Hepburn Shire Council have announced that Chief Executive Officer Bradley Thomas and Councillor Don Henderson have been served with alleged criminal charges initiated by a private individual.
The charges, which proceed as a private prosecution, have not been investigated or assessed by Victoria Police or any public prosecutorial authority. Despite this, the legal action has triggered immediate and significant changes to the Council’s leadership structure.
Councillor Stood Down
Council stated that under the strict requirements of the Local Government Act 2020, Cr Don Henderson has been automatically stood down from his role while the matter moves through the court system. Cr Henderson, a long-serving representative and former Mayor, will be unable to perform his civic duties until the legal process reaches a conclusion.
In contrast, the Act does not require a Chief Executive Officer to stand down under similar circumstances. Council confirmed that CEO Bradley Thomas will remain in his position and continue to lead the organization’s daily operations.
“Incredibly Disappointed”
In a statement released yesterday, the Council expressed firm support for both men, describing the organization as “incredibly disappointed” by the allegations.
“Council is taking the matter very seriously and is acting in accordance with the Local Government Act 2020 and Council’s Integrity Policy,” the statement read. “Council supports a fair process and will uphold any recommendations handed down by the courts.”
What Happens Next?
A private prosecution is a rare legal avenue where a citizen files a charge-sheet directly with the Magistrates’ Court. The matter will now likely face a Court “mention” date. The Director of Public Prosecutions (DPP) has the power to take over or discontinue private prosecutions if they are deemed to lack a reasonable prospect of conviction or are not in the public interest.
The Wombat Post will continue to monitor the court listings and provide updates as the legal process unfolds.
