Qld politics: Doubt cast on legality of kids’ trans treatment ban

The legality to put a ban on puberty blockers has been scrutinised after the state government undertook just 21 minutes of consultation. VOTE IN OUR POLL

Health Minister Tim Nicholls last week. Picture: John Gass

The state government undertook just 21 minutes of internal consultation before announcing a ban on puberty blockers, a window so small it has raised the legality of the move.

But Premier David Crisafulli is adamant it won't be an issue.

A Question on Notice to Parliament has revealed the Department of Health had internal consultation on January 28 between 10am and 10.21am, all while Health Minister Tim Nicholls was making the announcement to pause cross-sex hormones for children under the age of 18.

The decision by Mr Nicholls means no new children patients can get stage one and two hormone therapies at Queensland Health facilities – and will remain in effect until the completion of a broader review.

Existing child patients were exempt from the ban.

Greens MP Michael Berkman, who posed the questions, said he felt that Mr Nicholls and Queensland Health director-general David Rosengren had left the door open for a barrage of litigation.

“There’s a legislative requirement to consult with every HHS (hospital and health service) before making this health service directive – a serious decision about children’s healthcare,” Mr Berkman said.

“How can this requirement possibly be satisfied by a Cabinet decision followed by a 21-minute discussion?”

The meeting with hospital and health service officials began at 10am, but just six minutes later Mr Nicholls addressed the media to announce the ban and when Queensland Health’s meeting concluded at 10.21am, the media conference was still ongoing.

Greens MP Michael Berkman

At 10.58am the final version of the directive was issued to all Queensland Health services.

Premier David Crisafulli on Sunday brushed off concerns surrounding the legality of the move, arguing it was taken with the safety of children in mind.

“The one thing I will do is I won’t seek to weaponise this as an issue, other than to say that we took a decision based on the safety of children, and that will always be our decision,” he said.

“I think it’s fair and reasonable the decision that we’ve taken, it’s been done in a very sober way, and the decision has been taken and the review has been engaged with people who are truly independent.”

Under section 48 of the Hospital and Health Boards Act 2011, the director general must consult with a service in developing a health service directive that applies to it.

On May 6 the mother of a transgender teenager launched legal action in the Supreme Court against the government to overturn the ban.

Matilda Alexander from LGBTI Legal Service, which is representing the mother, told The Courier-Mail the lack of sufficient consultation was one of the arguments in the application.

“The law requires consultation and our application says that did not happen,” Ms Alexander said.

A Queensland Health spokesman, on behalf of both Dr Rosengren and Mr Nicholls, declined to comment due to the matter being before the courts.

Originally published as Qld politics: Doubt cast on legality of kids’ trans treatment ban