Stop Housing Male Offenders in Women's Prisons

On 28 September 2025, The Australian reported that a trans-identified male offender who sexually abused his own 5-year-old daughter has been placed in the Dame Phyllis Frost Centre, Victoria's largest women's prison. Disturbingly, the Court accepted arguments that the offender's gender dysphoria and struggles with transition diminished his culpability and that he committed the abuse in part to be validated as a woman, framing his crimes as those "commonly seen in females charged with sexual offences". This extraordinary reasoning falsely and unjustly recast a man's crimes as a woman's and led to an alarmingly reduced sentence with eligibility for release in just 2½ years. Despite community outrage and direct appeals to the Victorian Premier, the man remains in the women's prison. And this is not the first such case in Victoria. We know of at least 7 male offenders who have been housed in Victorian women's prisons since 2003, including another male sex offender housed in the same women's prison in 2022. Premier Jacinta Allan referred our correspondence to the Minister for Corrections. She was then forced to comment at a press conference, saying that her government would not intervene in the matter, as it would be "deeply inappropriate" for the Premier or a minister "to be reaching into Corrections Victoria and directing the placement of any prisoner". Opposition Leader Brad Battin said that under a government run by him, there would be no male sex offenders in women's prisons. After significant community pressure and backlash sparked by our campaign, and questions from MLCs Bev McArthur and David Limbrick, Corrections Minister Enver Erdogan has ordered Corrections Victoria to strengthen protections for female inmates, contradicting initial comments by the Premier. Then in February 2026, the Herald Sun revealed that a female prisoner was sexually assaulted by a trans-identifying male murderer in a women's prison in 2022, and the Government chose to quietly settle the case with taxpayers footing the bill rather than address the policy that caused it or ensure accountability. Meanwhile, the recent corrections policy changes still permit men to be placed in women's prisons, leaving other women exposed to the same danger. This is a systemic policy failure that must be urgently corrected.

On 10 October 2025, The Australian revealed a shocking story from South Australia, where inside the Port Augusta Prison — which accommodates both male and female offenders — a female prisoner was failed in every way imaginable by the state's correctional services. She was placed in a cell with a notoriously violent trans-identified male offender and was subjected to a horrific sexual assault by him — an assault that was not prevented by the fact that he had had full gender-reassignment surgery. When she complained to prison staff they ignored her pleas for days, leaving her in the same cell as her attacker. After seeing the Victorian story, the woman decided to speak out so that politicians act to ensure what happened to her never happens to another woman. Since she spoke out, another woman has come forward to detail the five months of hell she experienced being locked up with the same man. Premier Peter Malinauskas referred our correspondence to the Minister for Corrections. Then, at a press conference, he shamefully referred to the safety of female inmates with regard to male offenders being housed in women's prisons as a "niche issue" that he "hadn't turned his mind to". Opposition Leader Vincent Tarzia has since called out the Premier for dismissing the issue of male offenders in women's prisons as a "niche issue". Tarzia said the government must properly investigate and urged the Premier to release any advice he's received on the subject, stressing that the debate is about safety.

On 11 October 2025, The Daily Telegraph reported that in New South Wales, a violent trans-identified male offender convicted of kidnapping and torturing an elderly man had a transfer application to a women's prison under consideration for nearly a year. We also know that trans-identified male offenders have been imprisoned in NSW women's prisons as recently as 2022. Just hours after the paper exposed the application, Corrective Services NSW scrambled to reject it — as it did earlier in the year when the Daily Telegraph revealed that a double male murderer wanted to transfer to a women's prison. Premier Chris Minns also commented, "I can't see a situation where a transitioning male to female will ever be put in a female prison in NSW." While this initially sounds encouraging, the statement suggests that post-operative males may still be eligible for placement. As the South Australian story shows, being a 'post-operative' male offender doesn't prevent sexual assault, and such a statement gives little comfort given that Corrective Services NSW has quietly removed its previous gender-identity policy and left nothing in its place. New sex self-ID laws in NSW allowing anyone to change their legal sex — which have also been rolled out across much of the country — raise questions about male offenders who have already changed their legal sex before being charged and convicted. We wrote to the Premier seeking urgent clarification on whether NSW's position is that no males will be housed in women's prisons under any circumstances, what will happen when a male offender has changed their legal sex before conviction, and what policy currently governs placement decisions. We didn't receive a response. In August 2026, The Daily Telegraph revealed that a violent male offender had been transferred to a NSW women's prison in June 2026, despite repeated assurances from the Premier, ministers and Corrective Services over the past year, that men would not be housed in women's prisons.

On 18 January 2026, The Courier Mail revealed that killer and sex offender Mark Richard Lawrence is "transitioning to become a woman" in a jail near Brisbane. Queensland Corrective Services (QCS) has confirmed he won't be transferred to a women's prison, stating that "No prisoner is transferred to a Queensland correctional facility that does not align with their birth sex." While this statement initially sounds reassuring, it only refers to "transfers" rather than prisoner placements more generally. Moreover, QCS policy on 'trans and gender diverse prisoners' reviewed in 2026 does not rule out the possibility of a male offender being housed in a women's prison, with accommodation decisions to be made on a case-by-case basis.

On 15 October 2025, One Nation MLC Philip Scott questioned the WA Labor Government about whether it is housing male offenders in women's prisons. The government confirmed that there are currently no men who identify as women in WA women's prisons. While this is pleasing to hear, we do wonder how the government can be sure after its sex self-ID laws — allowing anyone to change their legal sex — came into force this year. We also note that while there may not be any males in WA women's prisons currently, WA corrections policy 'COPP 4.6 Trans, Gender Diverse and Intersex Prisoners' does allow it. This isn't good enough. There is no good reason for allowing a biological male to be housed in a women's prison. We are yet to receive a response from Premier Roger Cook to our letter calling on State and Territory leaders to update their policies to ban male offenders from women's prisons. However, on 7 February 2026, The West Australian revealed that a man accused of domestic violence against his female partner was put in a women's prison in 2025 after obtaining a female birth certificate under Western Australia's new sex self-ID laws. He is now on bail awaiting trial, and if convicted, will serve his sentence in a women's prison. In July 2026, The West Australian also revealed that the state's Department of Justice was fighting to stop a violent male offender from being transferred to a women's prison.

To be updated.

Premier Andrew Barr referred our correspondence to Minister for Corrections Marisa Paterson. We have received an unsatisfactory response from the Minister which we are following up.

After receiving our letter on 12 October 2025, the next day, Chief Minister Lia Finocchiaro took decisive action to immediately ensure a ban on male offenders from women's prisons as a vital step to uphold the human rights, safety, and dignity of women in custody. Chief Minister Finocchiaro has demonstrated true leadership. Other states and territories must now follow suit and take immediate action to safeguard women in their care.