Victorian Court Rules Whittlesea Mayor Suspension Invalid
Procedural Fairness at the Centre of the Ruling
A Victorian court has ruled that the state government's suspension of Whittlesea mayor Aidon McLindon was invalid, citing a failure to afford him procedural fairness. The decision raises significant questions about the limits of executive intervention in local government and the administration of democratic oversight.
Cr McLindon was stood down for six months in April 2025. The then-local government minister, Nick Staikos, recommended the suspension, arguing it was necessary to protect the health and safety of councillors and staff at Whittlesea City Council. The move followed a letter co-signed by 10 councillors requesting urgent intervention, which also triggered an independent Commission of Inquiry and the appointment of municipal monitors.
Allegations and the Court's Finding
The Supreme Court heard that municipal monitors alleged Cr McLindon breached the Model Councillor Code of Conduct through a series of divisive social media comments made during a state election campaign. The monitors claimed these comments were widely viewed as racist, homophobic and transphobic. Additional allegations included trivialising a 1,300-signature petition calling for his resignation, attempting to intimidate the council's chief executive officer and causing emotional distress to councillors and staff.
Despite the severity of the claims, the court found Cr McLindon wasn't afforded procedural fairness during the monitors' investigation. He wasn't provided with sufficient details about the allegations or their proposed findings, nor was he given a proper opportunity to respond. Consequently, the monitors' report was rendered invalid, leaving the minister without a lawful basis to recommend the suspension.
McLindon Considers Further Legal Action
Cr McLindon described the judgment as a relief after a tumultuous 12 months, characterising the suspension as an unlawful dismissal under local government legislation introduced by Daniel Andrews.