Overview
- This week Hepburn resident David Penman filed private criminal charges that led to several councillors, including the mayor, being automatically stood down under section 229 of the Local Government Act.
- With five councillors stood down the council no longer has a quorum and cannot hold meetings to approve major contracts or capital works while routine services continue under staff delegations.
- A magistrates' court registrar has forwarded the filings to the Office of Public Prosecutions but no public prosecutor has yet taken over and Mr Penman says he intends to continue the prosecutions.
- Rural Councils Victoria and the Municipal Association of Victoria have urged immediate action and the state government says the Local Government Minister has written to the DPP while a bill before parliament aims to stop private charges triggering automatic stand‑downs.
- Under Victorian law private individuals can start criminal proceedings in magistrates' court and section 229 forces councillors to step aside when charged, a combination critics warn can be used to disrupt local democracy and may lead the minister to appoint an administrator if governance cannot be restored.