Policies & Procedures for services working with Transgender clients
Written May 2009
Forward
Contents
Introduction
Glossary of Terms
1.0 Section One
1.1 Provision of
Services
1.2 Staff Policy
1.3 Safety Concerns
1.4 Placement for housing
2.0 Section Two
2.1 Intake and Assessment
2.2 Bathrooms and Showering
3.0 Section Three
3.1
Harassment
3.2 Intervening in Client Harassment of Transgender
Clients
3.3 Privacy and Confidentiality
Further Information
The Gender Centre is the only Transgender specific agency servicing Transgender clients in
N.S.W. for over 20 years. However as human service
agencies have developed, so have the complexities of clients and demand for such services with a
particular focus on homelessness.
There is a need for non-transgender specific agencies to develop skills and expertise in supporting
Transgender clients, and the increasing complexities of homeless issues impacting their lives.
Under N.S.W. law, only some transgender people are
legally counted as being their preferred gender rather than their birth gender. Under
N.S.W. law you are legally counted as your preferred
gender if you are a "recognised transgender" person (see glossary of terms).
Under N.S.W. anti-discrimination law you can only be
a recognised transgender person if you have a new birth certificate issued by the
N.S.W. Registry of Births, Deaths and Marriages that
states the gender you identify with; or you have an amended birth certificate or an equivalent document
known as an "interstate recognition certificate" issued by another Australian State or other
jurisdiction. You can only get a new N.S.W. birth
certificate issued if all of the following criteria apply:
- Your birth certificate was originally registered in New South Wales;
- you are over 18 (or, if you are under 18, your parent or guardian agrees to you doing
this);
- you have had sex reassignment (gender affirmation) surgery - this includes any surgical
alteration to your reproductive organs, (for example, to your womb or genital area); and
- you are not currently married.
For many of the transgender clients who access homeless inner City of Sydney services, the above
mentioned birth certificates are unrealistic to obtain. Therefore services that support transgender
clients who are not legally recognized as their preferred gender are faced with many challenges in
accessing appropriate support and services for their transgender clients.
It is hoped that the provision of this document, will provide agencies with a framework in which to
approach transgender clients' support. That is, that they will provide a service to Transgender clients
in the same way that they would provide any other client group with complex needs, and in doing so
increase access and support for this often avoided client group.
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Transgender people experience significant levels of discrimination, harassment and violence on a daily
basis. Unfortunately there are no quantitative statistics to reinforce this situation for a variety of
reasons including the lack of census data collected about transgender people. (The Australian Bureau of
Statistics does not allow people to identify as anything other than female or male.) This is also the
case with all other government departments. This does not allow for the collection of, or even the
recognition of people identifying outside these rigid definitions.
Although a person can only legally be considered the opposite gender to their birth gender when they
are a "recognised transgender" person, it is appropriate, in most cases to extend the same
rights and conditions to both groups of transgender people.
Transgender adults who identify as, or express a gender that is different from their birth gender can
experience extreme difficulties in obtaining adequate and safe shelter.
Not only do transgender people frequently endure the emotional injury of being classified as, and
treated according to a gender that they don't identify with, but many services are also physically unsafe
for them.
Transgender women who identify and live as women but were born male can risk verbal, physical, sexual
harassment and assault when they are required to room with males.
All transgender clients should be treated according to their self-identified gender.
Many transgender people are reluctant to draw attention to themselves by reporting discrimination,
harassment or violence, especially if they are in a work or social situation where their transgender
status is not known.
There are no official reporting mechanisms for recording that a specific incident has a transgender
component and as a consequence police, medical professionals and coroners have no reminder that this is a
factor to be taken into account unless it attracts media attention a matter is likely to be submerged in
a mass of unrelated cases.
The Purpose of this document is to ensure equity and access to services by Transgender clients –
assisting with their housing and other needs.
This document has been developed for incorporation into existing service's policy and procedure
manuals, to assist staff with the provision of appropriate service delivery with regards to accommodation
services and other projects to meet the needs of Transgender clients accessing inner city services.
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- Transgender
- An experience where an individual has a core sense of gender which may be
neither or both genders and crosses the traditional gender binary construct. The term
transgender has crept into common usage as an umbrella term to encompass many diverse
conditions and identities as well as behaviours. It is a term usually considered appropriate
for people who express gender contrary to their legally assigned gender.
- Gender Binary
- The classification of people into two categories "male" or
"female". Hence the term gender-binary (binary meaning two)
- Recognised Transgender Person
- A legal sub–category of "transgender person" is a "recognised
transgender person". A transgender person is a "recognised transgender person"
if they have a new birth certificate issued by
N.S.W. Registry of Births Deaths and
Marriages that states the sex that the person identifies with; if they have a recognition
certificate issue by a South Australian magistrate; or they have some similar official
document issue by another Australian State or Territory (at the time of issuing this policy
no other Australia State or Territory issues such a certificate).
- Self Identify
- A person's right to identify their own gender. i.e. If someone says she is a
woman, she should be treated as a woman.
- Discrimination
- Treating people unfairly or less favorably because they belong to a
particular group or category of people.
- Harassment
- In terms of anti-discrimination law, harassment is any form of behavior
that: you do not want; offends, humiliates or intimidates you; and targets you because of
your sex, pregnancy, race, age, marital status, homosexuality, disability, transgender
(transsexual) status or carers' responsibilities.
- Gender Role
- The expression of attitudes that indicate to others the degree of maleness
or femaleness. Gender role is the public expression of one's self.
- Gender Identity
- A person's innate deeply felt psychological awareness of themselves as male
or female, for most people this matches their physical body.
- Gender Attribution
- When we meet someone, we decide based on their appearance, mannerisms and
other cues, whether they are a man or woman or indeterminable.
- Transgender female
- Refers to an individual, born male, who identifies as, and now lives as a
female.
- Transgender male
- Refers to an individual, born female, who identifies as, and now lives as a
male.
- Intersex
- An individual who may have biological characteristics of both the male and
female sexes, or those whose biological sex cannot be classified as either female or
male.
- Transsexual
- One who has undergone sex affirmation surgery or genital reassignment
surgery.
- Cross dresser
- A person who dresses in clothing that society considers appropriate
exclusively for a member of the opposite sex. A person who sometimes wears clothing
associated with the opposite sex in order to have fun, entertain or gain emotional
satisfaction.
- Gender Assignment
- Refers to the assigning of sex at birth. In the majority of births, a
relative, midwife or physician inspects the newborn's genitalia, and usually sees apparent
male or female genitalia, and declares, "it's a girl" or "it's a boy"
without hesitation or uncertainty. The assignment is perceived as a recognition of an
essential aspect of this new human being, apparent to everyone. In nearly all cases, usually
without conscious deliberation, the parents rear the child as a member of the sex congruent
with the apparent genitalia.
- This is a socially accepted act, and is, in nearly all cases and all
societies, an act that seems a simple recognition of a simple biological reality. However the
usual act of assignment carries with it some conscious and unconscious assumptions, namely
that the external genitalia reflect other aspects of biological sex, such as internal
anatomy, gonads, hormones, and chromosomes.
- The act of assignment usually carries the implicit expectation that future
gender identity will develop in the sex of the anatomy, assignment, and rearing. In a
minority of cases one or more of these assumptions prove false. There have been rare
instances where parents (for a variety of reasons) have reared a biologically congruent child
as the opposite gender. More commonly, in the case of some transgender and intersex
individuals, gender identity does not simply follow the biological sex or gender of
rearing.
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Provision of suitable services to transgender clients is based on the following:
- Each homeless person seeking assistance has access to a service on the basis of
relative need and available resources;
- Each client has the right to a safe, secure and comfortable environment;
- The legal and human rights of each client are upheld, particularly in relation to the
prevention of sexual, physical and emotional abuse within
S.A.A.P.
services;
- Effective and efficiently managed services that provide maximum benefit to each
client regardless of their gender status;
- Transgender clients are given the same placement options as other clients;
- Transgender clients are addressed by their name and pronouns appropriate to their
chosen gender; and
- Staff acting in a way which is respectful to the rights of Transgender clients.
Examples of discrimination on the grounds of transgender status:
- Refusing to associate with or ignoring someone because they are transgender;
- Refusing to address the person in their acquired gender;
- Using inappropriate pronouns which contradict the persons identified gender;
- Failing to keep information about a person's transgender status confidential;
- Refusal to allow a transgender person to use the sanitary facilities of the gender
to which they identify;
- Treating a transgender person less favourably than others; and
- Use of derogatory pronouns such as "it" or "thing".
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Staff need to be aware of their own belief systems or prejudices which may impact upon the
accessibility of services to Transgender clients. Service policies for treating clients with
respect and sensitivity need to be upheld particularly if staff are challenged by their own
personal opinions.
Language is very important and workers should take particular care to address clients by their
identified gender. Male to Female clients are not to be called by their male given names or
referred to as "he", likewise Female to Male clients are not to be called by their
female given names or to be referred to as "she". Ask the client how they would like to
be addressed. For example, "what name would you like to be called" or "what
pronoun is appropriate". Use "she" for transgender women and "he" for
transgender men, "even if you are not in the client's presence". While mistakes do
occur, it is important that staff make real attempts to use the client's preferred name and
pronouns. When a mistake has occurred, staff should apologise to the client.
Remember to focus on care rather than questions of curiosity. Asking about one's transgender
status to satisfy your own curiosity is inappropriate if it is unrelated to care or service
provision.
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Staff should be aware of transgender client's safety needs and concerns.
Transgender clients are at particular risk of harassment and discrimination from other clients
and this needs to be monitored by staff effectively.
Staff should ask each incoming residential transgender client whether or not he or she has any
fears about safety while in the service. If so, staff should discuss ways of addressing these
concerns.
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All intake staff should be ready to talk with incoming transgender residents about their
privacy and safety concerns, and be aware that there may be greater safety issues for Transgender
clients.
Staff should cover the issues that generate problems and anxiety for the transgender client as
well as other clients of the service.
The intake conversation should be honest and frank. This this shows a willingness to discuss
issues openly and ensure a firm stance on policies which is often comforting as it shows that
there will be equitable enforcement of rules and of harassment with all clients regardless of
their gender status.
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2.1 Intake and Assessment
The purpose of intake is to identify each client's needs at first contact and to ensure as far
as possible that these needs are met. This can be done by ensuring that:
- Appropriate matching of client needs to service resources;
- Appropriate continuity of client care and management;
- Appropriate referrals are made within the agency and to external services;
- The client understands the nature of the service she or he is entering and of his or
her rights and responsibilities as a client of the this service; and
- Staff who have contact with individual clients have a responsibility in managing
client risk.
All staff manage risk according to their responsibilities and accountabilities.
Risk largely arises from client needs and behaviours and therefore requires a risk management
response that is tailored to the individual and their associated behaviours rather than and not
their gender identity. Essential items to be included into each agency's intake procedure for all
agencies are:
- Use of preferred name and title;
- Placement of housing;
- Privacy in showering and bathrooms;
- Safety concerns; and
- Confidentiality.
If a client has gender identity as a presenting issue the staff member should explore this
with the client on intake. Staff should refer the client to the Gender Centre for support and
counselling.
Intake Procedure
Staff are to inform clients during the intake process about special accommodation options
available at that the service for transgender clients.
If available, single room accommodation is to be offered to all transgender clients. However
if the transgender client indicates that shared accommodation among the same gender to which
they identify is acceptable, then this should also be offered to them (if available).
- Transgender clients with increased safety needs will be offered bed space closest to
night staff so clients can contact staff quickly for help if the need arises;
- Sleeping placements are to be based on the client's self-identified gender regardless
of whether or not they have had any surgery; and
- Clients are to be made aware on intake of all major service rules and conditions of
the service.
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Transgender clients have a special need for bathroom privacy.
There are valid safety concerns around being forced to use a bathroom without a door or
communal showering facilities. Having one's body exposed because a bathroom does not have a stall
door could precipitate a violent assault for anyone, not just a transgender client.
Staff are to inform all incoming clients about the placement of different bathrooms and
showers, including whether or not there are any private bathrooms and showers, and whether or not
they are lockable.
Staff are to ensure that at least one shower can be made available to clients that affords
total privacy; and Transgender clients are to be provided with access to suitable toilet
facilities of the gender with which they identify.
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While it may seem like only teasing, transgender people know that verbal harassment may
escalate into the very real threat of physical harassment and assault.
Staff have an a responsibility and obligation to intervene should harassment occur, and ensure
that such behaviour cease immediately.
Procedure for staff to follow when harassment occurs
Staff are to intervene if they observe or have reported to them any occurrences of harassment
of clients. If harassment continues despite the staff member addressing the issue, the agency
needs to follow their procedure for service users who break agency rules.
Concerns should be reported to their direct supervisor for assistance and support in managing
the situation and ensuring that support is provided to the client being harassed.
- Report the incident using standard reporting procedure's;
- Staff to inform all residents and service users that this service does not tolerate
harassment of any kind;
- Staff are to ensure the safety of the transgender client;
- Staff to monitor the situation on a regular basis; and
- Staff to consider and monitor potential retaliatory actions by other clients when
transgender clients make complaints of harassment.
Client complaints
All clients should be made aware of their rights to complain and should fully understand the
complaints procedure.
Clients have a right to complain about the service they are receiving without fear of
retribution. (Staff should be made aware that some transgender clients might be fearful of
complaining due to fear of service termination). Staff should take steps to ensure that the client
feels comfortable to continue accessing the service after making a complaint.
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3.2 Intervening in client harassment
or discrimination towards Transgender clients
Stereotypes of transgender people can inaccurately portray transgender people as dangerous and
abusive.
It is important to focus on a client's behaviour, and not assume that one person is more
likely to harm others just by looking at them. By focusing on inappropriate behaviour that is not
allowed from anyone and enforcing those rules if they are violated, you can balance the needs of
everyone involved without discriminating against transgender clients.
As a worker, it can sometimes be challenging to intervene when clients are being
discriminatory or harassing a transgender person. Comments like (for transgender women)
"he's a man dressed up like a woman", "this is a women's only space and you let
men in here", "I don't feel safe, because they are really a man", can be difficult
to address, however it is your responsibility as a worker to ensure that all clients who access
your service are safe.
If you hear clients having these types of discussions or if they are directly asking you these
types of questions it is important to stress your agency's policy on safety and respect for
everyone and stop those types of conversations. Remember:
- Transgendered women are not men;
- It is disrespectful to talk about a transgender client in this manner (i.e. Referring
to them as "he")
- It is unsafe if clients are enticing other clients to develop discriminatory
attitudes and language towards a transgender client. This can also make the transgender
client feel unwelcome at the service.
If the client continues the behaviour, follow your agency's policy regarding clients who don't
follow service rules.
If specific residents say they are unwilling to live with a transgender person, staff should
have a conversation with them. The residents need to understand that the homeless shelter is a
community where everyone is to be welcomed and respected. The shelter can deal with this problem
the same way it would deal with a situation where a resident did not want to sleep near a person
with a disability or a person of a different religion.
If a female resident feels unsafe because of their own history of assault, have a private
discussion with this resident about why she feels unsafe.
This conversation can cover the fact that the shelter welcomes all types of women that are not
safe on the street, and that there are no men in the shelter (transgender women are not men).
The concerned guest should also be told that the shelter has strict rules about inappropriate
behavior like assault, and she is assured that staff enforce this rule at all times.
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3.3 Privacy and Confidentiality
Like all clients, transgender people a need to be told that all personal information is
considered confidential, including whether or not they are transgender.
The client's rights to confidentiality are protected in a number of ways and; clients should
be informed about these rights on intake.
To ensure that your service is of appropriate quality and meets the
S.A.A.P. standards,
the following policy has been developed for client records:
Procedures for maintaining confidentiality
- Information regarding clients is kept in a locked filling cabinet;
- This information should only be accessible to the coordinator and staff working
directly with the client;
- A file be created for each individual client following intake;
- Staff members are prohibited from discussing client matters inappropriately;
- Information kept is only to include information necessary for the provision of
service; and
- Information should be non-intrusive, as objective as possible, relevant and
up-to-date.
Client information can only be passed on to other agencies when necessary and should be done
with informed consent of the client. Client to sign the release of information form; and prior to
discussing a client with another service provider, you should clarify how they wish to be known
and referred to in such a discussion. Some boarding house clients find it safer to use their male
name and pronouns, even though they identify as female.
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The Gender Centre Inc.
7 Bent Street, Petersham N.S.W.. 2049
Phone: (02) 9569 2366, Fax: (02) 9569 1176
Web: www.gendercentre.org.au Email: reception@gendercentre.org.au
Anti–Discrimination Board
Level 4, 175–183 Castlereagh Street, Sydney N.S.W.
2000
Phone: (02) 9268 5544, Fax: (02) 9268 5500
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