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Wellington Shire Council to update Community Local Law 2021, ensuring relevance, inclusivity, and strong legal compliance

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By news@gippsland - 17th September 2025 - Back to News

Wellington Shire Council will update its Community Local Law 2021, to remain current, inclusive and legally sound. During the 16 September Council Meeting, councillors voted to amend several clauses within the Local Law to align with its own Community Vision, other local government areas and most importantly, the law.

Council decisions may differ from staff recommendations, reflecting community views and councillors' judgment. Full transparency is maintained through accessible documents

Updating community rules

The main amendments include:

• Update to penalty units to keep fines fair and reasonable, with several individual fines reduced to maintain proportionality
• Broadening of a smoking in public clause to include vaping
• Amending the number of cats that can be kept on residential properties from 5 to 2
• Removal of a clause that restricted individuals from accessing council dressing rooms, showers or toilets that did not match their sex

This outdated clause contravenes the Victorian Charter of Human Rights and Responsibilities Act 2006 and the Equal Opportunity Act 2010. The specific clause has never had to be enforced by council's Local Laws team. Council officers consented to Victorian Civil and Administrative Tribunal (VCAT) orders for an updated Local Law to be presented with a recommendation to remove the clause.

Fairness under law

Council officers recommended its removal for multiple reasons; the most pertinent being local laws cannot conflict with other legislation, including state and federal laws. The change upholds the rights of all individuals, allowing transgender, non-binary and gender-diverse people to access public toilets with equal and fair protection under the law.

In preparing the recommendation, council officers sought independent legal advice, which confirmed retaining the clause exposes council to lengthy and expensive legal risk. The removal also brings council into line with other local governments, with only five Victorian councils currently maintaining a similar provision - a number that will continue to decline as the remaining councils progress through the same removal process.

Engaging with community

Under the Local Government Act 2020, council is legislated to undertake community engagement to amend its Local Laws. A four-week survey ran during July via council's Your Wellington, Your Say platform, where council asked the community to provide comments specific to the different amendments.

During the community engagement period, many submissions expressed concerns about harmful behaviour. However, there is no evidence to suggest a link between the removal of the clause and an increased risk to safety. Council reminds the community that antisocial or harmful behaviour in public places is already against the law and should be reported to Victoria Police.

Balancing law feedback

Wellington Shire Mayor Scott Rossetti acknowledged a significant proportion of the feedback council received did not support the removal of the clause, but emphasised council must uphold the law. "Where legislative requirements and the outcomes of community engagement come into conflict, legislative requirements must be followed. However, the feedback we gathered is still incredibly valuable because it will help shape the way we plan and design council-owned toilets, changerooms and public facilities."

"All of council's current outdoor toilet facilities, found in our parks and gardens, are characterised by individual cubicles, with a communal hand washing area. By sharing your thoughts, you're helping us create spaces that truly reflect local needs and make life better for everyone," Cr Rossetti said.

Transparency In decisions

Wellington Shire Deputy Mayor Cindy Madeley, who moved the motion, highlighted the policy better reflected the evolving nature of the community. "They acknowledge how people live today - diverse in background, experience and circumstance - and ensure our local laws are fair, relevant and respectful of everyone who calls Wellington home."

Council acknowledges the removal did not gain unanimous support from all councillors. It is possible for councillors to depart from council staff recommendations; councillors may resolve to adopt, change or reject the officers' recommendations. Councillors are elected decision-makers and therefore have the right to act on community views, political priorities and their own values and judgement.

We value transparency in every step of our decision-making process. To understand how this decision was reached, we encourage you to review the Council Meeting Agenda, where the full discussion and supporting information can be found on pages 18-58.

Pictures from Wellington Shire Council Facebook page.

Source: www.gippsland.com

Published by: news@gippsland.com