Private prosecutions in Victoria have enabled a Daylesford resident to challenge his local council, sparking debate about democratic accountability. David Penman, a small business owner, used little-known laws under the Local Government Act 2020 to force five Hepburn Shire councillors and the CEO to face criminal charges, effectively halting major council decisions.
How Private Prosecutions Work in Victoria
Under the Local Government Act 2020, any councillor facing a criminal charge must step down while the matter is in court. This provision allowed Penman to launch private prosecutions against the mayor, Tony Clark, and councillors Shirley Cornish, Lesley Hewitt, Pat Hockey, and Don Henderson, along with CEO Bradley Thomas. Only two of seven councillors remain active.
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Key Allegations in the Case
The charges stem from claims that the council adopted its budget without including necessary financial documents. Penman described this as a “blank-sheet budget,” alleging councillors failed to demand legally required documents and accepted assurances at face value. The budget reportedly changed materially after their vote.
| Aspect | Penman's View | Council's Response |
|---|---|---|
| Legal Basis | Democracy requires elected officials to obey the law | Private prosecutions disrupt democracy |
| Process | Accountability through rule of law | No police investigation or public prosecutorial authority involved |
| Impact | Forces compliance with legal requirements | Limits council's ability to function |
Implications for Local Government
This case highlights the power of private prosecutions as a tool for citizen oversight. Penman argues that elected representatives are not immune from the law, while the council claims the actions are disrupting democracy. The outcome could set a precedent for similar challenges across Victoria.
Key Takeaways
- Private prosecutions allow citizens to hold officials accountable
- Councillors must step down if facing criminal charges
- The case involves allegations of budget non-compliance
- Only two of seven councillors currently serve
FAQ
What is a private prosecution in Victoria?
A private prosecution is a legal action initiated by an individual, not a government authority, to bring criminal charges against someone. In Victoria, it can be used against public officials under the Local Government Act 2020.
Why did David Penman prosecute the councillors?
Penman alleged that the Hepburn Shire Council adopted a budget without required financial documents, violating the law. He argued that elected officials must be held accountable through the rule of law.
What happens to councillors facing charges?
Under the Local Government Act 2020, any councillor charged with a criminal offense must step down from their duties while the case is pending in court.
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