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The mother of a transgender teenager has takes legal action in the Supreme Court against the state government

The mother of a transgender teenager has launched legal action against the Queensland Government over its stance on hormone therapies for new public patients under 18.

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The mother of a transgender teenager has launched legal action in the Supreme Court against the Queensland Government after they paused cross-sex hormones for children under the age of 18.

Following explosive claims in January 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.

It meant stage one and two hormone therapies would be immediately paused for new public patients under the age of 18 at Queensland Health facilities.

Existing children patients were exempt from the ban.

On Tuesday a mother filed an application in the Brisbane Registry which maintained the government’s decision was an improper exercise of power, and is seeking a review from the courts to have the decision quashed.

The mother, who cannot be named due to an anonymity order, is being represented by Matilda Alexander from LGBTI Legal Service who said the decision failed to follow the process required under Administrative Law.

Health Minister Tim Nicholls in January announced no medication would be administered until a full investigation into the use of the hormones across the state was completed. Picture: John Gass
Health Minister Tim Nicholls in January announced no medication would be administered until a full investigation into the use of the hormones across the state was completed. Picture: John Gass

“The process did require consultation, and that is one of the grounds for our application is that the procedure required by law for consultation was not complied with,” Ms Alexander said.

“This directive has wide ranging implications and goes far beyond any allegations of any improper conduct in any particular hospital or health setting, this affects every transgender child on that waiting list who was waiting for this medical care that is truly life saving.”

Ms Alexander said the application outlined that the state government acted unlawfully and outside its powers by disrupting access to vital healthcare for Queensland children.

It also said the government’s decision unfairly singles-out children experiencing gender dysphoria, while still allowing other children to lawfully and freely access the same treatments through the public health system.

The mother of the transgender teen said the government should not have made personal decisions about the private medical care of a child.

The Brisbane Supreme Court. Picture: NCA NewsWire/Tertius Pickard
The Brisbane Supreme Court. Picture: NCA NewsWire/Tertius Pickard

“This is the most intimate and private matter for my family and yet these politicians, who have never even seen or spoken to my child, are telling me how to be her mum,” she said.

“How can they possibly make such a personal decision about the private medical care of a child they have never met and whose experience of growing up is so different to their own.”

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

A Queensland Health spokesperson said they were aware of the application filed and due to the matter being before the court the department would not comment further.

Originally published as The mother of a transgender teenager has takes legal action in the Supreme Court against the state government

Original URL: https://www.themercury.com.au/news/queensland/the-mother-of-a-transgender-teenager-has-takes-legal-action-in-the-supreme-court-against-the-state-government/news-story/7e036c26a0815710d7ecc7212d0cefd4