Mayor Appointment Rules for Department Heads - Melbourne

Introduction

In Melbourne, Victoria the mayor does not typically exercise unilateral power to appoint department heads. Appointments of senior officers are governed by the City of Melbourne's governance framework and the council's delegations to the chief executive officer (CEO). This article explains the usual roles of mayor, council and CEO, the formal instruments and complaint routes, practical steps to request review, and where to find official forms and contacts for the City of Melbourne.^[1]

How the appointment process normally works

The usual model in Melbourne is that:

• The council (collectively) sets policy and may approve senior appointments at meetings.
• The CEO has delegated operational responsibility to recruit and appoint department heads unless the council reserves a particular appointment.
• The mayor chairs council meetings and can lead public advocacy or propose motions but does not normally make private binding appointments of department heads.

When the mayor may be directly involved

Direct mayoral involvement can occur when the council resolves to appoint a senior officer, when the council establishes selection panels, or where local rules reserve a specific class of appointment to the council. Check council minutes or the council resolution that created the vacancy for any special procedure.

Penalties & Enforcement

The City of Melbourne governance instruments set decision-making processes and complaints pathways; they do not specify criminal fines for improper appointments on the governance rules page.^[1]

• Fine amounts: not specified on the cited page.^[1]
• Escalation (first/repeat/continuing offences): not specified on the cited page.^[1]
• Non-monetary sanctions: internal orders, administrative reviews, council rescission of a resolution, or judicial review in courts for procedural breaches.
• Enforcer and complaint pathway: City of Melbourne governance and complaints offices; official contact and complaints page is linked below for lodging concerns or requests for review.^[2]
• Appeal/review routes and time limits: administrative review requests to the council or CEO are governed by local practice; external remedies include the Victorian Ombudsman and judicial review in the Supreme Court — specific time limits are not specified on the cited municipal page.^[1]
• Defences/discretion: decisions often allow discretion for reasoned decision-making, legitimate recruitment processes and permitted delegations; formal defences may include demonstrating compliance with recruitment policy and council delegations.

Common violations and typical remedies:

• Failure to follow advertised recruitment or council resolution — remedy: review, rescission or re-run process.
• Undeclared conflicts of interest in appointment decisions — remedy: council investigation, declaration requirements and possible rescission.
• Bypassing council where a resolution is required — remedy: administrative review and corrective council action.

Applications & Forms

The City of Melbourne does not publish a single universal form for contesting an appointment on the governance rules page; to request review or lodge a complaint use the official complaints/contact channels listed below.^[2]

Practical action steps

1. Check the council meeting minutes and any council resolution about the vacancy to see if council reserved appointment authority.
2. If concerned, contact the City of Melbourne governance or complaints team and ask for the procedure to seek internal review.^[2]
3. Request meeting records, selection criteria and conflict of interest declarations in writing.
4. If internal avenues are exhausted, seek external review via the Victorian Ombudsman or legal advice about judicial review.

FAQ

Can the mayor alone appoint a department head?

No. The mayor does not normally have sole power to appoint department heads; appointments are usually made by the CEO under council delegations or by council resolution. Check the council resolution for any exception.

Where do I lodge a formal complaint about an appointment?

Lodge the complaint with the City of Melbourne governance or complaints team using the official contact channels linked below; external options include the Victorian Ombudsman.^[2]

Is there a standard appeal form or fee?

No standard appeal form or fee is published on the City's governance rules page; follow the complaints procedure on the City's contact page for current steps.

How-To

How to seek a review of a department head appointment in Melbourne, Victoria.

1. Identify the council resolution or CEO delegation that authorised the appointment and obtain relevant minutes or documents.
2. Write to the City of Melbourne governance or complaints office with clear grounds for review and request specified records.
3. If unsatisfied with the internal outcome, contact the Victorian Ombudsman to inquire about jurisdiction and next steps.
4. Consider legal advice about judicial review for procedural fairness breaches and act promptly to preserve remedies.

Key Takeaways

• The mayor rarely makes private appointments; the CEO and council delegations govern most hires.
• Use the City of Melbourne complaints and governance channels first for review.
• External remedies include the Victorian Ombudsman and judicial review where procedural fairness is at issue.

Help and Support / Resources

• City of Melbourne - Governance rules and council procedures
• City of Melbourne - Contact, complaints and governance enquiries
• Victorian Ombudsman - How to make a complaint
• Victorian legislation portal (Local Government Act 2020)

1. [1] City of Melbourne - Governance rules and council procedures
2. [2] City of Melbourne - Contact, complaints and governance enquiries