Australia: five Hepburn Shire councillors suspended, council loses quorum

Herz — World Desk · 14 July 2026 at 03:00 · 30s summary · 4 min read

What we know

Five of the seven councillors at Hepburn Shire Council are on temporary suspension since July 13, 2026, according to ABC News. This rural local government area administers a region in central Victoria, Australia, including the towns of Daylesford and Creswick.

Businessman David Penman has filed successive private prosecutions against multiple council members. Charges against councillors Shirley Cornish, Lesley Hewitt, and Pat Hockey were served on July 13, 2026. Penman had previously targeted mayor Tony Clark, councillor Don Henderson, and council CEO Bradley Thomas.

The charges allege that the elected officials adopted the annual budget without certain financial documents required by law. The prosecutions characterise these actions as misconduct in public office — a deliberate breach of legal obligations by a public official.

Under Section 229 of the Local Government Act 2020, Victorian legislation governing local councils, any councillor charged with a criminal offence must suspend their duties until judicial proceedings are completed. Only Brian Hood and Tim Drylie remain active, a number insufficient to achieve the council's quorum.

Context

Private prosecutions are a procedure inherited from British common law: a private individual can directly file criminal charges with a court, without approval from a public prosecutor or police authorisation. This mechanism is legally operative in Australia and does not require prior police investigation.

Hepburn Shire Council released a statement asserting that these prosecutions "disrupt democracy." The council stated they were not preceded by any investigation by Victoria Police or any public prosecution authority.

Councillor Brian Hood, who voted against the budget adoption in question and is not subject to prosecution, is one of only two remaining active members. He stated on July 14, 2026, on ABC Radio that routine operations — roads, rubbish collection — continue, but major decisions, new contracts, and capital works are suspended due to lack of quorum.

Timeline

1. Before July 2026
   David Penman files misconduct in public office charges against councillor Don Henderson and CEO Bradley Thomas — the first in a series of prosecutions.
2. Before July 13, 2026
   David Penman files charges against mayor Tony Clark, forcing him to suspend temporarily under Section 229 of the Local Government Act 2020.