The Australian Building Codes Board (ABCB) recently put out a call for submissions for proposals to create ‘all-gender’ sanitary facilities in the National Construction Code (NCC), by removing the term ‘sex’ and replace it with ‘gender’ throughout the code.
AAWAA holds that the provision of sanitary facilities should be made in regard to the dignity of all people. We commend the ABCB for seeking to be inclusive, and inclusion is an important principle for the cultivation of a just and compassionate society; however, there are instances where exclusion is a necessary organising principle, and one example of this is where the safety, dignity, and privacy of females must be upheld. We maintain that this principle is largely demonstrated in the existing Code provisions addressing male and female occupants, and in providing adequate unisex facilities, all in the public interest.
While we support the expansion in the provision of free and accessible sanitary facilities under the NCC for certain buildings, this should not come at the expense of adequate female-only facilities. As a national code, the NCC should continue to demonstrate commitment to enhancing female participation in society through the guarantee of adequate sanitary facilities for females.
Our primary concern is the loss of female-only facilities implicit in the draft proposals made in relation to Section F, F4 Sanitary and Other Facilities, Clause F4D3, and Clause F4D4. The changes proposed will have the unintended consequence of constructively reducing the quantum of facilities provided for the exclusive use of females in certain buildings.
Secondly, we oppose the loss of ‘sex’ – understood as biological not ‘legal sex’ – manifest in the proposed changes in terminology that seek to replace ‘sex’ with ‘gender,’ and ‘unisex’ with ‘accessible’ throughout the NCC. The proposed change in terminology from sex to ‘gender’ will contribute to the erosion of women’s right to safe, female-only facilities – and we believe the ABCB is misreading Australian law in advocating for this change.
Thirdly, the proposed changes may jeopardise the coherence and workability of the Code. The existing Part F4 is largely coherent, including in its dependence on existing definitions. The proposed changes disturb that coherence. By removing sex-based terms that describe occupants and their needs, in favour of terms that relate to self-declared gender identity, the NCC would be placing in jeopardy its own Code in regard to the definition of ‘occupant’ and the provision of adequate personal hygiene amenities for the needs of those occupants.
You can read our full submission, below.
