Kids’ gender-affirming care pause was a cabinet call, says Crisafulli

The news

Queensland Premier David Crisafulli has conceded the January decision to indefinitely pause new gender-affirming care for young people in the public health system was a decision of his cabinet.

Crisafulli also declared he “can’t recall” whether he raised the decision in a meeting with Queensland Health Director-General David Rosengren the week before the direction was made.

Premier David Crisafulli and his cabinet have been accused of “overruling” Queensland Health.Credit: Jamila Filippone

The pause prompted a legal challenge from a trans teen’s mother, who said evidence had emerged showing the director-general acted unlawfully by implementing the ban at the request of cabinet, and without sufficient consultation.

Why it matters

The pause on new hormone treatments statewide was based on a three-page document with allegations of “apparently unauthorised” services to 42 paediatric patients in Cairns.

Under Queensland law, the power to issue such a direction lies with the director-general and requires consultation. This took the form of a 21-minute video call at the time of the announcement.

Critics have accused the government of making the call for ideological reasons, rather than on evidence, after a recent statewide external evaluation viewed the Queensland Children’s Gender Service favourably.

What they said

Greens MP Michael Berkman used Tuesday’s estimates hearing to quiz Crisafulli about a meeting with Rosengren one week before Health Minister Tim Nicholls’ announcement.

Asked whether he discussed the looming pause with Rosengren, Crisafulli said he could not recall.

“But I will say this to the Member, just so the Member’s under no illusions about my role in that [decision] – that was a decision taken by cabinet,” Crisafulli said.

Another perspective

LGBTI Legal Service president Ren Shike said Crisafulli’s comments “went to the heart” of the case that the non-profit community legal centre lodged on behalf of the affected child’s mother.

“The health directive restricting care was an improper exercise of power,” Shike said in a statement.

“The decision to issue health directives should not be a political decision, but a healthcare decision. Cabinet’s decision has had critical impacts on trans and gender diverse young people and should have been made through the proper process.”

Berkman later accused Crisafulli and his cabinet of “overruling” Queensland Health – a characterisation the premier’s office declined to respond to.

“The LNP has inserted its political agenda into what should be a decision for patients and health professionals, and the premier doesn’t even remember how it happened,” he said in a statement.

What’s next

Restrictions around identifying the child at the centre of the case underpinning the Supreme Court’s review of the government’s decision mean public access to the case is limited.

At this stage, a hearing is scheduled for October.

An independent review of the state’s use of puberty suppression and gender-affirming hormones for children and teens with gender dysphoria will report to Rosengren by November 30.

This review, ordered by Nicholls, is separate to a federal government-initiated review by the National Health and Medical Research Council.

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