While the number of all-gender bathrooms is increasing in NSW, they will not be mandatory. Photo: Samir Luther/Flickr.
The NSW Government has rejected most of the recommendations of a parliamentary inquiry into public toilets, including the controversial suggestions it mandate single-use cubicle all-gender facilities across the state and change signs with terms such as “unisex” to “all-gender”.
The inquiry, chaired by Albury-based Greens MP Amanda Cohn, deliberated for 14 months, and heard evidence from a number of transgender advocates who criticised the traditional public toilet format – separate male and female blocks with multiple stalls and a common area to wash hands.
“Many [public toilets across NSW] do not provide facilities for non-binary people,” the Illawarra Shoalhaven Gender Alliance wrote in its submission.
“This presents the problem that someone who is non-binary must choose between a toilet that clearly does not match their gender presentation”.
Recommendation 13 from the final inquiry report called on the NSW Government to mandate that “all-gender single-use cubicles must be provided, either instead of or in addition to gendered facilities. The accessible toilet and/or accessible adult change facility may not be used to meet the requirement for all-gender facilities.”
The NSW Government did not support this recommendation, saying the public toilets were a matter for local councils.
“While accepting the importance of accessible, inclusive and well-designed public toilets the NSW Government does not accept that it is necessary to legislate to require minimum coverage or minimum standards of design,” its response report stated.
The inquiry also found that toilets should be designed using universal design principles so they are accessible and usable by people with a disability, older people, and people with prams. It also recommended the installation of baby change tables.
“It is deeply disappointing to see such a sweeping rejection of the committee’s work,” Dr Cohn said.
“The inquiry demonstrated overwhelmingly that public toilets are failing large parts of the community and excluding them from public life as a result.
“The government had an opportunity to act on strong, cross-sector evidence and tri-partisan recommendations to improve public health, inclusion and dignity. Instead, it has chosen to back the status quo of poorly regulated and inadequate public toilet provision.”
Dr Cohn said the committee’s findings highlighted that inadequate access to public toilets disproportionately affected people with disability, people who experienced incontinence, people who menstruated, LGBTQIA+ communities, people experiencing homelessness, First Nations people, and those living in rural and remote areas.
Megan Spindler-Smith, Acting CEO of People with Disability Australia, also criticised the NSW Government’s response.
“Safe and truly accessible public toilets and Changing Places facilities are rights-supporting and rights-affirming and are a basic requirement for people with disability to live, work and participate in community life. The NSW Government cannot keep passing the buck to local councils; it must show leadership and deliver a statewide public toilet strategy that guarantees consistent, accessible facilities across NSW,” she said.
The public toilet inquiry final report and recommendations and the full NSW Government response to them can be found on the inquiry website.
