Queensland Health puberty blocker, hormone treatment ban unlawful, court rules
Tim Nicholls has used his extraordinary powers to continue a statewide ban on puberty blockers, just hours after the original directive was ruled unlawful.
Health Minister Tim Nicholls has used his extraordinary powers to reissue a statewide ban on puberty blockers – seven hours after a Supreme Court slammed the government for unlawful overreach.
Under the reissued directive the Minister did not need to outline why he believed gender dysphoric children not already being treated with puberty blockers shouldn’t be able to access them through the public health system, only that he believed it was “in the public interest”.
The move came after Supreme Court Justice Peter Callaghan SC, in a landmark decision just before midday on Tuesday, ruled the government’s initial puberty blocker ban was made unlawfully.
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He deemed the amount of consultation undertaken by Queensland Health director-general David Rosengren in the lead-up to the January 28 directive – a 22-minute online meeting with health service bosses – insufficient.
The rebuke by the Supreme Court is the first high-profile admonishment of the Crisafulli government’s decision-making since it took office last year.
It also came on the same day Mr Nicholls faced accusations he had not delivered an ambulance ramping road map as promised, as the corruption watchdog confirmed the botched appointment of Krispin Hajkowicz as chief health officer had escalated to a full investigation.
Justice Callaghan said the 22-minute meeting “had every hallmark” of an occasion convened for Dr Rosengren to announce the directive was “what is going to be done”.
In his decision, he had pointed out the minister could have from the start simply issued his own directive “in writing and published in a way that allows it to be accessed by members of the public” rather than through Dr Rosengren.
“There can be in this case no suggestion that the minister was trying to circumvent the requirement of (Hospital and Health Boards) Act,” he said.
“On the contrary, rather than suggest this was a suggestion of the chief executive, the minister could not have been more open about his intentions, nor more insistent on his ownership of the decision.”
The Supreme Court action against the state government was brought by the mother of a transgender child, with the woman calling on Premier David Crisafulli to stop using trans kids as “political footballs”.
She said the speedy move to reissue the directive shows this was “clearly a political decision”.
“My child’s medical treatment was ultimately decided by the government, with no input from anyone with expertise,” the mother said.
“I don’t know any Queenslander who would want decisions about their child’s medical care being made by politicians.
“The Premier says he wants to keep kids safe.
“There is nothing safe about denying a child their right to expert medical care, or telling parents they don’t know what’s best for their children.”
Mr Nicholls, in a statement shortly after the court ruling, said the government’s position on puberty blockers remained unchanged and that “we owe it to children to ensure care is grounded on solid evidence and we act with caution”.
“The Supreme Court was concerned with the treatment, with the circumstances of making the directive, not whether a pause on stage one treatment or stage two treatment was appropriate,” he said. “The government’s position remains unchanged.”
By 6pm on Tuesday evening Mr Nicholls had reissued the directive.
LGBTI Legal Service president Ren Shike said the organisation would be monitoring the situation closely, and review any decisions made by the minister.
“There does not appear to be any evidence to suggest banning care is in the public interest,” they said.
LGBTI Legal Service patron Matilda Alexander said any consultation or review which did not include voices with experience missed the depth and expertise it needed to make the right decisions.
“The ban on gender affirming care has caused so much pain and so much suffering for children in Queensland,” she said.
Opposition Leader Steven Miles accused Mr Nicholls of rejecting the advice of experts and called for him to be “held accountable”.
“Ministers should be lawmakers, not lawbreakers,” he said.
Mr Nicholls’ puberty blocker ban will remain in place “until such time as the government considers and acts on the outcomes of the independent review of Stage 1 and Stage 2 hormone therapies”.
The review, led by Professor Ruth Vine, will provide a final report to Dr Rosengren by November 30, though the government hasn’t said how quickly they’ll act on the recommendations.
The restriction relates to new patients seeking stage 1 and stage 2 treatment for children under 18 years of age with gender dysphoria. Patients who are already on a treatment plan would remain exempt from the directive.
Originally published as Queensland Health puberty blocker, hormone treatment ban unlawful, court rules
