Council & Business
17 March, 2026
Shire CEO, councillor face dispute
Hepburn Shire Council has confirmed CEO Bradley Thomas and councillor Don Henderson have been served with alleged criminal charges initiated by a private individual.
In a statement released by the shire, the matter is proceeding as a private prosecution, meaning it has not involved an investigation, fact‑finding process, assessment by Victoria Police or any public prosecutorial authority.
It has been reported by the Herald Sun that owner of Clifftop at Hepburn, David Penman has accused the CEO and councillor of misconduct and allegedly misusing ratepayer funds on defamation claims against him.
The masthead also stated Mr Penman has launched criminal proceedings in Ballarat Magistrates’ Court, and alleged Mr Thomas and Mr Henderson misused ratepayer funds to pay for legal proceedings.
Issues emerged in 2020 when the shire rejected Mr Penman’s planning permit for a “luxury glamping development’’ in Elevated Plains on the grounds of a bushfire risk.
The Herald Sun also stated Mr Penman may have been advised by the shire in 2023 claiming he made defamatory statements toward Mr Thomas and Cr Henderson.
Hepburn Shire Council said they are “taking the matter very seriously and is acting in accordance with the Local Government Act 2020 and Councils Integrity Policy.”
The act states Cr Henderson must automatically be stood down while this matter is managed through the appropriate processes.
As CEO, Mr Thomas is not legally required to stand down and will continue to act in his role.
The ABC reported Council Watch Victoria’s statement via Facebook that the pair had been summoned to appear in Ballarat Magistrates’ Court.
They also said Council Watch is a ratepayer organisation that has been at the centre of accusations and allegations of threats, harassment and abuse from councillors across the state.
Hepburn Shire Council said they support a fair process and will uphold any recommendations handed down by the courts.
They also said they are “incredibly disappointed” with the allegations and fully support Mr Thomas and Cr Henderson as they work to resolve the matters.
The Maryborough District Advertiser is currently unable to confirm the charges or when the court appearance will be.