NT Corrections policy clashes with Chief Minister Lia Finocchiaro’s “ban” on trans women in prison
The Chief Minister’s “ban” on transwomen from women’s prisons appears to be at odds with the NT Corrections' internal policies, as LGBTQI+ and health advocates warn the comments unfairly target a vulnerable group.
The Territory Chief Minister’s “ban” on trans women being placed in a women’s prison is in contradiction to the Correction Department’s existing policies, internal documents reveal.
On Monday Chief Minister Lia Finocchiaro declared a ban on transwomen being placed in women’s prisons, following allegations a female inmate in South Australia had been sexually assaulted by a violent transgender prisoner.
However the ban on trans people being held in the prison section that aligns with their self-identified gender appears to be at odds with the NT Corrections' internal policies stating decision remained with the prison’s general manager and their primary health care provider.
Ms Finocchiaro told media that her government had developed “really clear guidelines” around the placement of transgender prisoners, meaning “There should be no men in women’s prisons, full stop”.
“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,” she said.
“Labor had a weaker process but we want to make it really clear that if you are a man and you’re fundamentally equipped as a man, if I could put it that way, then you belong in a men’s prison.”
Ms Finocchiaro told the NT News these changes came into effect in October 2024, and stated: “a proper classification process now applies”.
“This has resulted in zero men being placed in women’s prisons, and that will continue under my watch,” she said.
The Chief Minister also claimed that Labor adopted a “woke transgender prisoner policy where self-declaration was enough” — despite this not ever being the NT Corrections Policy.
The NT News has seen the 2021 ‘NT Correctional Services Policy – Management of Transgender, Gender Diverse and Intersex Offenders’, which outlines the policies for the treatment of Brotherboys, Sistergirls, trans, gender diverse and intersex people in prison.
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”.
Ms Finocchiaro‘s office told the NT News the 2021 policy was no longer in effect. Documents seen by this publication show that the October 16 2024 changes were a “machinery of government update”.
The document reveals that policy review date based on 2021 ‘version 4’ directive still applies, while multiple sources confirmed to the NT News that the four-year-old Directive was still used for operational purposes.
In a July statement from the Corrections Department — nine months after Ms Finocchiaro claimed the policy changed — a spokesman said the placement of trans, gender diverse or intersex prisoners was decided by the General Manager in consultation with Primary Health Care.
“As our correctional centres are designed to accommodate only men or women, the placement of trans, gender diverse or intersex prisoners must consider the risks, safety and welfare of the prisoner and of other prisoners,” the spokesman said.
“The directive clearly states that prisoners who are trans, gender diverse or intersex must be treated with the same respect and dignity accorded to any other prisoner and must not be discriminated against or harassed on the grounds of their medical condition, gender identity, intersex status or related issues.”
The Corrections department said the Directive was developed in accordance with the NT Anti-Discrimination Act and the Commonwealth Sex Discrimination Act.
The policy highlighted the risks these Territorians faced while in custody, stating: “Trans, gender diverse and intersex offenders are vulnerable to abuse and mistreatment in a mainstream correctional system and their safety and welfare is paramount”.
Therefore to manage the risks associated with their accommodation the Corrections policy said “special considerations may be required”, including allowing gender diverse prisoners to access a “segregated, single bed or shared accommodation arrangement with another or other transgender and intersex offenders”.
“Where there are no identified concerns and the facility has the capability and capacity to meet the accommodation requirements, the prisoner will be accommodated appropriate to their self-identified gender,” it said.
This means that even when in the men’s unit, transwomen would not be forced to share their cell with cis-male prisoners.
The NT News understands as of Tuesday there were three Sistergirls in the men’s unit in prison.
The Correction policy also stated that a person’s preferred name, gender and pronouns should be used, and for staff to “treat the person with respect and in a non-judgemental manner”.
On Tuesday, Ms Finocchiaro flagged that she was pushing for a review of the current Corrections policies on gender diverse prisoners, and had tasked Corrections Minister Gerard Maley to work with Commissioner Matthew Varley to “ensure the policy is strengthened further”.
‘Misleading and harmful’: Chief’s comments condemned
Politicians, Queer advocates and health organisations have all condemned the NT Chief Minister’s “ban” of transwomen from the women's prisons in the Territory.
On Tuesday the Northern Territory AIDS and Hepatitis Council said it was opposed to any changes to the Correctional Services policies that protect transgender women, Sistergirls, and people who are intersex in custody.
NTAHC said the existing policy was designed to support safe placement decisions, although noted the pressures of overcrowding on appropriate facilities for trans and gender diverse people.
“These groups experience the highest rates of violence in custody, and reducing existing protections would increase that risk,” NTAHC said.
The recent NT announcement was sparked by a letter from the Women’s Forum Australia to the Prime Minister and all State and Territory leaders, following the allegations from the 29-year-old South Australian woman who said she was sexually assaulted by a transwoman while in prison in 2019.
NTAHC said any allegations of sexual assault “should be addressed through established criminal justice processes”, and the focus should be on “preventing sexual violence and maintaining safe environments for all people in custody”.
“NTAHC is committed to working with Government to create environments where no one is at risk of sexual violence or discrimination,” it said.
Top End Pride Chair Becky Tidman said the Chief Minister’s “poorly considered commentary” did “little to create a safer Territory but instead isolated and targeted a vulnerable group”.
Ms Tidman said the detention of transgender people was complex, and required expert forensic risk assessment and safety mitigation plans tailored to individual needs and service capacity.
“Throwing out ill-thought-out comments and tropes about transgender people may generate media attention, but it has no actual impact on community safety or the safety of people in prison,” Ms Tidman said.
Ms Tidman also highlighted that trans women experienced disproportionately high rates of gender-based violence, victimisation, trauma, and abuse.
“Their lives and safety matter just as much as those of cisgender women and men,” she said.
“Making flippant or harmful comments in response to unverified events interstate disregards the safety and wellbeing of transgender people, Sistergirls, and Brotherboys in the Northern Territory, and places lives at risk.”
Independent MLA Justine Davis said Ms Finocchiaro’s claims that were in direct contradiction to the Correction Department’s own policy were just “the latest display of division and hate speech from this Government”.
“Transgender and gender-diverse people who are incarcerated face increased risk of discrimination and violence,” Ms Davis said.
“To suggest that violence in prison is caused by transgender people is misleading and harmful.
“Their safety must be protected, as must the safety of all people who are incarcerated.”
Opposition leader Selena Uibo said the Chief Minister’s comments were “divisive” and aimed to “punch down on minority groups”.
“In the Northern Territory, equality is not negotiable,” Ms Uibo said.
“Banning transgender women from women’s prisons and calling it ‘common sense’ isn’t leadership. Its politics designed to divide.”
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Originally published as NT Corrections policy clashes with Chief Minister Lia Finocchiaro’s “ban” on trans women in prison
