Ms O’CONNOR – Thank you, Chair. Minister, I have some questions about the TPS response to questions regarding historic non-application of the transgender prisoner policy. An ABC article of May 7 this year questions whether the TPS has implemented adequately their 2009 transgender prisoner policy. The TPS responded to that article by saying its policy had been implemented in 2009 because prisoners were able to self-identify as transgender during intake interviews, but the TPS did not respond to a question about whether inmates were asked their gender or sex or if they had to raise it proactively. We would like this question answered. I would also like to know why there was a refusal to answer this question when it was put by journalists, and were people informed of the existence of this policy as well as their rights under it?
Ms OGILVIE – So three questions. Firstly, has the policy been implemented? And secondly –
Ms O’CONNOR – Implemented. Why didn’t the TPS answer the journalist’s questions about whether people were informed of their rights and given some choices. And are people told of the existence of this policy and their rights under it?
Ms OGILVIE – Yes, okay. I am very happy to – if that’s okay we will refer that and then we will pick it up as we go through. The first question, I think, was has the policy been implemented.
Ms O’CONNOR – Fully implemented.
Ms OGILVIE – Yes, and perhaps a description of how the policy works from the process side, yes.
Mr WISE – Sorry, yes, and through you, minister. The policy is clear: it has been publicly available for some time, but it is under review. And we are going through a process of working through a committee to examine the current policy, and I think that where we will get to with that is in the first instance the establishment of a panel which includes some gender diverse people.
Ms O’CONNOR – Great.
Mr WISE – To have a look at individual cases. Because the cases invariably are challenging from one perspective or another in terms of the safety of the individual person or others housed in the prison in which they seek to be managed. They are complex issues, generally. They are very, very rarely straightforward and a panel, I think, will assist us in resolving those issues.
Ms O’CONNOR – I’m sorry, with respect and through you, minister, are you saying that a panel would make those decisions on the application of the policy, or the panel is there to review the policy so that it is more responsive, if you like, to the needs of transgender inmates?
Mr WISE – Through you, minister, it would be considering applications or cases to provide advice to the TPS.
Ms O’CONNOR – I see.
Mr WISE – In accordance with the policy.
Ms O’CONNOR – Okay. You would have people presumably with the necessary expertise as well as lived experience on a panel like that?
Ms OGILVIE – I can help just with that bit, because I thought you might be going there. Just to give you a little update, that the policy which is under review is being done in close consultation with the Department of Justice LGBTQI+ reference group, with whom you would be familiar, and we will be retitled the Transgender and Gender-Diverse Prisoners Policy when finalised.
Ms O’CONNOR – When will that be?
Ms OGILVIE – I don’t have that information. Do we know when it will be final? Yes, please, can I ask Kristy to make some comments?
Ms BOURNE – Thanks, minister, through you. So as the minister noted, this has been a key priority of our gender-diverse – sorry, the gender-diverse prisoner policy has been a key priority of our LGBTIQA+ reference group, and I put on the record the time and commitment that those community members have made to informing the current draft. I feel that we are very, very close. We are just consolidating some further feedback from our reference group. I think we are up to about draft 16 of that policy before it goes – well, before it is formally handed over to the TPS to implement.
Noting that the undertaking I have given to our reference group is that as it is implemented, there is a point of reference back to that group, in the event that any further refinements need to be made to that policy. I would really like to be able to hand over the policy, so to speak, from the reference group to the TPS before the end of this calendar year.
