LGBTQIA+ groups 'horrified' by NT leader's comments about not detaining transgender women in female prisons
Lia Finocchiaro says offenders who were assigned male at birth and have since transitioned will not be housed in women's prisons. (ABC News: Marcus Kennedy)
In short:
NT Chief Minister Lia Finocchiaro says offenders will be housed in custody facilities according to the gender they were assigned at birth.
The Country Liberal Party says it had revised the previous Labor government's "woke transgender prisoner policy, where self-declaration was enough", to include "a proper clarification process".
LGBTQIA+ groups say they are "horrified" at the chief minister's comments about transgender women, describing the language as "inaccurate and harmful".
The Northern Territory government has doubled down on its stance against detaining transgender women in female prisons, as a local LGBTQIA+ group says it is "horrified" by the comments.
Warning: The language used in this article may offend some readers.
Speaking on Darwin radio station Mix 104.9 this week, NT Chief Minister Lia Finocchiaro said female prisons should "have women only" and that the Country Liberal Party (CLP) had taken "a practical common sense" approach to the debate.
"If you are born a gender, that is the prison you go in,"she said.
"At the end of the day, if you're born a bloke, you're going to men's prison and we'll deal with you there."
The chief minister clarified that NT prisoners who were assigned male at birth and now identified as female would be sent to men's prisons, even if they had transitioned.
"Currently, that is the rule, and that rule will continue," she said.
In a statement responding to questions from the ABC on Tuesday, Ms Finocchiaro reaffirmed her stance on gender-diverse inmates, and said the CLP had revised the previous Labor government's "woke transgender prisoner policy where self-declaration was enough".
"This has resulted in zero men being placed in women's prisons, and that will continue under my watch," she said.
In documents obtained by the ABC, under the previous NT Corrections Department policy, gender-diverse inmates were housed in separate accommodation where possible, or, if capacity allowed, with the gender they self-identified as.
NT Corrections is responsible for prisoner accommodation in the territory. (ABC News: Avani Dias)
Ms Finocchiaro said the CLP had updated that policy to include "a proper clarification process" in October 2024 — but the government would not provide further details or a copy of the updated documents.
The chief minister's comments come after conservative think tank Women's Forum Australia penned a letter to the prime minister and state and territory leaders over the weekend, urging governmental action.
The letter said transgender women in female prisons presented a safety risk for inmates assigned female at birth and called for a ban in all Australian states and territories.
Women's Forum Australia, led by Rachael Wong, wants all Australian states and territories to ban transgender women from female prisons. (ABC News: Kathleen Calderwood)
Women's Forum Australia chief executive Rachael Wong said the CLP's "decisive action" was a sign the Northern Territory was "leading the nation with moral clarity and common sense".
"Chief Minister Finocchiaro has demonstrated true leadership — swift, principled and courageous," Ms Wong said in a statement.
Claims comments could embolden 'anti-trans hatred'
Advocacy group for the sistergirl, brotherboy and LGBTIQAP+ community, Vital Collective, said it was "horrified" by Ms Finocchiaro's comments and claimed she had mislabelled transgender women as men.
"The chief minister implies that sistergirls and transgender women are somehow inherently more violent," a spokesperson for the group said in a statement.
"Such statements are inaccurate, harmful, and embolden anti-trans hatred."
The group said such commentary was discriminatory and that the CLP's rhetoric would increase the risk of violence towards the gender-diverse community.
Advocates say the comments could spread harmful inaccuracies about the transgender community. (Reuters: Brendan McDermid)
"The safety of all women is important, not just cis[gender] women," the Vital Collective spokesperson said.
The Northern Territory AIDS and Hepatitis Council said it opposed any policy changes regarding the safety of intersex people, transgender women and sistergirls in custody.
"These groups experience the highest rates of violence in custody, and reducing existing protections would increase that risk," a spokesperson said.
'Small cohort' of trans prisoners in NT
In a statement to the ABC, the Department of Corrections said its directive relating to gender-diverse prisoners in the NT was "developed in accordance with the NT Anti-Discrimination Act 1992 and the Commonwealth Sex Discrimination Act 1984".
The Corrections Department says there is a directive in place to manage trans, gender diverse and intersex inmates. (ABC News: Che Chorley)
"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," a spokesperson said.
The spokesperson said the department did not make prison directives public, citing security concerns and a risk of identifying the NT's "small cohort" of transgender inmates.
Ms Finocchiaro said following the Women's Forum Australia letter, she had tasked both the NT corrections minister and commissioner "to ensure the policy is strengthened further".