Period Products and Facilities (Access) Act 2023

This Act is the Period Products and Facilities (Access) Act 2023.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘territory-funded work, for part 3 (Workplace access to facilities)—see the Government Procurement Act 2001, section 22F.’ means that the term ‘territory‑funded work’ is defined in that Act and the definition applies to this Act for part 3.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The main object of this Act is to reduce and prevent period poverty in the ACT.

This Act aims to achieve its object by—

providing free access to period products for people experiencing period poverty in the ACT; and

improving access to toilets, handwashing facilities and sanitary waste facilities; and

providing public information about menstruation and menstrual hygiene.

In exercising a function under this Act, the following principles (the principles of dignity) must be taken into account:

a person may experience period poverty as a result of either or both of the following, which, if experienced in combination, may worsen period poverty:

economic disadvantage;

different aspects of the person’s identity, for example, their sexual orientation, gender identity, mental health, nationality, religion or ability;

not every person who menstruates identifies as a woman;

a person accessing period products should—

be given a reasonable amount of privacy; and

have their personal information protected in a way that complies with the Information Privacy Act 2014; and

as far as reasonably practicable, be given the same access to period products as anyone else seeking access to the products, regardless of their identity; and

be able to access period products in a way that avoids humiliation and enables age appropriate participation in decision-making.

For this Act, a person experiences period poverty if the person is in financial, social, cultural or physical circumstances that prevent the person from accessing, when needed, any of the following:

period products;

menstrual hygiene information;

toilets;

handwashing facilities;

sanitary waste facilities.

Part 2 Access to period products

Division 2.1 Access in the community

The Minister must maintain a list of places at which period products are to be made available for use by people experiencing period poverty (the suitable places list).

The suitable places list must include the following:

public places in a range of geographical locations in the ACT to ensure reasonable access for people experiencing period poverty;

any approved suitable place.

Examples—suitable places

 community facility

 health centre

 library

The suitable places list is a notifiable instrument.

The director-general must ensure period products are made available at each place on the suitable places list, free of charge, for use by people experiencing period poverty.

In making period products available at a public place on the suitable places list, the director-general must comply with the access arrangements for the place.

In making period products available at an approved suitable place, the responsible entity for the place must comply with the access arrangements for the place.

The director-general with administrative responsibility for a public place on the suitable places list must make arrangements, in writing, for access to period products at the place.

The director-general must make arrangements, in writing, for access to period products at approved suitable places.

Access arrangements for a place must—

be consistent with the principles of dignity; and

provide for—

how a person accesses a period product at the place in a way that respects the person’s dignity; and

a reasonable range of period products to be available at the place.

An entity may apply to the Minister to have a place included on the suitable places list if the entity—

provides services to people who are, or are likely to be, experiencing period poverty; and

provides the services from the place; and

satisfies any other eligibility criteria under the approval guidelines.

The director-general may approve the place to be an approved suitable place if satisfied that—

the application complies with any requirements for the application under the approval guidelines; and

the inclusion of the place on the list is likely to improve access to period products for people experiencing period poverty.

An approval may be subject to conditions.

The responsible entity for an approved suitable place must report to the director‑general on the entity’s compliance with the access arrangements for the place each year, or as otherwise requested in writing by the director-general.

The director-general may remove an approved suitable place from the suitable places list if not satisfied the responsible entity for the place is complying with—

the access arrangements for the place; or

any condition on the approval.

The director-general must make guidelines (the approval guidelines) for applying for and approving a place to be included on the suitable places list under section 11.

Without limiting subsection (1), the approval guidelines may provide for the following:

any other eligibility criteria for an entity to apply for approval;

the process for applying for approval or reapproval, including the form and content of applications;

any other criteria for deciding applications;

the length of an approval.

An approval guideline is a notifiable instrument.

Division 2.2 Access for students

An education provider must ensure period products are made available on the provider’s premises, free of charge, for use by students of the provider experiencing period poverty.

In making period products available on an education provider’s premises, the provider must comply with the access arrangements for the premises.