Cade Lucas
Wyndham council have conceded that a law banning non-binary people from using public toilets is not being enforced and will soon be replaced.
During questions with notice at a meeting of council on Tuesday night, Wyndham Council Chief Executive Stephen Wall was asked if section 14.8 of the Community Amenity Local Law 2015 banning people from entering public toilets reserved for the opposite sex, was still in use.
Mr Wall said a review of local laws found section 14.8 was not gender inclusive and may restrict human rights.
However, until a new version of the law came into effect, Mr Wall said section 14.8 would remain on the books.
“While the current local law is still in use, until the adoption of the new law this clause has not been and will not be enforced.”
Mr Wall said the new draft local law did not contain any clauses mandating the gendered use of public toilets, but didn’t say when it would come into effect.
The Draft Community Amenity Local Law was presented to council in April.
Wyndham is one of a number of Victorian councils removing laws which ban non-binary and transgender people from public toilets.
On Tuesday night Surf Coast Shire Council adopted changes to its amenity laws allowing people to enter public toilets and other council facilities regardless of their gender.
In response to a follow-up question, Mr Wall said Wyndham had no plans to
establish an LGBTQI+ Advisory Committee to advise council on these matters.
He said the Wyndham People’s Advisory Panel already had the capacity to perform this role.
“Panel members are reflective of the diversity of the community.
The LGBTQI+ community is represented on this panel,” Mr Wall said.
