City of Mandurah councillor Dave Schumacher has raised concerns over the interpretation of male and female gender in the context of public toilets and changerooms, asking whether the council could define them based on biological sex.
Council Debate Over Gender Definitions
At the council's June 23 meeting, members were asked to approve the local government property and public places amendment local law 2026, which regulates behaviour on council property, including drunkenness, drug use, and adequate clothing. The law includes a provision that 'a person of the male gender' must not use a toilet or changeroom specified for females, and vice versa. The amendment was passed unanimously, but not before Cr Schumacher sought clarification.
Cr Schumacher said his question was prompted by current debate, which he found 'very confusing, males that identify as female'. He noted that female and male gender was 'open to interpretation' and asked, 'I think it needs to be clarified ... can we change that to biological female, biological male?'
Staff Response and Legal Context
During the discussion, council members could be heard talking among themselves, with one audible exchange of 'I should have asked that question' and 'nah mate don't worry about it' before Mayor Amber Kearns asked Cr Schumacher to turn off his microphone.
City director Tahila Jones responded that the previous local law contained no definition of gender, and that remained unchanged. 'We have referred to gender under the Interpretation Act ... how it's defined under the Interpretation Act is what we rely upon in our definition,' she said. The Interpretation Act states that words denoting a gender or genders include each other.
Ms Jones cautioned against making any changes at the meeting. 'If elected members wish to explore this further, we would need to obtain advice, external legal advice and advice from the department and the joint standing committee,' she said. 'We would be highly recommending that if council do wish us to explore this matter further, that the item be deferred and be brought back.'
Public Submissions and Next Steps
Cr Schumacher then said he did not want to defer or change the law, but sought clarification on how the council could get further guidance. 'I think that will probably be a question for a briefing or for another day,' Mayor Kearns said.
The city received four public submissions when the new law was advertised for comment earlier this year, two of which raised concerns about alcohol consumption in public places.
