Public toilet issue highlights bigger problem with council by-laws | Kathryn Bermingham

Next time you’re frantically looking for a public toilet, make sure you take a moment to stop and check the local by-laws, writes Kathryn Bermingham.

It’s a familiar scene. A busy playground on a weekend, a kid suddenly desperate for the toilet and mum or dad hunting around for the closest one.

If you’re lucky, there might even be toilet paper available.

But if you’re a dad with a daughter or a mum with a son, there’s another issue you’ve got to deal with.

Little-known by-laws dictate who can and cannot enter public toilets. And it’s a lot to get your head around.

A parliamentary committee found the state’s 68 councils each have their own rules outlining how young children must be to enter toilets of the opposite gender with their parents.

Council by council, the rules differ slightly. Some allow children under five years old to enter, while for other councils it’s eight or even 10 years old.

Other councils have no rule at all.

According to the committee’s report, tabled in parliament last year, the mother of a six-year-old boy would be allowed to take him into female public toilets in Adelaide but not in the neighbouring area of Walkerville.

It makes no sense, and should be cause for change.

The committee found by-laws on this topic should not be based on an age limit, and instead any vulnerable person accompanied by a parent or carer should be allowed entry to toilets of the opposite gender. Fair enough.

But, to achieve this or any kind of uniformity when it comes to by-laws, it would take vast amounts of time and resources.

Each council would separately need to consider and pass the reforms.

Lisa Michael with her five-year-old son, Samuel. Picture: Keryn Stevens

Given few people even know about the by-law in question, that seems a waste and an obvious opportunity to streamline.

There are, of course, many issues that are unique to local areas and best dealt with by councils.

But, if there are areas where the same rule could be used across the state, or across the metropolitan area, why not remove the burden?

Why does every council need its own rules on cats, camping or signage? Especially when existing rules are, in many cases, the same or very similar between areas.

Not only would a streamlined approach free up councils to focus on local issues, but it would make life far easier for the public which is at present expected to be across minor rule variations to minor laws.

To change this system would not be easy. There would need to be cooperation between state and local governments. It would take time and effort to get it right.

But, when it comes to some by-laws, it makes sense.

For now, confusion and inconsistency reigns.

So next time you’re frantically looking for a public toilet, make sure you take a moment to stop and check the by-laws.