Trans Doctor Involved in UK Gender Row Now Faces Scrutiny in Australia

A transgender doctor who relocated to Australia after a tribunal case in the UK is now reportedly at the center of another gender-related incident at a hospital in New South Wales. Dr. Beth Upton, who now goes by Lis, has been named in an alleged incident at Port Macquarie Base Hospital where a female patient reportedly refused treatment from the doctor.

According to reports, the patient's family claimed that fears of her being "bullied" into accepting the doctor as female led her husband to remain by her bedside. Australian women's rights campaigners have called for an investigation into the incident, citing concerns that the country's health regulator had listed Upton's sex as female. Under Australia's self-identification laws, transgender doctors are not legally or professionally obligated to disclose their gender history or trans status to patients.

The incident at Port Macquarie Base Hospital reportedly occurred when a middle-aged woman was admitted and expressed concern after recognizing the doctor as male. Other hospital staff became involved, and a friend of the patient stated, "Her husband stayed the whole time she was in to make sure they didn’t bully her into accepting treatment."

Rachael Wong, CEO of Women's Forum Australia, urged the New South Wales health minister to investigate why a patient felt the need for protection to ensure her wish for treatment by a female doctor was respected. Wong also questioned the assessment made by the Australian Health Practitioner Regulation Authority (AHPRA) regarding Upton's assertion, made under oath at a previous tribunal, that she would treat women who had specifically requested a female doctor. Wong added that this allegation brings into sharp focus concerns raised in April about whether women's boundaries and consent would be respected in Australian hospitals after AHPRA registered Upton as a female doctor.

Sall Grover, a Queensland businesswoman, commented that a doctor who refuses to acknowledge biological sex places themselves and their patients in a precarious position, suggesting the situation could be perceived as "sinister" if done to validate the doctor's identity.

A hospital staff member reportedly noted that Upton's move to Australia was facilitated by laws that regard her as a woman, suggesting it was "only a matter of time before an allegation like this was made." Conversely, other colleagues at the 228-bed hospital have reportedly been welcoming, with one nurse stating, "Lis is lovely. Everyone loves her."

Dr. Upton, a graduate of Dundee University's medical program, moved to Australia after an employment tribunal in Dundee last year involving NHS Fife nurse Sandie Peggie. In that tribunal, Dr. Upton denied being male, called biological sex a "nebulous dog whistle," and stated she would treat women who requested a female doctor. The tribunal ultimately ruled that NHS Fife had harassed Nurse Peggie by allowing Dr. Upton to use the female-only changing room at Victoria Hospital.

Unlike UK law, which was clarified by the Supreme Court in the For Women Scotland ruling, Australia's anti-discrimination legislation permits biological males who identify as women to access female-only spaces. This contrasts with the UK ruling that biological sex is a protected characteristic.

Dr. Upton began working at Port Macquarie Base Hospital's emergency department in April, four months after leaving the NHS. The doctor, along with wife Zoe, has settled in the coastal community. Dr. Upton, a field hockey goalkeeper, has also taken on a role umpiring hockey games. The medic received assistance from the hospital in securing a visa for the position, which reportedly pays $110,000 a year.

Meanwhile, Nurse Peggie, 56, faces potential income loss as her sick pay is understood to run out in January. She has been off sick while appealing against NHS Fife following her partial tribunal win. NHS Fife reportedly spent approximately £220,000 defending both Upton and itself during the tribunal.

The Mid North Coast Local Health District, which oversees Port Macquarie Base Hospital, stated that it does not comment on matters relating to individual staff members. Margaret Gribbon, the lawyer representing Mrs. Peggie, also declined to comment.