Women Speak Tasmania (WST) does not support the housing of trans-identifying males in female prisons. However, we recognise the vulnerability of individuals who identify as transgender and acknowledge the complex challenges they face in custody.
We have reviewed in detail the findings of the Coroner’s inquiry into the death of Marjorie Harwood, and we understand the deep grief and distress of a mother seeking answers and accountability for her child’s safety.
At the same time, WST believes that sound, evidence-based correctional policy must protect all Tasmanians — including women, children, and vulnerable offenders — by ensuring that sex-based safety is never compromised.
The case of Marjorie Harwood reminds us that compassion and protection are not opposing principles. Both can — and must — coexist through policies that uphold truth, dignity, and fairness in our justice system.
A Case That Raises Difficult Questions
The 2018 death of Marjorie Harwood, a transgender-identifying male who died from renal failure after refusing dialysis, has brought renewed attention to how Tasmanian prisons manage trans-identifying inmates.
While public commentary has focused on Harwood’s identity, the case exposes deeper structural issues: how correctional policy balances individual rights with safety, and how women’s prisons can be kept safe for the female prisoners who live there.
A Mother’s Plea for Answers
Harwood’s mother, Rosemary Harwood, submitted a detailed request to Parliament calling for a full coronial inquest. She claimed her child was sexually assaulted in custody and became terrified of returning to prison, leading to the refusal of life-saving treatment.
Her plea centred on accountability: whether neglect or unsafe custodial practices contributed to Harwood’s death, and whether Tasmania’s correctional system adequately protects vulnerable prisoners.
The Coroner’s Findings
Coroner Olivia McTaggart found that Harwood’s death resulted from end-stage renal failure and ruled that a public inquest was not required.
The decision noted:
- No conclusive evidence that mistreatment in custody or fear of return caused the refusal of dialysis.
- References to alleged assault came only from an ambulance officer’s note (“rectal trauma ? being raped in prison”), with no corroborating medical or custodial records.
- The Department of Justice had a transgender placement policy in place, but there was no proof that a failure to apply it contributed to Harwood’s death.
The Coroner’s decision was legally sound but left ongoing questions about how transgender-identifying prisoners are managed and how women’s prisons are safeguarded.
The Policy Problem: Identity vs. Safety
The Harwood case highlights the danger of treating gender identity as the overriding factor in prisoner placement.
Even though Harwood was housed in a male facility, the case demonstrates what happens when the system fails to account for biological reality and the vulnerabilities of all involved.
If Harwood had been placed in a female prison, the potential for harm would not have disappeared — it would simply have shifted onto female prisoners, most of whom are survivors of male violence.
“Women in custody are among the most vulnerable people in society. They deserve protection, not exposure to additional risk.”
Across the world, jurisdictions that allowed trans-identifying males into women’s prisons — including the UK, Canada and the US — have faced documented cases of sexual assault and psychological harm to female inmates.
A Balanced Solution: Protected Units in Male Prisons
The lesson from both international experience and the Harwood case is clear:
the solution is not to erase sex, but to provide safe, protected accommodation for trans-identifying males within male facilities.
Such an approach:
- Recognises sex-based risk as the basis for placement decisions.
- Ensures access to appropriate health and psychological support for transgender-identifying prisoners.
- Protects female prisoners from the foreseeable risks of housing male bodies in female spaces.
This model already exists elsewhere — in the UK’s “vulnerable prisoner units” and in similar arrangements across several US states — balancing compassion with safety and human rights.
Policy Implications for Tasmania
Tasmania’s legal framework, including the Anti-Discrimination Act and correctional policies, protects gender identity but does not clearly reconcile it with biological risk management.
This ambiguity leaves room for ideological interpretations that can undermine women’s safety and fail vulnerable trans-identifying offenders.
A clear, evidence-based reform should:
- Recognise biological sex as essential for risk and safety assessment.
- Require transparent criteria for transgender prisoner placement.
- Create dedicated, secure units for trans-identifying males in men’s facilities.
- Uphold sex-based integrity of women’s prisons.
Conclusion: Protecting Everyone’s Safety
Marjorie Harwood’s death — though officially from natural causes — reveals how uncertainty and ideology in correctional policy can cost lives and compromise safety.
Tasmania now has an opportunity to lead with clarity and compassion:
protect women’s prisons as female-only spaces, and create safe, supervised accommodation for trans-identifying males in male facilities.
Only evidence-based policy — not political pressure — can uphold the rights, dignity, and safety of all Tasmanians in custody.
References:
Inquiry into Tasmanian Adult Imprisonment and Youth Detention Matters. 2013 https://www.parliament.tas.gov.au/__data/assets/pdf_file/0030/69852/50.-Rosemary-Harwood.pdf
Decision-Martin-Marjorie-Harwood. 2025 https://www.magistratescourt.tas.gov.au/__data/assets/pdf_file/0010/808921/Decision-Martin-Marjorie-Harwood.pdf-no-annexure.pdf
Mother vows to keep fighting for investigation into daughter’s death. ABC. 2025– https://www.abc.net.au/news/2025-05-10/marjorie-harwood-inquest-denied/105274534