CALL FOR TAS GOV TO RECOMMIT TO EXISTING TRANS PRISONER POLICIES
Equality Tasmania has called on the State Government to recommit to its existing policy allowing trans women to be housed in the state’s women’s prisons on a case-by-case basis.
The call comes after a confusing report in the Australian newspaper in which State Attorney-General, Guy Barnett, said "the presence of any male prisoner in a women’s prison would present unacceptable safety risks to female prisoners" leading the newspaper to conclude this means "the state government has banned trans-identifying male prisoners from women's prisons" although it is not clear this has actually occured.
Transgender community advocate, Martine Delaney, said,
“The real threat to women in prison is to trans women being housed in men’s facilities.”
“The sensible solution is for each case to be decided individually, which is precisely what the State Government is doing.”
Tasmanian Government policy has allowed trans women to be accommodated in women’s prisons on a case-by-case basis since at least 2009, and a new policy is being developed to ensure all cases are managed by an expert Gender Oversight Panel to ensure cases like Marjorie Harwood's no longer occur.
Since 2009 there have been no reported incidents of trans women prisoners harassing, abusing or in any way harming other women.
Equality Tasmania spokesperson, Rodney Croome, said,
“We urge the State Government to recommit to its current, inclusive policies and to continue to develop new policies that ensure the safety of all prisoners.”
“The banning of all trans women from women's facilities just because of one prisoner's denied request would be an overreaction that puts the safety of trans women at risk, as highlighted by the case of Marjorie Harwood."
"Prisoner safety requires clear thinking, not culture-war fearmongering, ideological crusading and journalistic sensationalism.”
Mr Barnett's comments to the Australian were in response to the case of an offender convicted of child abuse who identifies as a woman seeking to be housed in the women’s prison but whose requests have been repeatedly denied, which conforms to the existing case-by-case approach.
Despite Mr Barnett's comments, it is not clear the existing case-by-case policy has been changed in any way or that the development of the new Gender Oversight Board policy has ceased.
See below for extracts from current policy and the policy in development.
For a copy of this statement on the web, click here
For more information contact Martine Delaney on 0417 530 621 or Rodney Croome on 0409 010 668.
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Tasmania Prison Service Director’s Standing Order (DSO) 2.15
Transgender, Transsexual and Intersex Prisoners, 2018, page 2
Tasmania Prison Service staff treat transgender, transsexual and intersex prisoners with dignity and respect. Transgender, transsexual and intersex prisoners will be managed as the gender with which they identify. Provided that the safety, security or good order of the prison is not compromised, transgender, transsexual and intersex prisoners have the right to be housed in a correctional facility appropriate to their gender of identification.
https://www.justice.tas.gov.au/__data/assets/pdf_file/0020/562016/2-15-Transgender-Prisoners-DSO_VER-2.pdf
Tasmania Prison Service, Director’s Standing Order (DSO) 2.15
Transgender and / or Gender-Diverse Prisoners, DRAFT, 2025, page 2
Provided that the safety, security or good order of the prison is not compromised, transgender and gender-diverse prisoners have the right to be housed in a correctional facility appropriate to the gender with which they identify. The safety of a TGD prisoner must not be compromised based on their gender or other identity. Oversight of transgender and gender-diverse prisoners, including decisions made regarding housing, will be the responsibility of the Gender Diversity Oversight Panel (the Panel) and will be managed in a collaborative manner with the prisoner.
