Queensland Govt Swiftly Reinstates Trans Healthcare Ban Hours After Supreme Court Win

In a shocking reversal, the Queensland Government has reimposed its ban on gender-affirming healthcare for new trans and gender-diverse patients under 18 — just hours after the Supreme Court ruled the original directive was unlawful.

Health Minister Tim Nicholls issued the fresh ministerial direction on Tuesday afternoon (October 28), pausing stage one (puberty blockers) and stage two (gender-affirming hormones) for all new patients under 18.

The move came just six hours after Justice Peter Callaghan handed down his written judgment, setting aside the earlier ban introduced in January by Queensland Health Director-General Dr David Rosengren.

In his 14-page decision, Justice Callaghan accepted arguments that Dr Rosengren’s directive was unlawful because it was made “without adequate consultation and at the direction of Mr Nicholls.”

But he made clear the ruling was about process, not clinical appropriateness — and left the door open for the Health Minister himself to issue the new directive.

“The power to issue a direction to the services is not exclusive to the chief executive,” Justice Callaghan wrote. “The Minister may give a service a direction if he is satisfied it is necessary to do so in the public interest. However, if the Minister gives a direction, it must be in writing and published in a way that allows it to be accessed by members of the public.”

Within hours, that’s exactly what happened. Mr Nicholls told Parliament the new directive would remain in place “while an independent review of gender services is completed,” expected by the end of November. He emphasised the Court had not ruled against the pause itself, only the way the earlier decision was made.

“I am satisfied it is necessary in the public interest that I give this written directive to the Hospital and Health Services with immediate effect,” Mr Nicholls wrote.

“This direction operates on and from 28 October 2025.”

Court initiall overturned trans youth healthcare ban

The legal case was brought forward by the mother of a transgender child earlier this year, challenging the January directive issued by Queensland Health Director General Dr David Rosengren, that had frozen gender-affirming healthcare for new patients under 18.

Yesterday, the mother and her legal team won what was a “exhausting” David and Goliath battle, with Supreme Court setting aside the directive.

Justice Callaghan ruled the directive invalid because it was made under political instruction and without proper consultation with the state’s hospital and health services — including what was described as a brief 22-minute Teams meeting held as the Minister was announcing the policy publicly.

The Court’s decision was hailed as a “historic victory” by advocates, with many families expressing relief that their children’s right to access evidence-based healthcare had been upheld.

In a statement after the initial win, LGBTI Legal Service solicitor Matilda Alexander said the government had “acted beyond the scope of its powers in what amounted to a significant and unjustified overreach into the private and deeply personal medical decisions of families.”

“The judge found in our favour on all three grounds – that consultation was inadequate, that the Director-General acted under ministerial direction, and that irrelevant factors were taken into account,” said Alexander.

“The government has demonstrated a troubling willingness to disregard the rights and responsibilities of parents, and to deny young people access to safe, evidence-based medical care that remains available in every other state and territory across Australia.”