Manager's Report

by Elizabeth Riley

(The Gender Centre advise that this article may not be current and as such certain content, including but not limited to persons, contact details and dates may not apply. Where legal authority or medical related matters are cited, responsibility lies with the reader to obtain the most current relevant legal authority and/or medical publication.)

Many of you will be aware of the new transgender prisons policy was placed into effect on 23rd October 1998. A policy of this nature was first contemplated in 1993 and was close to implementation in 1996 but unfortunately the then policy was found to contravene Anti-Discrimination legislation. I am pleased to report that the revised policy which has been endorsed by the A.D.B. represents a very positive result for the transgender community.

The primary criteria by which a person will be determined to be transgender will be wholly on the basis of self identification. When a person so identifies they will be immediately afforded one out protection and will be not be transported with other inmates. This is significant because it is during initial incarceration and during transportation that most cases of assault and sexual assault are reported.

From here the inmate will be taken to the M.R.R.C. at Silverwater where they will enter into immediate case management to determine which gaol they will ultimately be housed in. In most cases a male to female transgender will be housed in a female prison. It is also likely that a female to male for safety reasons will also be housed in a female gaol.

Since self identification is the key to accessing the program, it is important that transgender people reveal their transgender status if arrested. In many cases this will be clear but for those in various stages of transition or those who "pass" effectively this may not be the case. For the "passing" female to male, failure to self identify could place him at enormous risk of sexual assault if he is housed in a male gaol.

However, we also benefit significantly from the right to choose. If a male to female wishes to be housed in a male gaol then she can simply choose not apply to the transgender program. Such choice will mean that she will be subject to all the procedures that apply to inmates in the gaol she is housed. Nonetheless she will still have full right to access female clothing, cosmetics and ongoing hormone treatments.

Inmates currently in the system have all been approached and informed of their right to now apply for transfer to a gaol of their gender identification.

While past treatment of transgender people may cause individuals to fear self exposure I would encourage people to do so to minimise the risks that we have been previously exposed to in the gaol system. On December 15th, I provided training, along with Angelene Falk from the A.D.B. and Lee Downes, author of the policy and Governor of Emu Plains Correctional Centre. Training was provided to key people from various departments within the Department of Corrections. Two more training sessions are planned in the new year. I would report from that training session that participants all displayed an enormous commitment to this policy and I believe we can look forward to fair and respectful treatment in the future.

One area that may be contentious arises from the case management process. Corrective services are justifiably concerned that people who are not transgender may try to access the program for ulterior reasons. In order to minimise the risk of this occurring the case management team is likely to seek information from each self identified transgender person on their community history. In most cases presentation of documentation such as driver's licence etc. would be enough to prove that an individual is genuine. However, the situation may be more difficult in the case of someone who is in the process of transition and is not yet living in their new gender role and has not effected a name change. In these cases the case management team may seek written permission from the individual to establish a community history. For example evidence in support of a person's claim may be that they have attended The Gender Centre for counselling or are attending a psychiatrist. Cases where there is no community history will be scrutinised carefully.

To our knowledge this policy is a world first and N.S.W. continues to lead the way in addressing the issues that face transgender people. We have a vast array of key people from the non-transgender community supporting our push for social justice and I am confident that we can look forward to an increasingly brighter future for the transgender community.

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