Hepburn Shire Council has confirmed that the Mayor, Cr Tony Clark has been served with alleged criminal charges initiated by a private individual. The action against Cr Clark was threatened in a social media post earlier this week.
The matter is proceeding as a private prosecution. It has not involved an investigation, fact‑finding process, or assessment by Victoria Police or any public prosecutorial authority. The charge comes while other private prosecution charges against Cr Don Henderson and CEO Bradley Thomas are still before the courts.
Council, acting in accordance with the Local Government Act 2020 and Council’s Integrity Policy has automatically stood down Cr Clark while this matter is managed through the appropriate court processes.
Deputy Mayor, Cr Shirley Cornish will step into the role of Mayor.
Council released a statement that “As this matter, and related proceedings involving other Council representatives, are the subject of ongoing legal processes, Council is constrained in what it can publicly comment. It would be inappropriate to discuss the substance of the allegations, respond to legal arguments being advanced through those processes, or comment on matters that may ultimately be determined by the Court. Council will continue to act on legal advice and in accordance with its statutory obligations and established governance processes.”
Cr Clark is forced to stand down while untested allegations are considered by the court. Cr Don Henderson is currently contesting other charges relating to his alleged misconduct in office and has been stood aside. Under the Local Government Act 2020, Council’s Chief Executive Officer is not required to stand aside while court processes are ongoing.
The Council statement “welcomed proposed amendments by the Victorian Government that would mean in similar circumstances the automatic standdown process would not apply to Councillors.
“Council supports a fair process and will uphold any decisions of the Court. Council also hopes that these matters can be determined as promptly as possible to provide certainty for the individuals involved and for the community they were elected to serve.
“Council will work cooperatively with relevant authorities and remains committed to maintaining strong governance, transparency and continuity of service to the Hepburn Shire community.
