NT Anti-Discrimination Commissioner Jeswynn Yogaratnam warns NT Chief Minister against ‘inflaming fear or division’ against transgender prisoners
The NT Chief Minister has been accused of misleading the public on her trans women prison ‘ban’, as the Anti-Discrimination Commissioner warns against ‘inflaming fear or division’ against the vulnerable prisoner population.
The Anti-Discrimination Commissioner has warned the NT Chief to not ‘inflame fear or division’ against transgender Territorians, and flagged moves to ban Sistergirls from the women’s prison could expose the government to “legal liability”.
NT Commissioner Jeswynn Yogaratnam said he had serious concerns about statements made by NT Chief Minister Lia Finocchiaro, who claimed to have banned transgender women from the women's section of NT prisons.
“The comments are alarmist, unsupported by evidence from the NT, and risk inflaming prejudice and hostility toward trans Territorians,” Mr 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.”
On Monday, Ms Finocchiaro claimed she had declared a complete ban on transwomen being placed in women’s prisons, despite this being in direct conflict with the NT Corrections’ internal policies.
Ms Finocchiaro said the “woke transgender prisoner policy” under the previous Labor government meant “self-declaration was enough” to allow a gender diverse prisoner to move to a different section of the prison — despite this not ever being the NT Corrections Policy.
Despite Ms Finocchiaro’s office claiming the “woke” 2021 policy was no longer in effect, the NT News has confirmed the four-year-old Directive was still used for operational purposes.
Under the policy there is scope to place gender diverse prisoners in the wards of their self-identified gender, however it states that was not always operationally possible and other “accommodation special considerations may be required”.
It is understood transwomen in prison can access a cell separated from the general men’s prison population, and are offered similar ‘entitlements’ as all other women in the women’s unit.
Mr Yogaratnam flatly rejected Ms Finocchiaro ‘self-declaration’ claim, stating: “The General Manager does not currently make placement decisions based solely on the prisoner’s self-identification”.
He said the current policy already requires a comprehensive risk assessment, taking into account safety, medical advice, and the prisoner’s lived gender identity when making placement decisions for trans prisoners.
Mr Yogaratnam warned any proposal to deny transgender people access to accommodation suited to their special needs could “amount to unlawful discrimination and a breach of that duty”.
“Failure to consider or reasonably accommodate that need would expose NT Corrections and by extension, the NT Government to potential legal liability,” he said.
In Parliament on Wednesday, the Chief said her purported ban was about “making sure we have women’s safety and dignity in prisons”.
Ms Finocchiaro pointed to interstate allegations of women being assaulted by transgender prisoners, saying “the facts have shown that women have been horrifically victimised in interstate prisons”.
“This is about protecting the dignity and safety of women in prison, it’s just fundamentally basic,” she said.
“Now we have a duty of care, as the state, as the Territory we have a duty of care for people in our prisons...it’s why we have a separate section for women than we do for men.”
There are currently no recorded incidents of violence against female prisoners involving trans women in women’s correctional units in the Territory.
The Northern Territory AIDS and Hepatitis Council, Top End Pride, Justice Not Jails and Anti-Discrimination Commissioner have all highlighted gender diverse prisoners are exposed to some of the highest rates of violence in custody, including increased risk of sexual assault, harassment and self-harm when housed in men’s units.
A LGBTQIA+ sistergirl brotherboy health collective from Mparntwe, Alice Springs, Vital Collective said the Chief Minister’s statements 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.”
Mr Yogaratnam reiterated women’s safety in custody was a legitimate and vital concern, “but it must be addressed through evidence-based correctional policy, not through fear or misinformation”.
“Trans women are not a threat to women’s safety — they are among those most at risk of harm,” he said.
Mr Yogaratnam urged the government to consult with relevant organisations including NT Aids and Hepatitis Council, NT Department of Corrections and the NT Anti-Discrimination Commission before making any policy changes that affect transgender Territorians.
In Parliament on Wednesday, Opposition leader Selena Uibo accused the Chief Minister of misleading the public, saying her statements “once again stomp down on minority groups to get a headline, instead of leading for all Territorians”.
Ms Finocchiaro maintained the policy was changed in October 2024 — despite internal documents stating these were ‘machinery of government’ amendments only and the previous transgender policies were still operational.
When Independent member Justine Davis asked what specific internal policy changes had been made, Ms Finocchiaro said the issue was “not complex”.
“If you are fundamentally equipped as a male you should be in a male prison,” Ms Finocchiaro said.
“This is about having a really clear policy so that corrections are able to implement it.
“I don’t think I could have been clearer on this issue, I think everyone else in this country understands where the Territory stands on this issue.”
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Originally published as NT Anti-Discrimination Commissioner Jeswynn Yogaratnam warns NT Chief Minister against ‘inflaming fear or division’ against transgender prisoners
