Legal challenge claims loophole in puberty blocker ban could reopen treatment for hundreds

Lawyers argue a loophole in Queensland’s rushed puberty blocker ban could allow hundreds of transgender children to access treatment again through the public system.

Health Minister Tim Nicholls on Sunday. Picture: Annette Dew

A loophole left by the state government when rushing to reinstate a statewide ban on puberty blockers has opened the door for potentially hundreds of children to receive treatment again.

Children undergoing stage one and two hormone therapy who were initially captured under the first ban in January and moved to the private system should now be allowed to receive treatment in the public system, the LGBTI Legal Service has argued.

An application for declaratory relief has been filed in the Supreme Court on behalf of a transgender teenager, who alongside their mother, previously took on the government after they paused cross-sex hormones for children under the age of 18.

The case was heard in October and it was ruled the government’s initial puberty blocker ban in January was made unlawfully.

Seven hours after the ruling, Health Minister Tim Nicholls reimposed the ban, and lawyers say the rushed move effectively replicated the original order — meaning any “new patients” caught by the current ban should only be counted from October 28.

LGBTI Legal Service representative Matilda Alexander said: “Our client is not a ‘new patient’ under the ministerial direction, because she received gender-affirming care privately in response to the restrictions imposed by the directive issued on January 28, 2025.

“Nor, however, is she a current patient under the ministerial direction.

They have asked the Supreme Court to make orders that “new patient” doesn’t included anyone under 18 who received gender affirming care before 28 October 2025.

“If the Supreme Court does this, it will pave the way not only for her to receive gender affirming health care from the Queensland Children’s Gender Clinic, but for numerous other trans young people in similar circumstances,” Ms Alexander said.

In February at least 500 children were waiting for puberty blockers and gender-affirming medication in the state health system.

The mother of the trans child said the second directive was made at “lightning speed”.

“Seven hours wasn’t even long enough for the Minister to prepare a direction that was clear and unambiguous, let alone adequately consider all of the issues,” she said.

A discrimination and human rights case filed by the LGBTI Legal Service is ongoing.

It comes as the government continues to sit on the independent review of stage-one and two hormone therapy, which was handed down more than a week ago.

The ban is set to remain in place until the government “considers and acts” on the outcomes of the review led by Professor Ruth Vine.

Premier David Crisafulli and Mr Nicholls have refused to say when they will release the findings publicly.

Originally published as Legal challenge claims loophole in puberty blocker ban could reopen treatment for hundreds