Councillor Column - 15 July 2026 - Cr Tim Drylie

Published on 15 July 2026

When the system fails local democracy

Hepburn Shire is now in an extraordinary position.

Five of our seven Councillors have been automatically stood down following privately initiated prosecutions. With only two Councillors remaining, Council cannot form a quorum or make decisions that must legally be made by elected representatives. Our CEO has also resigned and is facing a privately initiated prosecution, leaving the organisation approaching a major leadership transition without a functioning Council.

Council’s latest statement explains the immediate situation.

It would be easy to focus all responsibility on the person who initiated these proceedings. The consequences of those actions are serious. However, concentrating only on one individual risks overlooking the deeper failure.

Individuals are responsible for their conduct. Allegations against councillors and staff must be considered properly and independently. It is not for me to determine whether there is a case to answer.

Governments and parliaments have a different responsibility. They must create laws that remain fair, proportionate and workable even when people are angry, persistent or determined to use every legal process available to them.

When the Local Government Act commenced in 2020, a charge did not automatically remove a councillor. The Chief Municipal Inspector first decided whether to apply to VCAT, and VCAT then considered the nature and circumstances of the charge.

Those safeguards were removed in 2024 and replaced with automatic standdown and suspension of the councillor’s allowance. The law did not distinguish between proceedings brought after investigation by a public authority and those initiated privately. It also did not adequately consider what would happen if enough councillors were stood down to remove quorum.

The Victorian Government has now introduced legislation proposing that automatic standdown apply only where proceedings are brought by or on behalf of a law-enforcement agency.

That reform must be dealt with urgently and must clearly address existing cases.

This is not about avoiding accountability. It is about ensuring independent scrutiny before an entire community loses its elected representation, council services are disrupted, staff and resources are diverted, and significant public funds are spent on legal representation. These are costs and consequences that could have been avoided had the legislation included appropriate safeguards in the first place.

Any Victorian council could be placed in the same position.

Good government means accepting responsibility for the systems within its control.

Hepburn’s community should not lose its democratic voice because those systems were not strong enough to protect it.