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Corrections Regulations 2005, Regulation 190.

Authority for Policy

Corrections Regulations 2005, Regulation 190.

Policy Standard

Prisoners who believe that their anatomical or biological gender is opposite to their birth gender are contained in an environment that acknowledges and accepts their gender identification and does not disadvantage or restrict their opportunities for successful reintegration into the community.

Performance Standards

1. Where the Chief Executive is satisfied that a transgender prisoner has completed gender reassignment surgery, the prisoner must be promptly placed in accommodation that accords with that prisoner’s new gender.
2. Transgender prisoners are not subjected to acts of aggression or humiliation.
3. Transgender prisoners housed in male prisons are treated as male prisoners.
4. Transgender prisoners housed in female prisons are treated as female prisoners.
5. Transgender prisoners are permitted normal mixing.
6. Transgender prisoners not transferred to the prison of the gender they perceive themselves to be, are entitled to single cell accommodation if they choose, or to share a cell with other transgender prisoners.
7. Transgender prisoners are treated with dignity and consideration when being searched.
8. Transgender prisoners wear clothing that is suitable to their needs.
9. Transgender prisoners can continue, at their own cost, any medical or hormonal treatment commenced prior to imprisonment. However, sexual reassignment surgery is not to be considered during a term of imprisonment.