Transgender Doctor Involved in UK Gender Row Faces New Scrutiny in Australia
A transgender doctor, who moved to Australia after a tribunal case in the UK, is reportedly at the center of a new controversy involving a patient's refusal of treatment from the medic.
Dr. Beth Upton, now known as Lis, a transgender doctor who relocated to Australia after a high-profile employment tribunal in Scotland, is reportedly involved in a new gender-related incident at a New South Wales hospital. The situation involves a female patient who allegedly refused treatment from Upton, citing concerns about the doctor being biologically male.
According to reports, the patient's family claimed the woman feared being "bullied" into accepting treatment from Upton, leading her husband to remain by her bedside throughout her hospital stay. Under Australia's self-identification laws, transgender doctors are not legally or professionally required to disclose their gender history or transgender status to patients.
In a Dundee employment tribunal last year, brought by NHS Fife nurse Sandie Peggie, Dr. Upton reportedly denied being male, described biological sex as a "nebulous dog whistle," and stated that she would treat patients requesting a female doctor. Upton began working at Port Macquarie Base Hospital's emergency department in April, four months after leaving the NHS.
The alleged incident occurred when a middle-aged woman was admitted and expressed concern after recognizing the doctor as male. Other hospital staff became involved.
Women's rights advocates in Australia have called for an investigation into the incident. Rachael Wong, CEO of Women's Forum Australia, stated that a hospital patient should not have to defend their boundaries from healthcare providers. Wong urged the New South Wales health minister to investigate why the patient felt the need for her husband's protection to ensure her wish for treatment by a female doctor was respected. She also called for an explanation from the Australian Health Practitioner Regulation Authority (AHPRA) regarding assessments of Upton's assertion under oath and safeguards for female patients.
Sall Grover, a Queensland businesswoman who previously lost a legal battle after refusing to allow a transgender woman on her female-only social media platform, commented that a doctor who does not acknowledge biological sex places themselves and their patients in a precarious position. She suggested that if this is done to validate the doctor's identity, it makes the situation "sinister."
A hospital staff member reportedly commented that Upton's move to Australia was likely due to the country's laws, where the doctor is regarded as female. However, another colleague described Lis as "lovely" and welcomed by staff.
Dr. Upton and her wife, Zoe, have relocated to the coastal community where the doctor also works as a hockey umpire. The medic secured a visa with the hospital's assistance for the approximately $110,000-a-year post.
Meanwhile, Sandie Peggie, who partially won her tribunal case, faces the end of her sick pay in January as an appeal against NHS Fife continues. The tribunal had ruled that NHS Fife harassed Peggie by allowing Upton to use female-only changing rooms at Victoria Hospital. Unlike UK law, which has been clarified by the Supreme Court, Australia's anti-discrimination legislation permits individuals who identify as women to access female-only spaces.
The health authority overseeing Port Macquarie Base Hospital declined to comment on matters related to individual staff members. Peggie's lawyer also declined to comment.