Josh Gilligan Suspended Over RAAF Comments

Councillor Josh Gilligan has been suspended for a second time in four months after an independent arbiter found he engaged in misconduct over comments about the future of RAAF Base Point Cook and a subsequent email exchange with fellow councillor Robert Szatkowski.

The determination, handed down on 16 June, found Cr Gilligan breached the Model Councillor Code of Conduct on two separate occasions.

He has been suspended for two weeks, ordered to publicly apologise to Cr Szatkowski and directed to undertake training on the role of the Mayor when making public statements.

In February, Cr Gilligan was suspended from office for one month after an independent arbiter found he engaged in misconduct over a Facebook post targeting former mayor Kim McAliney.

The case centred on comments Cr Gilligan made to The Age on 4 February regarding the Commonwealth Government’s proposed sale of surplus defence land at RAAF Base Point Cook.

“We’re prepared to go to DEFCON 1 to protect our city from this housing incursion because we’re sick of housing and no jobs and services for people who move into them,” he told the newspaper.

(Cr Robert Szatkowski)

Second Arbitration Between Councillors

Cr Szatkowski later lodged an internal arbitration application, arguing the comments created the impression Wyndham City Council had already adopted a formal position opposing residential development of the site when no such position existed.

In a seven-page determination, arbiter Dr Meredith Gibbs agreed.

The ruling found Cr Gilligan’s comments created a clear impression that Council had a settled position on the future use of the land despite councillors not having considered the matter or adopted a formal position at the time.

Dr Gibbs found the comments were likely to mislead the public because they appeared to be made in Cr Gilligan’s official capacity as Mayor and represented as Council’s position.

The arbiter rejected arguments that the comments were justified by Wyndham’s advocacy strategy, media policy or broader planning policies.

Instead, the determination found the remarks were inflammatory, created the impression of an immediate threat when no development proposal existed and effectively “jumped the gun” on a matter Council had not yet considered.

(Cr Josh Gilligan)

Emails Ruled Discourteous

The ruling also noted that any future redevelopment proposal would still need to pass through extensive planning and rezoning processes before housing could be built on the site.

A second allegation related to an email Cr Gilligan sent to Cr Szatkowski after concerns were raised about the media comments.

The arbiter found the tone of Cr Szatkowski’s original email was respectful.

However, Dr Gibbs found Cr Gilligan’s response was discourteous and disrespectful.

Particular reference was made to comments including “The cheek of you” and suggestions that Cr Szatkowski required further education or training.

“The Respondent failed to treat the Applicant with courtesy and respect,” the determination states.

The decision comes despite Council later formally adopting a position opposing residential redevelopment of RAAF Base Point Cook and continuing advocacy efforts to preserve the historic site.

Cr Gilligan also referenced that decision in a statement provided to Wyndham TV.

Gilligan Calls For Legal Overhaul

Wyndham TV understands councillors Susan McIntyre and Jasmine Hill also publicly expressed concerns about the future of the site in local media shortly after Cr Gilligan’s original comments.

Responding to the ruling in his personal capacity, Cr Gilligan said he would comply with the orders but criticised Victoria’s councillor conduct framework.

“I’ll comply with the orders noting I have no legal right to a review or to appeal the decision on its merits, which I think is unfair for any Mayor or councillor in this situation”.

“The State needs to urgently overhaul the Councillor Code of Conduct framework. In a healthy democracy, no councillor should have to think twice about standing up for the community they were elected to represent”.

“In February I warned Point Cook couldn’t take more housing without infrastructure and jobs over the RAAF land sale. Within days, two councillors were out publicly making the same case in a local newspaper.”

“The irony isn’t lost on me: I’ve been sanctioned for advocating for an issue this Council then voted to adopt as its own.”

The suspension is expected to commence on 24 June 2026 and run until 7 July 2026, following the tabling of the determination at Wyndham City Council’s meeting on 23 June.