Australia’s first ban on puberty blockers for young transgender patients has been overturned in a landmark court battle.
The Queensland government had put a freeze on use of contentious medical treatment, but the Supreme Court ruled on Tuesday that temporary ban be lifted and access to the drugs restored.
Queensland Supreme Court Justice Peter Callaghan handed down his judgement on Tuesday which determined that the ban did not meet legal requirements.
The mother of a trans teenager who was unable to access hormone therapy launched legal action after Queensland, in January, became the first state to ban hormone treatments for children diagnosed with gender dysphoria.
The LGBTI Legal Service had sought a judicial review by the Queensland Supreme Court to determine if the decision was lawful.
That review agreed the ban was invalid because Queensland’s health service did not have an opportunity to make an independent decision with proper public consultation.
‘The only way that was argued that (the Queensland Health CEO) complied with this requirement is by reason of a videoconference which lasted for about 22 minutes,’ Justice Callaghan said.
The judgment emphasised that lifting the ban was based solely on ‘the legal requirements that attend any decision of this nature’, and was not making any ruling on the arguments for or against puberty blockers.
Australia’s first ban on puberty blockers for young transgender patients has been overturned in a landmark court battle
The Queensland government had put a freeze onpuberty blockers but the Supreme Court ruled the ban did not meet legal requirements
Health Minister Tim Nicholls responded to the ruling at a media conference on Tuesday.
Mr Nicholls said the government’s position remained ‘unchanged’ and that he would consider re-instating the pause.
‘I will be considering the implications of doing so over the next little period of time,’ he said.
‘The government’s position remains unchanged.
‘This direction, should I consider it appropriate, would implement a restriction on the provision of Stage 1 treatment and Stage 2 treatment to children and adolescents under 18 years of age with gender dysphoria.
He added patients already on treatment plans would be exempt from the possible directive.
Mr Nicholls said maintained confidence in his director-general despite the court’s judgement.
‘The reasons for the decision, as his honour states, are clearly procedural,’ he said.
Health Minister Tim Nicholls said the government’s position remained ‘unchanged’
Pictured, woman holding a sign which read ‘trans youth deserve to thrive’ outside the Supreme Court of Queensland in Brisbane
‘They do not go to the merits of the actions that were taken in respect to the health service directive issued by the director-general.’
Queensland’s Liberal National government introduced the ban amid claims puberty blockers had been given to children as young as 12 without authorised care.
Hormone therapies are no longer accessible to the state’s new patients aged under 18 as the government awaits the result of a review into the treatment.
Lawyers for the mother argued Queensland Health’s director-general David Rosengren improperly exercised his power in suspending the treatments.
They claim the decision was not based on medical evidence, but at the behest of the conservative LNP government.
Barrister Mark Steele had argued there had been clear and direct interference in the decision by the LNP government.
Queensland Health previously argued discussion to ban puberty blockers began in December, weeks before the decision was made public and was based on Dr Rosengren’s advice.
The matter was adjourned on Tuesday for submissions on costs later in the day and a final wording of the orders to be handed down.
