Northern Territory Chief Minister Lia Finocchiaro announced this week that her government will directed prisons to house transgender inmates according to the sex they were assigned at birth.
“There should be no men in women’s prisons, full stop,” Finocchiaro said, announcing the policy to The Australian newspaper.
“I can tell you now, here in the Northern Territory there are no blokes in women’s jails and we’re not having that here, not on my watch.”
The Chief Minister’s announcement was in response to a campaign from activist group Women’s Forum Australia who have written to each state leader calling for a strict rule on the housing of inmates who are transgender.
The group has highlighted a claim from a 29-year-old woman who alleges she was sexually assaulted by a transgender prison while incarcerated in a South Australian facility in 2019.
The government’s move has been welcomed by a wide range of groups who campaign against the recognition and acceptance of people who are transgender.
The territories Anti-discrimination Commissioner has raised concern about the proposal saying it potentially puts transgender women at risk.
Jeswynn Yogaratnam labeled the Chief Minister’s comments as “alarmist”.
“The comments are alarmist, unsupported by evidence from the NT, and risk inflaming prejudice and hostility toward trans Territorians,” Yogaratnam said on Wednesday.
“They also fail to acknowledge the significant, long-documented safety risks faced by transgender prisoners in men’s units at NT correctional facilities.”
Yogaratnam noted that prison officials currently undertake a comprehensive safety assessment when determining the needs of each prisoner and abandoning this may leave the government open to claims of unlawful discrimination.
Many groups however have raised concern about the move. The Northern Territory AIDS and Hepatitis Council, Top End Pride and Justice Not Jails have all asked the government to rethink their decision.
Vital Collective, an LGBTQIA+ sistergirl brotherboy health collective from Mparntwe, Alice Springsm said the comments from Finocchiaro were “inaccurate, harmful, and embolden anti-trans hatred”.
“This rhetoric increases the risk of violence for trans women both inside the prison system and outside,” Vital Collective said.
“Every Territorian deserves to live free from discrimination and violence. Stop spreading anti-trans hate.”
Western Australian quizzes WA government on their policy
As the Northern Territory government announced their new approach, Western Australian MP Marika Groenewald from the Australian Christians asked the WA government about the status of transgender prisoners in our state.
During Question Time in the Legislative Council Groenewald asked how many transgender women were currently in the state’s prisons, if they shared cells with “biological women” and referred the United Nations Minimum Standard Rules for the Treatment of Prisoners which calls for men and women to be housed in separate institutions.
Answering on behalf of the Minister for Corrective Services, Matthew Swinbourn MLC said there were currently no transgender women in any women’s facility in western Australia.
“The Department of Justice carefully considers the placement of all prisoners, including transgender, gender-diverse and intersex prisoners, and it takes into consideration the person’s safety, dignity and welfare, as well as the safety of other prisoners and staff, in accordance with departmental policies and procedures.” Swinbourn said of the process.
