Puberty blockers: Qld could be at centre of hundreds of court cases

Queensland could find itself at the centre of hundreds of court cases over the State Government’s decision to pause gender-affirming hormones for children.

Premier David Crisafulli (front) with Health Minister Tim Nicholls

The state government’s decision to pause cross-sex hormones for children could result in a tsunami of court cases, a group of high-profile mental health experts, scientists, churches and lawyers warn.

Professor Patrick McGorry, a former Australian of the Year, and Professor Ian Hickie, co-director of the University of Sydney’s Brain and Mind Centre, Anglicare and Wesley Mission are among 100 high-profile individuals and organisations who have written to Premier David Crisafulli voicing their concern over the breach of a clause in the Human Rights Act that is specific to Queensland.

At least 500 children are waiting for puberty blockers and gender-affirming medication in the state health system.

Queensland is one of only three states in Australia to have enacted a Human Rights Act, and is the only state to include “the right to access health services without discrimination”.

The email warned Mr Crisafulli that the decision last month to pause chemical gender intervention might be incompatible with human rights, and the government had not given sufficient proper consideration of human rights, contrary to the Human Rights Act 2019.

Following a report in The Courier-Mail that children at Cairns Sexual Health Clinic had been given puberty blockers and cross-sex hormones without the required specialists’ input and parent permission, Health Minister Tim Nicholls announced no medication would be administered until a full investigation into the use of the hormones across the state was completed.

The directive was not set to be reviewed until January 28, 2026.

Former Australian of the Year Professor Patrick McGorry

Prof McGorry told The Courier-Mail: “Governments should not be intruding into an area which requires expert clinical decision-making based on the best available scientific evidence.

“The medical care of young people should not be distorted by unhelpful culture wars.”

Queensland Council of Social Service acting CEO Annette Schoone said denying a small and vulnerable cohort of Queenslanders essential healthcare services was unnecessarily cruel.

“We call on Queensland Premier David Crisafulli to meet with patients and families impacted by this decision and reverse the ban on this vital health service immediately,” she said.

Griffith Law School professor Sarah Joseph said the directive was likely a breach of the rights of children to health care, the rights to privacy and autonomy and the right to be free from inhuman and degrading treatment.

“Denying essential medical care to trans young people is not just harmful; it may be unlawful,” she said.

Equality Australia’s Brisbane-based legal director Heather Corkhill said children had human rights, including the right to make medical decisions once they were mature enough to understand the implications of their decisions, and this was well-established in law.

“Withholding gender-affirming care goes against expert medical advice, the state’s human rights laws, and Queensland’s recent independent review, which confirmed these services are safe and evidence-based,” she said.

A government spokesman said the decision to pause hormone therapy for children while an independent review was conducted put the health and wellbeing of Queensland children first.

University of Sydney Brain and Mind Centre co-director Professor Ian Hickie

Originally published as Puberty blockers: Qld could be at centre of hundreds of court cases