The NT's leader says these women are a threat, but some say their reality is very different

Trans women prisoners are most at risk of violence, advocates say, hitting back at the NT chief minister's recent claims.

Justice and LGBTQI+ advocates are concerned the NT chief minister's ban is putting incarcerated transwomen at greater risk of harm. Source: SBS News / Josh van Staden

Advocates in the Northern Territory have strongly criticised Chief Minister Lia Finocchiaro's rhetoric around banning transgender women from female jails, arguing that these women are more likely to face violence and discrimination than perpetrate it.

In a letter shared with SBS, incarcerated transgender women recently alleged they had been subject to "homophobic" and violent conduct in prison.

Separately, NT Anti-Discrimination Commissioner Jeswynn Yogaratnam said he had serious concerns about recent public comments made by Finocchiaro.

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," Yogaratnam said in a statement.

Yogaratnam said it was "transmisogynistic and contrary to the evidence" to suggest trans women were a safety threat to others in custody.

"National and international data show that trans women are at a far higher risk of sexual assault, harassment and self-harm when housed in men's units."

Finocchiaro declared this week that only cisgender women should be in female prisons, saying: "If you're born a bloke, you're going to a men's prison".

She told the Australian newspaper on Monday that she's banned transgender women from female prisons for safety reasons.

"At the end of the day, this is really about women’s safety".

Her comments followed a letter campaign from think tank Women's Forum Australia, which called on political leaders to address what they described as a "national pattern of state-sanctioned injustice and abuse, whereby male offenders are being permitted — or may soon be permitted — to enter women's prisons under the guise of gender identity".

The Country Liberal Party (CLP) leader later said she had tasked the NT's corrections minister and commissioner with strengthening government policy and a "proper classification process" now applied.

The NT is the first Australian jurisdiction to enact such a policy.

NT Chief Minister Lia Finocchiaro has declared that female prisons in the NT would only house cisgender women Source: AAP / Amanda Parkinson

Separately, amendments to the NT's anti-discrimination legislation were re-tabled in parliament for debate on Thursday.

The changes would provide a "higher threshold" for what is considered vilification, while also seeking to allow religious organisations to discriminate against employees "on the ground of religious belief" or "to avoid offending religious sensibilities".

The CLP has previously said the key reforms "will remove unclear, vague terms introduced by Labor".

Independent MP Justine Davis said the changes would "weaken protections for vulnerable people".

"There is no need for these changes and, in fact, they are going to potentially cause harm," she said in a Thursday morning interview with SBS News.

'Homophobic and racist remarks'

Two trans women, often referred to as sistergirls by Aboriginal and Torres Strait Islander people, recently penned letters alleging that "homophobic and racist remarks" had been directed at them by "certain prison officers".

The letters were written from the Holtze Correctional Facility near Darwin with the help of visiting social workers and shown to SBS by advocacy group Justice Not Jails. They are dated 1 September and were shared in the context of the CLP's proposed ban.

"In the NT, Sistergirls and trans women are currently housed in male prisons, where they experience disproportionately high rates of sexual assault, verbal abuse, and physical violence," Justice Not Jails said in a statement.

The anonymous letters said there had been "multiple times on numerous occasions that we Sistergirls have been the victims of homophobic and racist remarks directed towards us by certain prison officers".

"A few of us have even been called the F-slur, which makes us feel degraded and uneasy and wanting to lash out."

The two letters call on prison officers to "refrain from blatantly using derogatory, insulting or outright homophobic remarks".

Community members displaying a transgender flag in Darwin on Wednesday evening. Source: SBS News / Josh van Staden

"We can tolerate to a certain degree, the ridicule from other inmates as they can easily be charged but when coming directly from an officer, it feels like being hit by a train in a loop as they are not really held accountable."

The letters also raise concerns about the difference in care when sistergirls are housed in male facilities.

"They take away our femininity by confiscating our combs and brushes and shaving our hair. They rob us of our identities that make us who we are, as Sistergirls."

In a statement to SBS News, the NT Department of Corrections said it has a directive in place to manage trans, gender diverse, and intersex prisoners that was developed in accordance with the NT Discrimination Act 1992 and the Commonwealth Sex Discrimination Act 1984.

Trans and gender diverse inmates face a higher risk of violence in prisons, advocates say. Source: AAP / Amanda Parkinson

LGBTQI+ Groups 'horrified' by trans comments

On Wednesday evening members from the LGBTQI+ community gathered in Darwin to express concern about Finocchiaro's comments, with some voicing distrust towards the NT government.

Tony Sinni, 25, told SBS News the CLP "aren't here for the safety of territorians" but rather the protection "of a particular elite group of territorians".

Justice Not Jails advocate Tony Sinni said recent comments about the trans community promote hate and division. Source: SBS News / Josh van Staden

"It's leading the territory backwards rather than forwards, and it's a national embarrassment, and it's becoming a global embarrassment."

Every trans person "just wants to be left alone and exist with the freedom from fear for being discriminated against", Sinni said.

Elliot Hughes speaking to members of the LGBTIQ+ community in Darwin. Source: SBS News / Josh van Staden

Similarly, Greens member for the Darwin seat of Nightcliff Kat McNamara said a ban would strip away an "essential protection" for trans women in the NT.

"Trans women experience double the rate of sexual violence from men than the rest of the population," McNamara, who is one of the few openly queer members of the Legislative Assembly, said in a statement to SBS News.

Dr Danielle Stewart works for Northside Health in Darwin, which operates a dedicated health clinic supporting LGBTIQA+ patients.

Dr Danielle Stewart says trans people have a heavy mental health load Source: SBS News / Josh van Staden

She says the small team of visiting GPs support an average of 300 trans people every year in Darwin, with 10 per cent of patients under the age of 18.

"They have specific health needs, and we know from what they tell us about their experiences with incarceration in the NT that they are sometimes not able to access their gender affirming hormones and other healthcare needs that they specifically have."

NT policy changes

In a statement to SBS News, Finocchiaro said her government had revised the NT's prison policy in October 2024 to ensure that "zero men [are] being placed in women's prisons".

During parliamentary question time on Wednesday, Finocchiaro said there were currently three transgender inmates housed in men's prisons, isolated from other inmates.

Also during question time, Opposition leader Selena Uibo said the CLP's move contradicted existing Department of Corrections policies.

"You were recently quoted that you and your government have banned trans women from being accommodated with other women in prison. However, internal department documents state that you have not, and you still operate your government under the 2021 version four directive," she said.

The Department of Corrections told SBS News it would not publicly release the current directive, citing security reasons.

'Ensuring women's safety'

Women's Forum Australia cited allegations reported in The Australian from a 29-year-old female prisoner involving sexual assault by a transgender woman in a Port Augusta prison in 2019.

CEO Rachael Wong told SBS News the case prompted their group to send an open letter to every state and territory government, including the prime minister.

"To see an Australian leader take leadership on this issue like Chief Minister Finocchiaro has done, I think it's fantastic she's taken such swift, decisive action."

In response to questions about potential mistreatment by prison officers, Wong told SBS News that was an entirely separate issue.

"I think that particular issue needs to be directly dealt with", she said.

Alastair Lawrie is director of policy and advocacy at the Justice and Equity Centre, a community legal group that has represented clients placed in prisons that do not match their gender identity.

Lawrie said his organisation was aware of reported cases that had contributed to the decision and that no woman should be placed in a cell with someone who has a history of sexual violence against women, which was also alleged in the 2019 case.

"And that applies irrespective of whether the person is transgender or cisgender," he said.

However, Lawrie said putting trans women into men's prisons "does not address any part of that problem".

"In fact, it's probably making things worse."

The NT's 1992 Anti-Discrimination Act prohibits discrimination on the basis of gender identity and imposes a duty to accommodate special needs

There is no clear data on the number of trans and gender diverse people incarcerated in Australia, but one estimate cited in a 2023 study suggested less than 1 per cent of the prison population were trans or gender diverse.

The NT Department of Corrections told SBS News it does not release data relating to transgender prisoners as the small cohort size presents a risk of identifying individuals.

LGBTIQ+ Australians seeking support with mental health can contact QLife on 1800 184 527 or visit qlife.org.au. ReachOut.com also has a list of support services.

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