CRIM2044 Assessment 1: Australian Prisons and LGBTIQ+ Inmate Needs

This report critically examines the Australian prison system's treatment of Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer (LGBTIQ+) inmates. It begins by acknowledging the legal framework and protections in place while highlighting the vulnerability of transgender individuals, who often face discrimination, sexual assault, and denial of basic needs. The report evaluates the effectiveness of traditional criminal justice processes and institutions, including juries and prisons, in safeguarding the rights of LGBTIQ+ inmates. It analyzes the role of institutional bodies in addressing discrimination and ensuring equitable treatment, considering factors such as gender identity and medical impairments. The report discusses relevant policies, standards, and the need for safe environments and different cell arrangements to protect transgender prisoners. It references academic sources to support its arguments and provides insights into the challenges faced by LGBTIQ+ inmates within the Australian prison system, ultimately advocating for reforms to better meet their needs.

1Australian prisons
do not adequately
cater to the needs
of LGBTIQ inmates

INTRODUCTION
The Australian legal system deals wide range of protection to safeguard the right of their
citizens. It identifies that transgender people as a vulnerable group in the prison as they are lack
of basic needs often being denied to them. Transgender prisoners face higher rates of sexual
assault and rape1. However, it is a conceptual framework that deal with policies, procedures, and
practices regarding the treatment of transgender people in prisons and argues that carceral
settings both pathologies and criminalise transgender inmates through incarceration practices that
aim to address and reduce their vulnerability (Brown and Jenness, 2020). This report will
analyse the legal framework of policies regarding the treatment of transgender prisoners.
Further, it will examine the criminal justice system of Australia and institutional body
contribution to safeguard their legal rights.
TASK
1. Evaluate the effectiveness of traditional criminal justice processes and institutions including
juries and prisons.
The institutional body plays significant role in securing the legal and moral right of
transgender prisoners. They are discriminated on the basis of gender and medical impairment.
They are the victim of various anti discrimination activities committed by society. The authority
In Australia, the custodial agencies are developing policies in relation to LGBT people.
Perhaps the biggest reason is the federal Prison Rape Elimination Act. These comprehensive
standards include several provisions that direct agencies to pay particular attention to protecting
LGBT and gender nonconforming individuals, as well as those with intersex conditions. Jails and
prisons are strongly working to comply with these standards. The criminal justice system of
Australia keeps its citizens in order to live peacefully. It provides to have a different perspective
for positive contribution of work for the country. The purpose of criminal justice system of
Australia is to implement criminal punishments such as penalties, imprisonment and fines2.
1 Cover, R., 2022. Making Queer Content Visible: Approaches and Assumptions of
Australian Film and Television Stakeholders working with LGBTQ + Content. Media
International Australia, pp.1329878X2210778.
2 Danjuma, Ibrahim, Rohaida Nordin and Mohd Munzil Muhamad, "Prisons’ Condition
And Treatment Of Prisoners In Nigeria: Towards Genuine Reformation Of Prisoners Or A
Violation Of Prisoners’ Rights?" (2018) 44(1) Commonwealth Law Bulletin

These help to structure the behaviour of criminals in order to reform them in a social manner.
Prison norms in relation to protecting transgender prisoners, medical issues such as hormone
secretion, approaches adopted by Australian corrective services institutions. The population of
LGBT community is very less in Australia which is higher among the younger than the adults of
country.
In a recent report presented by Australian Human Rights Commission on various issues, gender
identity, intersex, and sexual orientation. Observed that there must be a reasonable correction
services to reach the needs of LGBT in a public policy. There is need to provide save
environment for transgender people3. These issue required timely solutions and make laws and
regulations with the view to govern the entire management of transgender people in Australia's
prisons. The Australian government needs to outline the key issues which the LGBT community
faced the Australian prisoners. Transgender prisoners need to keep in different cells so that other
prisoners cannot make any contact with them.
CONCLUSION
3 Magee, Fiona, "LGBTQ People And Social Work: Intersectional Perspectives" (2017)
70(2) Australian Social Work

REFERENCES
Books and Journals
Cover, R., 2022. Making Queer Content Visible: Approaches and Assumptions of Australian
Film and Television Stakeholders working with LGBTQ + Content. Media International
Australia, pp.1329878X2210778.
Danjuma, Ibrahim, Rohaida Nordin and Mohd Munzil Muhamad, "Prisons’ Condition And
Treatment Of Prisoners In Nigeria: Towards Genuine Reformation Of Prisoners Or A
Violation Of Prisoners’ Rights?" (2018) 44(1) Commonwealth Law Bulletin
Magee, Fiona, "LGBTQ People And Social Work: Intersectional Perspectives" (2017)
70(2) Australian Social Work