Council adopts amended Community Amenity Local Law

Published on 25 July 2023

Surf Coast Shire Council adopted its amended Community Amenity Local Law at Tuesday night’s meeting.

The amended local law includes the following updates:

• Clause 2.1(j) has been removed to allow people over six years of age to enter a Council toilet or facility, which is signed for use by persons of a different gender. This change will improve access and inclusion and bring the local law into alignment with legislative requirements.  
• 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.
• Council’s Nature Strip Guidelines have been included as an incorporated document to facilitate enforcement of these guidelines.

Mayor Cr Liz Pattison said the changes would promote inclusion and provide support for those fleeing family violence situations.

She said the removal of clause 2.1(j) was required to ensure Council’s local law aligned with federal legislation.

“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.”

“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.”

During the community engagement period, the removal of clause 2.1(j) was the focus of most submissions.

Mayor Pattison said she understood people’s concerns, but reassured those who provided feedback that 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%) 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,” she said.

“We value the feedback we’ve received, which will help us in our future planning, including the design of toilet facilities for redevelopments or new buildings.”

View the official statutory notification