Prison

Gender and Incarceration

NSW’s prisons are gendered, with separate facilities for men and women.

COPP 3.8 uses a framework of “recognised transgender” people and “transgender” people. Those who have updated the gender marker on their birth certificate are “recognised” and must be treated according to identity documents. Those who have not legally affirmed their gender must still be received as their “identified gender,” but may be treated differently. For trans people with a binary or predominantly binary gender, the policy stipulates that you must be managed and supported as the “gender with which [you] identify at the time of incarceration,”
even when you have been incarcerated previously with a different name or gender.

Names and Respect

All trans inmates are to be addressed by their chosen name and identified gender, regardless of any ID documents, or their corrective services file.

The policy states:

“Transgender … inmates are to be addressed by their chosen name and according to their identified gender. Male-to-female transgender inmates are not to be called by their male given names (regardless of what is recorded on their warrant file) or referred to as ‘he’; they are to be called by their female names and referred to as ‘she’. A similar principle applies for female-to-male transgender inmates.

All accommodation records are to be amended to reflect the inmate’s identified gender.“

Accommodation & Placement

Prisons within Australia are segregated by gender. Where a trans person is placed when incarcerated depends on a couple of factors.

Trans women and trans men who are considered “recognised” (i.e. have updated the gender marker on their birth certificate) will automatically be placed into facilities matching their documents.

If a trans person does not have their identity documents with them, they will be sent to the Metropolitan Remand and Reception Centre (MRRC) for assessment and determination of placement. You are able to request for your identity documents to be sent to you if this occurs.

For anyone with an ‘X’ marker on their identity documents (including legally-affirmed non-binary people and those with intersex variations) or trans people who have not changed their gender marker, where you are placed will be on a case-by-case basis. This may look like:

1. Being placed in the facility that matches your identity documents (for those with M or F markers only).
2. Being housed individually.
3. Being housed within a specialised unit for trans women in a male correctional centre.
4. Or occasionally, housing trans men in women’s correctional centres for reasons of safety.

The policy states:

“An intersex person or a person who self-identifies as transgender has the right to be housed in a correctional facility of their gender of identification unless it is determined through classification and placement that the person should more appropriately be placed in a correctional centre of their biological sex. The decision for this placement will be based on:

· the nature of their current offence and criminal history (for example, crimes of violence and/or sexual assault against women or children)
· custodial history (for example, previous behaviour in custody which impacted on the safety of other persons or the security of the correctional centre)
· perceived risk(s) to the continuing safety of the transgender inmate and/or other inmates.”

Clothing

The policy also states:

“Transgender … inmates have the right to dress at all times in clothing appropriate to their gender of identification, including those inmates housed in correctional centres of [the gender they were presumed at birth]. Clothing and underwear appropriate to their identified gender is to be provided to transgender and intersex inmates.”

There are specific additional guidelines for searches and drug testing, reception and induction, and rehabilitation in the Policy.

Justice Action write that while segregation from cis prisoners may be in the best interest of the safety of trans inmates, “the line between prisoner safety and transphobic discrimination is easily blurred by the prison authorities, and prison officials can sometimes conceal their discriminatory behaviour, remaining unaccountable for their actions, by claiming that they are acting to protect transgender prisoners.”

The NSW Trans and Gender Diverse Criminal Justice System Advisory Council have also released a Briefing Paper on Protecting the Human Rights of Trans People in NSW Prisons available here.

“An inmate who does not identify as either male or female is to be addressed by their chosen name and clarification sought from the inmate on what pronoun to use. This should be recorded as a case note in Offender Integrated Management System (OIMS).”

In relation to clothing, the policy also states “an inmate who does not identify as either male or female is to be provided with their preference in relation to clothing to be issued and purchase of personal care items, cosmetics, clothing and underwear.“

Hormones and Surgery

Trans prisoners are able to access gender affirming hormone therapy while incarcerated. How inmates can access hormone therapy depends on whether or not you have a previous prescription.

For those who have been previously prescribed hormone therapy, your existing hormone therapy must be continued and appropriately managed.

For inmates seeking to initiate gender affirming hormone therapy, a treatment plan will be developed by a team of Justice Health & Forensic Mental Health Network (JH&FMHN) staff, Correctional Services NSW (CSNSW) psychologists, and either a case management officer or a staff member from Offender Services & Programs.

The policy also states that “transgender inmates may make an application to have elective gender surgery, hormone therapy or other therapies of choice, specific to their needs at their own expense.”

Discrimination and Complaints

If you or someone you know has experienced discrimination or violence in a correctional facility, you are able to lodge a complaint.

The NSW Ombudsman receive complaints from inmates and offenders. They recommend speaking to the prison first about the issue, however if you don’t feel safe contacting the prison first, you can go straight to the ombudsman.

The NSW Ombudsman can hear complaints about government correctional centres, private correctional centres and health services in prison.

Inmates can also speak to the Official Visitor, who is available at a facility once a fortnight, and can help inmates with lodging complaints to agencies such as the Ombudsman.

If you are submitting a complaint internally at the facility the person is housed at, ask facility staff for a complaint form. If you are submitting to the NSW Ombudsman, they can be written to.

Address the envelope to:

Level 24, 580 George Street Sydney NSW 2000.

Put your letter into the envelope and seal it closed. Corrective Services will pay for the postage. People who work at the prison are not allowed to open the envelope or read any letters you send us. They also are not allowed to read any letter we send back to you.

You can find out more about the complaints process on the Ombudsman’s website.

Support Services and Tools

The Gender Center provide outreach support for people who are or have recently been incarcerated. You can find out more on their website.

Further assistance is also available through Inner City Legal Centre who offer a state-wide free legal service for trans and gender diverse people.

The Women’s Justice Network is an organisation that supports the wellbeing of women (cis and trans) affected by the criminal justice system. You can make a referral to request their support and services here.

They also provide “mentors”, who are volunteers who are non-judgemental, can listen, and provide support that is guided by your own goals and interests. They can provide regular contact, help provide skills to stay out of prison, and help advocate for and support you.

The resource below provides some more information about this relationship, and how to apply for a mentor. Visit the Women’s Justice Network site if you are interested in becoming a mentor, here.

State Department Responsible: Corrective Services NSW
Policy for Trans Inmates: https://correctiveservices.dcj.nsw.gov.au/documents/copp/03-management-of-specific-inmates/03.08-transgender-and-intersex-inmates.pdf
Name of Computer Database: Offender Integrated Management System (OIMS)
State Anti-Discrimination Legislation: Anti-Discrimination Act 1977 (NSW)

Gender and Incarceration

Under the Equal Opportunity Act 2010 (Vic), it is unlawful to discrimination against a person on the basis of their gender identity. Victoria has also enacted a Charter of Human Rights and Responsibilities Act 2006, which protects against discrimination on the basis of gender identity.

Prisons in Victoria must follow the “Commissioner’s Requirements” – high level policies about how prisons are to be run.

Justice health are the government body responsible for delivering healthcare services to anyone detained or incarcerated within the Victorian Justice system. They operate under the guidelines of the Healthcare Services Quality Framework for Victorian Prisons 2023. This forms the rules of what medical care should be received and how, by people in incarceration. Transgender people are identified and covered in their policies for provision of health care.

Facilities

Victoria prisons are binary gendered with separate facilities for men and women. The ‘Guiding Principle’ of the CR states, that a person should be put in a facility that matches their gender rather than their sex assigned at birth and that their preference on facility must be considered before sentencing.

Unfortunately, in practice, most of the time, a person will be sent to a facility that matches their documentation e.g. gender shown on birth certificate. Being sent to a gender affirming facility depends on the Sentence Management Division (SMD) being made aware of a person’s trans or gender diverse identity before that person is received into custody. Some facilities may have solitary units for trans people to use solo toilets and showers if that is considered the safest option.

If a trans person is not comfortable with the facility chosen for them, they can seek a review through the Commissioner, Corrections Victoria or Commissioner’s Delegate.

Non-binary People and Incarceration

In Victoria a person can only be placed in either a men’s or a women’s facility regardless of non-binary identity. This may be done before any advice on which facility the person prefers to go to is acknowledged. If a person is known to be non-binary, for the first days until a decision has been made on where they will serve their sentence (must be done within 3 days of arrival), the person will usually be placed in a private cell with escorts for use to toilets and showers. The decision on where they go is made by the Sentencing Management Division (SMD) after a reception assessment and medical screening. Their preference on which facility they are placed in must be taken into account.

It is encouraged that the non-binary persons’ own treatment team are consulted (GP, psychologist etc.), that the SMD consultant with trans and non-binary people with lived experience of incarceration.

As with any trans person, a non-binary person can request a review of their placement if they are not comfortable with the facility that they have been placed in.

Because external clothing is issued based on the facility a person is placed in, a non-binary person cannot choose which outer clothes they wear. However, they can choose which underwear and personal cosmetics and toiletries they wear and buy from the prisoner store.

There are guidelines in place that explicitly say non-binary and gender diverse people’s chosen names and pronouns are respected by corrections staff, and Corrections Victoria do participate in Trans awareness training, so we hope that this is carried out in reality.

The policy states:

“A person who identifies as gender diverse or non-binary should be referred to by their name and by the pronouns that they use (which might be ‘they’ or some other term, or they might prefer no pronoun). A record of their preference, and any decision made by the General Manager to limit the use of such a name, should be entered into their IMF as soon a practically possible.” (6.11.2 Commissioners Requirement 2.4.1)

Clothing

The policy also states:

“Transgender … inmates have the right to dress at all times in clothing appropriate to their gender of identification, including those inmates housed in correctional centres of [the gender they were presumed at birth]. Clothing and underwear appropriate to their identified gender is to be provided to transgender and intersex inmates.”

There are specific additional guidelines for searches and drug testing, reception and induction, and rehabilitation in the Policy.

Justice Action write that while segregation from cis prisoners may be in the best interest of the safety of trans inmates, “the line between prisoner safety and transphobic discrimination is easily blurred by the prison authorities, and prison officials can sometimes conceal their discriminatory behaviour, remaining unaccountable for their actions, by claiming that they are acting to protect transgender prisoners.”

The NSW Trans and Gender Diverse Criminal Justice System Advisory Council have also released a Briefing Paper on Protecting the Human Rights of Trans People in NSW Prisons available here.

Privacy

It is not required that the Sentencing Board or anyone who looks after the management of a trans person’s incarceration, discloses that the person is trans to their accommodation unit or others within the system. This is intended to protect trans people who have all their documentation in alignment with their gender and, ensure they are processed into a facility which aligns with their gender and allow them to go ‘stealth’ if they want to.

However, to access gender affirming medical care (e.g. HRT, even if it has already been prescribed before incarceration) while in a facility, it may be necessary to be identified as trans to Justice Health.

This lack of a requirement to disclose could also allow people to intentionally act against policy and not notify the Sentencing Board of a trans person’s identity before processing, meaning they go a facility which does not align with their gender and feels unsafe.

Name

Under most circumstances, Corrections staff are expected to use a person’s chosen name, even if their name is not reflected on their government documentation. There are a few exceptions to this, which can include safety of the person or other inmates.

If identity documents do not reflect a trans person’s name, (i.e. their legal name is written on their warrant), the first time they present to a facility they will be identified with legal name. Then every time afterwards, they will be known as their [chosen] name with their correct pronouns. Their file for the current incarceration period will be noted with their [chosen] name, and their identity card will also reflect their [chosen] name.

All decisions made for an incarcerated trans person should be noted in their Individual Management File. This includes name, pronouns, chosen underwear items, prosthetic use, if a wig has been granted, strip search information etc. This information must follow them if they change facility and must be maintained by their new facility, so hopefully they don’t need to constantly explain their situation if they move around.

Gender Affirmation in Prison

It is worth noting that in Victoria, if a trans person wishes to update their name and/or gender marker on their birth certificate while in a corrections facility, they must first apply to Secretary of the Department of Justice and Community Safety and include a letter granting permission with their application to Birth’s Deaths and Marriages Victoria.

Strip Searches

Any kind of strip search or urine testing (called urinalysis) procedures should be carried out by an officer of the gender that the trans or non-binary person chooses. This can be a gender different to the incarcerated person, e.g. a trans man, may choose a woman to be the person to carry out strip searches for them.

Hormones and Surgery

Despite there being frameworks in place to direct medical care for trans people who are incarcerated, many often still struggle to get access to what they need. The system still has a lot to learn and implement.

Justice Health are the provider of all healthcare in the VIC corrections system. In their framework, any healthcare regarding women specific healthcare identifies that this encompasses both cisgender and transgender women.

Trans people can access gender affirming hormone replacement therapy (HRT) whilst incarcerated. If you already have a prescription in place, this can be maintained through Justice Health as repeat prescriptions. If you are looking to access to HRT for the first time, you can request an Integrated Care Plan (ICP) to get an ongoing prescription. Justice Health are advised to consult with community healthcare providers as a secondary consult whenever assisting a trans person with accessing medical affirmation or any trans specific healthcare. This should allow experienced medical practitioners to consult on the appropriate care for the individual person.

If a trans person is seeking gender affirming surgery, Justice Health can facilitate access to specialists and surgical consultation. However, as gender affirming surgery is not covered by Medicare, this is at the own cost of the trans person, which whilst incarcerated could be prohibitive.

Discrimination and Complaints

If a trans person experiences any discrimination or violence in a correctional facility, they can lodge a complaint. It is encouraged that complaints are first raised with the prison’s management or Corrections Victoria. However, if the person is not happy with the way the complaint was handled, a complaint can be made to the Victorian Ombudsman.

If you are submitting a complaint internally at the facility the person is housed at, ask facility staff for a complaint form. If you are submitting to Corrections Victoria or the Victorian Ombudsmen they can be written to, phoned or emailed/online form submitted.

Corrections Victoria
Postal address: GPO Box 123 Melbourne VIC 3001
Phone: 1300 191 835 Email: co*********@*************ov.au

Victorian Ombudsman
Phone: enter prisoner ID then PIN *05 9am-5pm weekdays. Calls are not monitored recorded and limited to 12 minutes.
Postal address: Level 2, 570 Bourke Street MELBOURNE VIC 3000. Letters to and from the Victorian Ombudsman are considered exempt mail and are treated confidentially.
Online: ombudsman.vic.gov.au/complaints

If a person has a complaint about their healthcare, then they can request a form from their health service or accommodation unit. Once the form is completed it is encouraged that they try to resolve the issue internally first. If this does not result in a satisfactory resolution, they can then raise the complaint to the Office of the Health Services Commissioner. The Office of the Health Service Commissioner is an independent body that helps resolve healthcare complaints for all health services in VIC.
Phone: (enter prisoner ID then PIN *06)
Mental Health Complaints Commissioner – Phone: 1800 246 054

Support Services and Tools

Beyond Bricks and Bars: Trans and Gender Diverse Decarceration Project are a VIC based community project that provide direct support to trans people who are in prison, at risk of being incarcerated and those returning to their community. They offer peer social support and counselling focusing on connection to community, assisting with self-advocacy and assisting in post-release support plans.

Incarcerated Trans & Gender Diverse Community Fund is a national community led fund that provides financial and material support to trans people who are incarcerated or those who are post-release.

Assistance can be for purchasing items for gender affirming care whilst incarcerated e.g. underwear, cosmetics and toiletries, phone credit, books and resources, medical expenses not covered by the state. Or post-release for assistance with bond payment, emergency accommodation, groceries, clothing, medical care, transport and more. A request for financial aid can be made via a google form (this form can be completed on behalf of a person currently incarcerated).

Q+Law offer a state-wide free entry point to accessing legal assistance for trans and gender diverse people in Victoria. Phone: (03) 9968 1002.

State Department Responsible: Corrections Victoria

Policy for Trans Inmates: Commissioners Requirement 2.4.1 is entitled “Management of prisoners who are Trans, Gender Diverse or Intersex”.

Name of Computer Database: Prisoner Information Management System (PIMS) & Individual Management File (IMF)

State Anti-Discrimination Legislation: Equal Opportunity Act 2010 (Vic), Charter of Human Rights and Responsibilities Act 2006 (Vic)

Self-Identification

Detainee’s gender is determined by the gender indicated on their court papers or other documents authorising imprisonment.

Prison officers must ask a trans detainee for their preferred name, pronouns and self-identified gender, and must note these in the database (Total Offender Management Solution (TOMS)).

Accommodation and Placement

Initially, all detainees are placed into accommodation which matches their legal documentation. Trans detainees will be offered a single cell and the ability to access a separate shower and toilet facility.

If a detainee identifies as trans or gender diverse, they must be asked whether they prefer to be placed in a women’s or men’s prison, and this response must be documented – however this doesn’t change where they are placed.

The detainee must be told of their ability to make an application to be assessed for placement in a different facility than what is on their legal documents.

This application is done in two stages. First, the trans detainee is assessed by the Assistant Commissioner in consultation with a multi-disciplinary team including a doctor, psychologist, and security manager, about suitability of placement, and secondly, it is determined whether there is a suitable prison to accommodate the detainee.

If the placement request is denied, the detainee can request a review of the decision in writing to the Deputy Commissioner within 21 days of the decision.

Searches

Trans detainees will be asked their preferred gender of the prison officer who is to conduct their search, and this response must be recorded in TOMS. Detainees can also request officers of different genders to complete top/bottom searches.

Clothing

Trans and gender diverse detainees shall be provided with decent and appropriate clothing including underwear appropriate to that person’s self-identified gender.

State Department Responsible: Corrective Services, WA Department of Justice

Policy for Trans Inmates: COPP 4.6 Trans, Gender Diverse and Intersex Prisoners

Name of Computer Database: Total Offender Management Solution (TOMS)

State Anti-Discrimination Legislation: Equal Opportunity Act 1984 (WA)

Gender and Incarceration

“Northern Territory Correctional Services is committed to having an inclusive culture, valuing differences and ensuring equitable treatment for all people within its care and supervision… NTCS recognises the importance of managing and engaging transgender and intersex individuals in a non-discriminatory, secure and safe manner.” Management of Transgender, Gender Diverse and Intersex Offenders Policy (2021)

The policy states that, in addition to the information provided below, that NTCS employees will receive training, information, and awareness on sexual and gender diversity to comply with the policy. Also, “the general prison population will be offered information and awareness on sexual and gender diversity”.

Accommodation

NT prisons are currently all sex-segregated, with separate accommodation facilities for men and women. This means that the NTCS will need to decide which gendered facility trans and gender diverse people will be housed in when they are incarcerated.

The policy states that trans people should be accommodated according to their gender identity, unless there are overriding safety or security concerns. This was only recently changed as prior to 2021, the prisoner was to be assigned to a facility that matched their assigned sex at birth.[i] These concerns will be assessed by the General Manager of the facility, the Primary Health Care Provider, and the incarcerated person. This means that trans people can be housed with their affirmed gender unless there are reasons not to. This decision is made on a case-by-case basis. A person’s preference of where they want to be housed, in the men’s or women’s housing, is considered when making the decision.

Each incarcerated person will go through the intake process when they first arrive at the correctional facility. This is when the staff will check your name, pronouns, and gender against what they have in their recorded system. If your name, pronouns, and gender are different than what they have recorded this is when you can tell them you are trans or gender diverse. The policy states, “Where an offender self-identifies, or presents with a gender identity that is different from their warrant or order, or self-identifies a transgender identity or intersex variation, NTCS employees will treat the person with respect and in a non-judgemental manner.”

It also states that trans and gender diverse people who are incarcerated should be, “treated with respect and dignity” and, “not be discriminated or harassed”.

The policy does not explain what will be taken into account when deciding where a trans person will be housed in prison, only that they need to, “manage risks”. We can guess though, that the

risk of violence or sexual assault is a major concern, as trans people are 13 times more likely to be assaulted in prison1, and the policy does state that, “the offender’s safety is paramount”. The policy also refers to the ‘good order’ of the prison, meaning keeping things running smoothly, so we can assume that the reactions and behaviour of other people in the prison is a factor as well. Mental health will also be considered as a risk, as poor mental health can lead to someone being unsafe. Cultural factors can also play a role in this decision.

There is no single or segregated accommodation available in the NT. The policy states that, “to manage risks associated with accommodation, special considerations may be required. Some of these considerations include, wherever possible, the separation of transgender, gender diverse and intersex offenders from other offenders and the provision of single accommodation with toilet and shower access… offenders should be given the opportunity to express a preference for a segregated, single bed or shared accommodation arrangement with another/other transgender and intersex offenders”. There are no publicly available plans to build such a facility.

Justice Action write that while segregation from cis prisoners may be in the best interest of the safety of trans inmates, “the line between prisoner safety and transphobic discrimination is easily blurred by the prison authorities, and prison officials can sometimes conceal their discriminatory behaviour, remaining unaccountable for their actions, by claiming that they are acting to protect transgender prisoners.”

Pronouns

All NTCS staff should use the name, gender, and pronouns that are stated by the incarcerated person at intake. The policy states that, “Offenders will be referred to by their preferred name, pronoun and gender identity (unless there is a lawful reason not to).”

If someone decides to change their name, pronouns, or gender whilst they are incarcerated, they should be able to do so, though the policy does not specifically state this.

Which prison someone resides in does not change the fact that people should refer to them with the correct gender and pronouns.

Clothing

The policy states that underwear aligning with a person’s gender should be provided when requested. People will otherwise need to abide by the dress code of the section of the prison where they are housed.

You can request makeup or a wig if you are incarcerated. “The general manager will consider requests for variations, such as the wearing of make-up and/or wigs”

The policy does not mention sanitary items or sanitary disposal, so it is not known if these items can be provided in the men’s prison.

Accessing Gender Affirming Care

People can receive medical affirmation like hormones whilst incarcerated, but there are significant barriers to access, despite the NT policy stating that, “offenders may request access to gender-affirming treatment, including but not limited to hormone therapy, mental health services and surgery.”

People’s Mental and Physical health needs are noted in the policy, stating that NTCS employees must, “ensure the management of transgender, gender diverse and intersex offenders is assessed on an individual basis, through the Primary Health Care Provider and General manager in a custodial environment…” and that people, “are encouraged and supported to access appropriate medical support”.

The policy states people, “wanting to commence gender-affirming treatment… the Primary Health Care Provider and the General Manager will work with offenders to determine an appropriate way to proceed”.

Generally, the easiest way to access hormones whilst incarcerated is to already have a valid prescription. If someone is already on HRT through a Dr or clinic NTCS should allow them to continue accessing hormones whilst incarcerated, but they will need to pay for anything not covered by the prison health system. This is a barrier for many people, as it requires them to have family or friends outside prison sending them money to spend on their hormones or other affirming medical care. Access could also be infrequent or inconsistent due to bureaucratic inefficiencies in the NTCS system.

Access to gender affirming surgeries is potentially available but will require an involved conversation with the General Manager and Primary Health Care Provider, as well as other NTCS staff. The policy states, “Approval of Gender-affirming surgery is subject to a comprehensive assessment by an appropriately qualified medical practitioner and a determination that the treatment is an essential medical necessity. The prisoner’s individual program, length of sentence, the good order of the institution and resource availability will inform the decision-making process”. People will also need to pay for the entire cost of the procedure. The policy does not specifically reference additional costs such as police escorted travel, interstate prison travel, and personal care in recovery that are associated with affirming surgery, but it is assumed these costs would need to be paid for by the patient as well.

Non-binary People and Incarceration

Non-Binary people can record their non-binary identity when they first get to prison at their intake. There is currently no non-gendered housing available despite the policy stating, “special considerations may be required. Some of these considerations include, wherever possible, the separation of transgender, gender diverse and intersex offenders from other offenders and the provision of single accommodation with toilet and shower access. Transgender, gender diverse and intersex offenders should be given the opportunity to express a preference for a segregated single bed, or shared accommodation arrangement with another/other transgender or intersex offenders”

Even though non-binary people will need to be housed in either male or female accommodation, their correct pronouns should still be used. Non-binary people, like all trans and gender diverse people, should be involved in deciding where they will be housed whilst they are incarcerated.

Non-binary people may request a male or female officer when providing a urine sample.

Non-binary people have the same access to affirming undergarments, hormones, and other medical care other trans people, which is detailed above.

The gender markers the NTCS internal system accepts are:

• Female
• Male
• Non-binary; and
• Unspecified

Discrimination and Complaints

If you or someone you know has experienced discrimination or violence in a correctional facility, you are able to lodge a complaint.

According to the Policy, if a decision is made to do with gender affirming care or housing, people who are incarcerated, “are to be informed of their rights in relation to making a complaint about the assessment without fear of segregation or penalty.” this means they can lodge a complaint to NTCS or about NTCS. It also states that, “the privacy of offenders will be protected, with due regard given to confidentiality and information disclosure on a need-to-know basis.”

The NT policy states, “a complaint resolution process is available to all offenders” and that, “documented explanation for the chosen course of action for each transgender or intersex prisoner must accompany decision-making”

Complaints can be made to their section or block officer, or they can submit a superintendent’s parade request form to speak to the superintendent’s delegate. If this doesn’t resolve the issue, a complaint can be made to the Ombudsman, or in the case of discrimination to the NT Anti-Discrimination Commission or the Human Rights commission.

You can find out more about the complaints process on the Ombudsman’s website.

People in prison can also speak to their Prison Support Officer or Aboriginal Liaison officer.

Every month, the Official Visitor visits each prison and you can speak to them about serious complaints.

People in prison can also speak to a lawyer of legal representative for free to get advice.

Requesting a Transfer

• sentence is transferred to the receiving state or territory
• new state or territory is:
  – financially responsible for the prisoner
  – responsible for the prisoner’s welfare
• prisoner’s eligibility for parole stays the same. More information or on requestion a transfer is available through the NT Government website.

Support Services and Tools

NTAHC can provide LGBTQI+ peer advocacy, support, case management, and service referral for people in prison across the NT and can visit prisons in Darwin and Alice Springs.

IRL Prison Solidarity Network write letters to people in prison around the country to connect with community. Information on how to sign someone up to receive letters is on their website.
Trans and Gender Diverse people in prison anywhere in Australia can Receive Financial and Material Aid from the Incarcerated Trans and Gender Diverse Community Fund year round.

Inside Out is a grassroots network of LGBTIQA+ people both inside and outside prisons across Australia. People inside prison can sign up to receive a free printed community newsletter every three months. Mission Australia run a  Pre and Post Release Support Program in the NT. This service is not specifically for trans and gender diverse people.

Gender and Incarceration

Prisons in South Australia are gendered and designated as women’s or men’s facilities.

Classification of prisoners is based on self-identification, however specific gender information is not taken at intake.

Corrections staff must use a prisoner’s correct name and pronouns, unless there is a “lawful reason not to do so”.

Placement and Accommodation

South Australia is the only State or Territory with a limited policy on placement of trans and gender diverse inmates.

Placement decisions are made on a case-by-case basis, with consideration of “appropriate facility”.

There is no specific mention of private showers or toilets, except that there must be an “appropriate level of privacy”.

The policy, as cited in a 2022 journal article, states:

“It will be unlawful discrimination if a transgender prisoner is accommodated less favourably than non-transgender prisoners just because of the gender they identify […] The ideal approach is to accommodate a transgender woman with women prisoners and a transgender man with male prisoners.”

“Placement decisions are made after assessment of rehabilitative requirements, health matters, security rating, safety, education/vocational needs, employment, and prisoner behaviour. Placement is continually monitored and reviewed in accordance with a prisoner’s assessed needs and risks.”

Non-binary People and Incarceration

There are currently no specific processes or procedures regarding non-binary prisoners in South Australia.

Hormones and Surgery

Policy 35 provides limited information on healthcare access for trans prisoners. Hormone access is considered on a case-by-case basis and can be requested, with referrals made to South Australia Prison Health Services.^[ix]

Regarding surgery, Policy 35 states: “[P]rison is not the ideal environment to embark upon sexual transition.”
Surgical access is only considered upon proof of “essential medical” need.

In the 2018 Krista Richards case, she was denied continuation of hormone therapy.

Clothing

Policy 35 states inmates will be given clothing according to the facility they are housed in.

“Appropriate underwear” may be requested and must be worn with discretion.

Cosmetics are not available to trans or non-binary inmates in male facilities.

Discrimination and Complaints

• Letter to the general manager of the prison
• Write/call to Ombudsman SA: How to make a complaint | Ombudsman SA
• Write/call Office for Public Integrity: Making a Complaint or Report | Office for Public Integrity
• Contact prisoner complaints & advice line: Offender-Complaint-Advice-Line-OCAL-Brochure.pdf 
• For more information: Department for Correctional Services – Complaints process  

Gender and Incarceration

QLD prisons are gendered, with separate facilities for men and women.

Classification of a trans inmate is based on self-identification, “to the extent possible” (Section 6, COPD).

“A prisoner who self identifies as transgender or gender diverse will be accepted as such and treated as their acquired gender, to the extent practicable. A transgender or gender diverse prisoner is to be referred to by their preferred name and the pronoun consistent with their acquired gender. This should occur in all communications with the prisoner, including verbal, written and communication with third parties.” (Section 6, COPD)

Placement and Accommodation

Until a trans or gender diverse prisoner has completed induction screening, they must be placed in a single cell, and not transported with others in the same vehicle compartment. (Section 7, COPD)

Within seven days of reception, an initial case conference must occur with a multidisciplinary team, including the prisoner. (Section 9.1, COPD)

Trans prisoners may be placed in men’s or women’s facilities depending on circumstances, with consideration of medical opinions, hormone or surgery history, and time since transition.

They “should be provided access to shower and toilet facilities that provide for privacy and dignity.” (Section 7, COPD)

Clothing and Property

The Chief Superintendent has discretion to provide a trans inmate with clothing or underwear consistent with their identified gender, or otherwise considered appropriate. (Section 12, COPD)

They may also allow purchase of items reflecting gender identity, such as hair dye, hair removal cream, or shaving equipment. (Section 12, COPD)

Healthcare and Hormone Treatment

The COPD contains no detailed provisions for healthcare of trans inmates.
A 2023 journal article noted:

“Queensland’s TP-COPD does not cover provisions for transition-related healthcare access. However, the AHRC report found that requests for hormone regime or gender-affirmation surgery access will be considered if treatment began prior to incarceration, with discretion afforded to senior directors to refuse. There is a ‘blanket refusal’ for those who had not commenced treatment before imprisonment.” (2015, p. 70)

Non-binary People and Incarceration

The COPD does not provide separate guidance for non-binary prisoners, but includes them under the umbrella of “transgender and gender diverse people.”

“It is acknowledged terminology is important and that not all people like to be defined by the same terms. For the purpose of this COPD, ‘transgender and gender diverse people’ is used as a term to be inclusive of intersex and non-binary individuals.”

Discrimination and Complaints

You must first go through the internal prison complaint processes if you wish to complain that corrective services management has discriminated against you.

1. Make your complaint in writing to the General Manager of the prison where you are being held. The complaint will be investigated and resolved within 4 months and a written response provided to you.

2. If you’re unhappy with the response or you didn’t receive one, make a complaint in writing to the Official Visitor coordinator. Once the Official Visitor advises in writing that they’ve finished dealing with your complaint (or if you don’t get a response) you can then take the matter to the Queensland Human Rights Commission.

You can get more information about the complaints process from prison staff.

You can complain about health services in Queensland, and any aspect of your healthcare to the Office of the Health Ombudsman.

Support services and tools

Caxton Legal Centre – Legal advice & social work (07) 3214 6333
Sisters Inside – Support for cis and trans women incarcerated in QLD

Tasmanian Prison Service

Prisons in Tasmania are run by the Tasmania Prison Service, which is a branch of the Tasmanian Department of Justice.

In Tasmania, prisons and correctional facilities must follow the Tasmania Prison Service (TPS) Director’s Standing Order: Transgender, Transsexual and Intersex Prisoners (DSO). These orders have been created by the Director of Corrective Services under the Corrections Act 1997 (Tas). The DSO details how corrective services are to manage incarcerated trans people in a safe, non-discriminatory, and secure way. Its desired outcomes are that:

• Tasmania Prison Service staff treat all transgender prisoners with dignity and respect.
• Transgender prisoners will be managed as the gender with which they identify.
• Transgender prisoners have the right to be housed in a correctional facility appropriate to their gender of identification.
• Transgender prisoners are managed in a manner that prioritises their safety in the prison environment.
• Transgender prisoners will have access to services and programs provided by the TPS; and
• Transgender prisoners will have access to services provided by Correctional Primary Health Services (CPHS).

The DSO further states that:

TPS staff and other prisoners who come into contact with transgender prisoners must be encouraged to treat transgender prisoners with dignity and respect, in accordance with Director’s Standing Order 2.20 (Preventing Bullying (Prisoners/Detainees) and the TPS Inmate Anti-Bullying Strategy; and

The DSO also states that TPS staff are encouraged to develop an understanding of the needs of LGBTI prisoners to assist in managing these prisoners in a manner responsive to their needs.

Self-Identification

Under the Mandatory Policy within the DSO, detainees in Tasmanian Prisons are managed as the gender they identify.

Staff must address the detainee by their [chosen] name and gender, irrespective of what documents states.

If the detainee’s [chosen] name differs from their legal name, an alias must be recorded in the database (Custodial Information System).

“TPS staff must address transgender prisoners with the name they wish to be addressed by and according to their gender identity (using the appropriate pronoun – he/she). This is irrespective of the name or gender shown on any legal documentation.”

The detainee’s identified sex must be recorded in the Tasmania Prisons database (Custodial Information System) and the person must have a ‘Gender Alert’ placed on their file along with a case note identifying the detainee as transgender.

Accommodation Placement

Tasmanian prisons are gendered, with separate facilities for men and women. For trans people in prison, there is an explicit self-identification policy. This means self-identification is the only criterion for recognition as a trans person within the TPS. However, placement in the centre in which the person identifies is only if the “safety, security or good order of the prison is not compromised.”

According to the TPS where trans inmates reside depends on the person in question, their safety and what facilities are available. During intake and assessment, an attempt to find the best possible facility will be undertaken.

Mandatory policy in the DSO states that:

• Transgender prisoners have the right to be housed in a correctional facility appropriate to their gender of identification.
• Transgender prisoners are managed in a manner that prioritises their safety in the prison environment.

This may look like being housed individually, inside of a specialised unit for trans women in a female correctional centre, or in some cases, housing trans men in women’s correctional centres for reasons of safety.

Initial Placement

CPHS and therapeutic staff are responsible for assessing the individual needs of trans prisoners, and must be involved in decisions relating to their initial and ongoing placement within the prison system.

Initial placement of transgender detainees must be viewed as a matter of urgency according to the DSO, and must be identified as high risk by Correctional Officers at the reception prison.

Under the DSO, initially, a transgender detainee must be:

• accommodated in a single cell and in a way that ensures appropriate management of any risks posed in relation to the prisoner, including risk of harm to the prisoner (including self-harm);
• given access to separate toilet and shower facilities; and
• transported in accordance with the protection transport category during escorts (in accordance with Director’s Standing Order 1.20 (External Escorts))

Ongoing Placement

For ongoing placement, the placement of trans prisoners is also determined by the DSO (Classification and Placement), with particular attention being given to:

• whether the prisoner has self-identified through the initial assessment process and the length of time they have spent living as their identified gender;
• the prisoner’s preference for accommodation in a male or female facility;
• the safe and secure custody of the transgender prisoner and other prisoners at the facility; and
• the views of CPHS and Therapeutic Services staff, and of any other relevant practitioners (i.e. a treating medical practitioner in the community). [xii]

What this means, is that where possible, prisoners must be accommodated in a facility of their gender of identification. For example, trans prisoners who identify as female will normally be accommodated within the Mary Hutchinson Women’s Prison unless there are overriding security, safety or other reasons to accommodate them elsewhere.

If a transgender detainee does not agree with the decision for their ingoing placement, they can seek a review of the decision to be conducted by the Chief Superintendent.

Clothing

According to the DSO, trans inmates must be issued with clothing appropriate to the facility in which they are placed and have access to underwear appropriate to their gender identity. They must also be able to purchase the same personal care and cosmetic items through their facility’s canteen as those in their facility. The policy is unclear as to whether, for example, transgender women housed in a male prison would be able to access buy-ups available at the women’s prison. Transgender detainees are to wear their own suitable clothing of choice when appearing in court.

Confidentiality

TPS staff must manage trans prisoner information in accordance with the Personal Information Protection Act 2004 and section 8 of the Corrections Act 1997. This means that, except to the extent necessary to perform their position duties, TPS staff must not disclose trans prisoner information (including information relating to their gender identity).

Identification

Under the ACTCS policy, transgender detainees must be managed according to the current self-identified gender, regardless of if the person has legally changed their sex marker, or received gender affirming medical care.

Staff must confirm the persons gender identity on admission and prior to any searches being conducted.

The detainees identified sex or gender must be recorded accurately on the database, along with their preferred name and pronouns.

Placement and Accommodation

The AMC is split into gendered spaces for men and women. As far as possible, during the induction period when a transgender detainee arrives at AMC, they must be housed in a single cell (or double-cell with another transgender or intersex detainee also being inducted) in a unit according to their self-identified gender.

After induction, the policy states that:

“[t]ransgender detainees […] have the right to be housed in an accommodation area of their identified gender, unless it is determined through risk assessments that the detainee should not be placed there.”

Searches

Transgender detainees have the right to choose the gender of the staff conducting strip searches and urinalysis (urine testing). The Policy states that in some circumstances, “it may be necessary to have a male and female staff member conduct different parts of a body search”.

Facilities

The AMC is an open campus design, accommodation which includes cellblocks, domestic style cottages, a crisis support unit, management unit, and transitional release centre. The campus is split into gendered spaces for men and women separately.

Upon entering custody at AMC, a person can disclose that they are trans to a staff member and should be given the choice on which space on campus they will be housed. This will be in discussion with staff, management, and the person, on where they will best be most safe and comfortable.

Bimberi is a smaller facility for those under 18, which includes housing, a school, and activity spaces. The staff young people spend the most time with are youth workers.

Young people detained at Bimberi are covered by a specific policy called the Rights for Young People in Bimberi Youth Justice Centre.

In the Bimberi handbook for young people they state that they will respect and work with young people as the gender they choose. Where possible young people who identify as male or female are housed separately, access hygiene facilitates separately, and access programs separately. However, this is not always possible and young people of all genders may attend programs together.

Upon entering Bimberi, or at any point during their stay in Bimberi, a young person can let staff know of sex or gender information and can nominate a gender (including x), their pronouns and chosen name.

When a young person nominates a gender, this will impact the gender of staff for searches. The staff member facilitating the search must be of the same gender, and generally young people can choose a staff member they feel safe with. For trans young people, there are also additional requirements about approvals from senior staff to conduct strip searchers.

There is a specific section of the policy in relation to induction of transgender and intersex young people. The policy states that a transgender young person must be asked what sex they choose to be identified with, and that is the sex registered on the Register of Young Detainees.

Discrimination and Complaints

Alexandria Maconochie Centre (AMC)

If you have concerns about how you have been treated in AMC, you can make a complaint to AMC directly, or to the ACT Ombudsman or the ACT Human Rights Commission.

Bimberi Youth Justice Centre

Bimberi’s Charter of Rights declares that all people, regardless of age, race, culture, sex, sexuality, religion, disability, gender presentation have the same basic needs to live a happy and healthy life. This includes but if not limited to:

• being accepted for who you are,
• being kept safe,
• having a say about things that affect you,
• being connected to the outside world,
• receiving proper healthcare,
• having a good living condition,
• and being able to make a complaint.

If you don’t like the way you have been treated, you can ask people for help. People you can talk to for help, or make a formal complaint with, are:

• A youth worker
• Your CYPS case manager
• A team leader
• Your unit manager
• A member of the Senior Managment Team
• The Family Engagement Officer
• The Official Visitors
• The ACT Human Rights Commissioners
• The Public Advocate

You can talk to these people face-to-face, over the phone, or also write a letter. When you write a letter to the Official Visitors, the Public Advocate, or the ACT Human Rights Commision, this is ‘protected mail’ and Bimberi staff will not read it.

You can also complete a Çomplaints and Feedback form, which you can get from a youth worker or a unit manager.

Once you have made your formal complaint, and unit manager with let you know they have received it. You may be interview during this process. All Bimberi staff make a commitment that no one will be penalised or receive any consequences for making a complaint.

Support Services

A Gender Agenda (AGA)

Can provide peer support for trans, gender diverse, and intersex people currently incarcerated at AMC. This support can include visiting you in the centre, advocating for your needs and supports, and referring services to you.

AGA also provides training to staff within the centre, and so if you feel like you are not receiving adequate gender affirming care from staff, AGA staff can advocate for more education to be provided to AMC staff.

AGA staff are not legal representatives and cannot provide legal advice.

If you are worried about meeting AGA staff in the AMC visitor centre, they can apply to visit you outside of the visits centre with the agreement of the general manager.

You do not need to ask AMC staff to contact A Gender Agenda, you can contact AGA using the detainee telephone system – AGA’s contact details are included in the support database. They will ask your consent to contact AMC to organise a visit or provide support and will not contact AMC without your explicit consent.

AGA can also provide support for trans, gender diverse, and intersex young people currently incarcerated at Bimberi. If a young person wishes to engage with AGA, they can let a youth worker know and organise a time to meet with peer navigators.

Custodial Mental Health (CMH)

A public mental health service within AMC and Bimberi. CMH can offer crisis services, clinical management, and psychiatry services for people with acute or serious mental health concerns. Mental health concerns like depression, anxiety, and substance use are not managed by CMH but usually managed by Justice Health Primary GP services or Alcohol and Drug Services.

Upon entering custody people will be offered mental health screening, and referrals to the crisis service are made by ACT Corrective Services officers or other staff. If someone is feeling distressed or suicidal that should speak to a staff member who can request the crisis service on their behalf.

State Department Responsible: ACT Corrective Services
Policy for Trans Inmates: Corrections Management (Management of Transgender Detainees and Detainees Born with Variations in Sex Characteristics) Policy 2018

Territory Anti-Discrimination Legislation: Discrimination Act 1991
Corrections Management (Management of Transgender Detainees and Detainees Born with Variations in Sex Characteristics) Policy 2018
Children and Young People (Admission and Classification) Policy and Procedures 2018 (No.1) Notifiable instrument NI2018-431 made under the Children and Young People Act 2008, section 143 youth detention policy and operating procedures