TWO major decisions made by Kingston Council have been invalidated after legal advice received in the wake of the decision to stand down councillor Jane Agirtan.
Agirtan faced Melbourne Magistrates Court on 7 April – she has been charged with breaching a personal safety intervention order. On 9 April Kingston Council confirmed Agirtan had been stood down under section 229 of the Local Government Act 2020, which states that the Chief Municipal Inspector has the power to refer a councillor to VCAT for an order to stand down if they are charged with a crime where the maximum penalty is at least 12 months imprisonment. Agirtan first faced court over the matter on 25 February, and her charge was signed off by police on 1 January.
Kingston Council has received legal advice that two decisions made this year must now be reconsidered. Both matters were narrowly decided in the council chamber with the supporting vote of Agirtan. The first was a decision to grant a conditional permit for an electronic billboard at Westfield Southland, 1239-1241 Nepean Highway in Cheltenham. Council will also reassess its decision to refer grants awarded by the previous council in June 2024 to the Local Government Inspectorate. (“Bullying allegations aired in council meeting” The News 2/4/2025) The matters will return to council for voting at the 28 April public meeting, shortly after publication deadline.*
Separately, councillor Chris Hill has authored a notice of motion asking council officers to “release details of the internal review that has taken place into the events that led to the standing down of a councillor” and “develop a robust process for the handling of similar matters in future that incorporates the principles of good governance.”
A report prepared by Kingston Council officers read that independent legal advice “confirmed that no breach of the Local Government Act by council has occurred, but two previous resolutions of council require reconsideration by council. “These two items are contained within this April Council Meeting Agenda, discharging this responsibility.
Having been in regular contact with the Local Government Inspectorate, the integrity agency responsible for compliance with the Local Government Act, council further advised the Local Government Inspectorate in writing of the legal advice, results of an internal investigation and intent to reconsider two resolutions of council.”
Agirtan is expected to remain stood down until the conclusion of the court process – she is scheduled to face Moorabbin Magistrates’ Court on 20 June. (“Councillor Agirtan stood down”, The News 10/4/2025)
*Editor’s note: Both items were approved at Kingston Council’s 28 April meeting
First published in the Chelsea Mordialloc Mentone News – 30 April 2025