The ABC has reported that the Victorian Government will appoint an administrator to oversee the affairs of Hepburn Shire Council in order to resolve the current governance crisis.
Victorian Minister for Local Government Paul Hamer announced the decision earlier today (Friday).
Five of the council’s seven councillors have been stood aside while allegations brought brought against them in private prosecutions by local businessman David Penman are considered by the courts. The prosecutions have left only two councillors, Cr Drylie and Cr Hood, able to carry out their duties but unable to form the quorum required to make Council decisions.
The announcement follows several months of uncertainty over the future of the council and follows closely the appointment of an interim CEO, Janet Dore, to replace outgoing CEO Bradley Thomas. Ms Dore, a former Chief Executive Officer of the Transport Accident Commission and an experienced local government executive, will commence the role on Monday (August 3).
The appointment marks a very significant intervention by the state government in the affairs of Hepburn Shire Council. An administrator assumes the powers and responsibilities of the elected council and is able to make decisions that would normally be made by councillors. Council staff, led by the Chief Executive Officer, continue to manage the organisation’s day-to-day operations.
The Victorian Government said the appointment is intended to restore effective governance while the legal proceedings continue. The Government is currently considering legislative changes which would prevent similar circumstances in the future.
The circumstances leading to the appointment have also exposed an unintended consequence of changes made to the Local Government Act in 2024. Since March, when Cr Don Henderson was first required to stand aside after private criminal charges were filed against him, the Victorian Government has been aware that the legislation could leave a council unable to function if enough councillors were similarly affected.
The 2024 amendments require councillors to be stood down automatically once criminal charges are laid, regardless of whether those charges are brought by a public prosecuting authority or by way of a private prosecution. The automatic stand down occurs when charges are filed, before the allegations have been tested in court.
Details of the administrator to be appointed have not yet been announced but the Minister has indicated that it would be a temporary appointment to last until legal processes surrounding current councillors are resolved through the courts. The Wombat Post will continue to follow developments as further information becomes available.
