Suspended Whittlesea mayor Aidan McLindon takes fight to regain robes to Supreme Court

Suspended Whittlesea mayor Aidan McLindon wants to test recent sanctions against him in the Supreme Court.

Aidan McLindon speaks out after being suspended from his duties as mayor and councillor for six months.

A former Melbourne mayor who was suspended under new powers recently created by the state government wants to challenge the decision in the Supreme Court.

Whittlesea mayor Aidan McLindon was suspended for six months on April 16 following a recommendation by Local Government Minister Nick Staikos.

It was the first time the power had been used since it was introduced in October as part of amendments to the Local Government Act 2020.

The change allows the Local Government Minister to recommend a councillor be suspended if they are found to create a serious risk to health and safety or prevented the council from performing its functions.

In a written statement provided to the Herald Sun Mr McLindon said he had received advice from senior layers suggesting Mr Staikos had acted “unlawfully”.

“As a result of this advice I will be applying to the Supreme Court to judicially review the actions of the Minister,” Mr McLindon wrote.

Aidan McLindon says the accusations against him are false. Picture: supplied

Mr Staikos said Mr McLindon was suspended following a report by municipal monitors appointed to Whittlesea Council and other information provided.

“As the matter is expected to be subject to litigation, it would be inappropriate to comment any further,” Mr Staikos said.

Mr Staikos recommended the sanction against Mr McLindon six weeks after Whittlesea chief executive Craig Lloyd banned the mayor from attending council premises in person — including the meetings he chaired — after he was accused of intimidating staff and other councillors.

The ban followed a vote of no confidence in Mr McLindon by the city’s other councillors.

Immediately after his suspension Mr McLindon said he was being punished for speaking up for rate freezes and against rainbow flags being hoisted at childcare centres which no one else had the “courage” to do.

He denied being a “bully” and “aggressive”, saying he had no arguments with staff and the accusations against him were false.

“(The suspension) should send shivers down the spine of every democratically elected councillor in this state to say your jobs are no longer safe,” he said.

“Because what we have witnessed now is that if you ask a question, if you ask where the money is going … they will mobilise bureaucracy against you.”

Following the suspension the state government announced a commission of inquiry into Whittlesea council to address “potentially serious and systemic” governance issues.

Victorian Local Government Minister Nick Staikos. Picture: supplied

The four month independent inquiry began on May 19 and will examine matters affecting good governance at the council and any legislative, regulatory or other reform needed to address the issues occurring since the local elections last year.

Mr Staikos said he believed a commission of inquiry was needed after receiving a letter co-signed by 10 councillors asking for an urgent intervention.

“The situation at the City of Whittlesea is unprecedented — including the unanimous no-confidence motion in the mayor and his subsequent ban from council premises for occupational health and safety reasons,” he said.

“We want Victorians to have confidence in their local councils. This inquiry will help to identify any changes needed to ensure the council is operating as required and in the best interests of its local community.”