Shire adopts amendments to facility rules

THE Surf Coast Shire has changed its local laws to modify the rules about who can enter council facilities such as toilets, showes and changerooms, despite some community opposition.

The amendment, passed by a majority of councillors at their meeting on Tuesday, has removed clause 2.1(j) in the Community Amenity Local Law that prohibited people over six years of age to enter a shire toilet or facility signed for use by persons of a different gender.

The shire argues the change will improve access and inclusion and bring the local law into alignment with legislative requirements, but there has been some pushback from the community.

This includes a 174-signature petition lodged in June urging the shire to “leave the local law on men’s and women’s facilities alone”, which had another 562 signatures added to it at Tuesday’s meeting.

Using a notice of motion, Cr Heather Wellington attempted to defer adopting the Community Amenity Local Law entirely at the meeting and simultaneously ask the shire’s chief executive officer Robyn Seymour to provide at least one other option to amend the local law “accompanied by relevant legal advice”.

The notice of motion was lost, and councillors then adopted the originally proposed amendments to the local law six votes to two.

“Under the Sex Discrimination Act, those identifying as non-binary, gender diverse and transgender have the right to use the facilities that they wish. Council endorses that position,” shire mayor Liz Pattison said.

“Removal of this clause means that non-binary, gender diverse and transgender community members can lawfully use the facility of their choice. Also, parents can take children over the age of six with them into toilets and change rooms.”

Cr Pattison said she understood people’s concerns about the change – which was the focus of most submissions about the proposed amendments – but said the change would not impact the privacy or safety of individuals using facilities.

“The vast majority of Victorian councils don’t have this clause in their local law. In fact, 67 out of the other 78 Victorian councils (or 86 per cent) do not have a clause prohibiting people of one gender from entering a facility designated for another gender.

“And there is no evidence to indicate a rise in safety and privacy violations in the many places that already comply with legislative requirements.”

“We don’t expect to see major changes to the way toilets and facilities are used. Toilet signage will remain the same and we will still provide a range of male, female and all-gender options across the shire.”

Other amendments to the local law also adopted on Tuesday include provisions for camping and temporary accommodation and keeping of animals have been extended to support people displaced by family violence; the definition of ‘smoke’ has been aligned with the Tobacco Act, which includes e-cigarettes and vapes; and the shire’s Nature Strip Guidelines have been included as an incorporated document to facilitate enforcement of these guidelines.