The New South Wales (NSW) government has confirmed that all transgender prison inmates are being held in prisons that align with their biological sex.
The statement comes after news that a double murderer—who identified as a woman and had undergone hormone therapy—was trying to transfer to a women’s prison.
Corrective Services NSW confirmed the inmate’s bid was rejected following a rigorous assessment.
“The Commissioner of Corrective Services NSW has refused the application of an offender to transfer to a female correctional centre,” a spokesperson told The Epoch Times.
Further, the department highlighted their strict guidelines and assessment processes to determine the placement and management of transgenders in custody.
“This is in line with established policy and procedures that dictate individuals are assessed on a case-by-case basis, having regard to a range of factors including the nature of offence, their behaviour in custody and the safety of the transgender inmate and other inmates,” the spokesperson said.
“A transgender inmate who makes an application to be placed into a centre of their gender is subject to rigorous assessment by a multi-disciplinary team, which includes psychologists and Justice Health NSW staff.”
The spokesperson added, “There is no set period for determining an application, which can require multiple rigorous assessments.”
The NSW government also highlighted that gender reassignment surgery was not covered by Medicare, and that inmates would have to cover the costs.
In addition, Corrective Services noted that all transgender inmates were currently staying in facilities in accordance with their biological sex.
NSW Minister Ryan Park has said that the transfer to the woman’s prison would not take place.
“This individual is convicted of murdering a woman. “I don’t find it acceptable, and I don’t think the community would find it acceptable. It won’t be happening,” he told the Daily Telegraph.
The Epoch Times contacted Minister Park’s office for comment.
NSW Residents Can Change Gender on Birth Certificate
The issue comes after a new law, which enables NSW residents to change the sex on their birth certificate without the need for surgery, came into force. Parents and guardians are able to apply on behalf of children under 18.
NSW residents can choose to identify as female, male, non-binary and non-specified under the Equality Legislation Amendment (LGBTIQA+) Act 2024 (pdf).
“From July 1, 2025, a medical procedure is no longer required to apply for a change of sex in NSW. Applying for a change of sex alters the record of sex on your NSW birth certificate,” the NSW government website says.
Under the legislation, inmates must obtain written approval from a supervising authority such as Corrective Services before submitting a change of sex application.
However, the supervising authority “must not approve the making of an application” if the change of sex would be reasonably likely to ” adversely affect the security, discipline or good order of premises or a facility at which the restricted person is held or accommodated.”
Shadow Assistant Minister for Corrections Susan Carter raised concerns that the legislation would allow biological men access to women’s spaces, including prisons, when it was debated in Parliament.
“That has been the experience in other jurisdictions where similar changes have been made, so we should expect it to be the experience in New South Wales if the bill passes,” Carter said at the time (pdf).
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