Surf Coast Shire Council passes controversial bathroom policy change

Councillors have voted on a controversial move to make a major change to the Surf Coast’s bathroom policy.

Surf Coast is gearing up for a debate over its bathroom policy, with one councillor tabling a motion and another behind a petition that garnered hundreds of signatures.

Anyone of any gender will now be allowed to use any council bathroom in the Surf Coast Shire.

Councillors on Tuesday voted to remove a clause in its local laws barring those over the age six from accessing bathrooms, showers and amenities designated for the opposite sex.

The move had seen a groundswell of community opposition.

A petition raising concerns about women’s safety garnered more than 500 signatures.

In supporting the amendment, councillors argued the move brought Surf Coast Shire in line with state and federal laws, other municipalities in Victoria, and fostered more inclusivity.

But, Mayor Liz Pattison said the shire didn’t expect to see major changes to the way toilets and facilities were used, nor would all toilets become gender neutral.

Mayor Cr Liz Pattison. Picture: Alan Barber

“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.

Prior to the vote, the council also voted down a motion, seven votes to two, presented by councillor Heather Wellington.

Ms Wellington sought to defer the decision on the matter to a future council meeting and amend the law maintaining the current prohibition on entering gendered facilities, with exceptions.

She argued dropping the prohibition leave women feeling vulnerable.

Deputy Mayor Cr Mike Bodsworth. Picture: Alan Barber

Councillor Gary Allen, who had supported Ms Wellington’s motion to bring it to council, withdrew his support after an “agonising few days”.

Mr Allen said because most Victorian councils did not have the prohibition he felt the perceived dangers of repealing it would disappear “rather quickly”.

“This will settle, and people will conduct themselves properly in public facilities, if they don’t there is the criminal law,” Mr Allen said.

The proposed change to the shire’s bathroom policy was brought after the current provision was deemed to be incompatible with state and federal anti-discrimination laws.

Mr Allen also said that his decision was impacted by the fact that if the motion was successful, it would have to undergo another period of debate.

“I’m now aware … of the many harmful comments that have been posted directed against the trans community,” Mr Allen said.

Cr Kate Gazzard. Picture: Alan Barber

Following the motion’s defeat, the local law changes were debated, with Paul Barker abstaining from voting as the creator of a petition on the issue.

The law changes passed, six votes to two, with Ms Wellington and councillor Adrian Schonfelder voting against.

Speaking about the amendment, councillor Kate Gazzard highlighted one of other passed local law changes, updated provisions for camping and temporary accommodation and keeping of animals being extended to support people displaced by family violence, as a positive.

“I think it’s important to note that violence against women, which is a huge issue, affects one and three women as per the (World Health Organisation) estimates, and 90 per cent of that is by intimate partner in the home,” Ms Gazzard said.

Surf Coast toilet gender change plan sparks fight

A controversial move to allow anyone of any gender to use any council bathroom has sparked a fight at the Surf Coast Shire.

Currently only those aged under six are able to access bathrooms, showers and amenities designated for the opposite sex. The proposed change would scrap that restriction.

But at least two councillors are fighting the move, one launching a petition that has attracted hundreds of signatures and another putting forward a motion to alter the current law.

Both are concerned the proposed change could see bathrooms misused by those with ill intentions.

In May, Surf Coast Shire put local law changes out for community consultation, including removing a section prohibiting people over the age of six from using facilities in council buildings intended for the opposite sex, including bathrooms, showers and changerooms.

The proposed law change took some in the LGBTQI+ community by surprise, and a petition, started by councillor Paul Barker, fighting the proposed law change has attracted more than 200 signatures.

The shire received 87 submissions during the engagement period, including 84 objections – two of which were withdrawn.

Concerns were also raised that the public nature of the debate would negatively impact vulnerable community members.

The local law changes were suggested by council officers after a “gender and equity impact assessment”.

The new motion by councillor Heather Wellington would defer the decision on the matter to a future council meeting and asks for an amendment to the law that maintains the current prohibition on entering gendered facilities, with exceptions.

Surf Coast councillor Heather Wellington. Picture: Mark Dadswell

The amendment would raise the age of children accompanying a carer from six to 11, and exclude carers assisting those with disabilities and those who do not identify as either male or female, allowing trans and non-binary individuals to use the bathrooms of their choosing.

Ms Wellington said the submissions to the shire “provided strong evidence of community sentiment against deleting this prohibition”.

“Council should respond to this community sentiment and attempt to meet the needs of people of all genders. Everyone deserves access to public facilities in which they feel safe,” Ms Wellington wrote.

Councillor Paul Barker organised an online petition that was lodged with council last month. Picture: Alan Barber

In May, Ms Wellington told the Geelong Advertiser she had no concerns with trans people using facilities of the gender they identify with, however, she felt removing the prohibition entirely would allow “males, who identify as males” to misuse facilities.

The motion would also change the terminology of the law from gender to gender identity, which would “remove any uncertainty about transgender people’s rights to access facilities”.

In response, council officers wrote they did not support the motion, claiming “there (was) no evidence of benefit”.

The shire has previously argued that the proposed changes were unlikely to result in an increase in problems or unsafe behaviours.

Council officers also argued the amendment would be effectively unenforceable and attempts to assess a person’s gender identity were outside the remit of local government officers and “could place both the individual officer as well as council at risk of complaints to the Human Rights Commission”.

Officers also said that if the motion was adopted, a further period of community consultation would be required.

Originally published as Surf Coast Shire Council passes controversial bathroom policy change