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Appeal ‘missed opportunity’ for transgender reforms
A Queensland Court of Appeal decision to overturn an apology order has brought into question the state’s approach to transgender rights, a legal centre has argued.
Naomi Neilson
The Queensland government, prison operator Serco Australia and director of Southern Queensland Correctional Centre Mark Walters have received a reprieve from a decision ordering them to apologise to a woman who recently served time and had asked them to refer to her by her proper pronouns.
Since her complaint in 2016, corrective services policy has been amended so that any transgender prisoners are to be referred in a manner consistent with the gender that they identify as, with limited exceptions. Although the Queensland Appeal Court decision was based on legislative interpretation, Ms Tafao said it was disheartening.
“Being transgender is not a choice. I didn’t wake up one day and decide I wanted to be ridiculed by society for being male in my body and my head telling me I am a woman,” she said. “I wanted a simple apology and for them to realise how they treated me was not right, not okay. It is disappointing to have this decision made.”
Caxton Legal Centre lawyer Klaire Coles said the outcome was a “missed opportunity” for law reform in Queensland.
“While the ability for parties to appeal court decisions is a necessary part of the application of the rule of law, the fact that this appeal was brought raises concerns about the rights and treatment of transgendered people,” Ms Coles said.
“Given the good work that the state government have undertaken in improving their policies and procedures for transgender people in custody since Ms Tafao’s experience, I am concerned about the message that this appeal sends to the community.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
