New Legal Action Launched Against Queensland Govt’s Trans Healthcare Care Ban

The Queensland government is facing yet another legal challenge against its ban on gender-affirming care for transgender adolescents, a little over one month since the Supreme Court overturned the ban in October.

The LGBTI Legal Service last week filed an application in the state’s Supreme Court to clarify the ministerial directive made to immediately pause stage one (puberty blockers) and stage two (gender-affirming hormones) for all new patients with gender dysphoria under 18 in the public health system.

Health Minister Tim Nicholls reissued the ministerial direction in October, only hours after the Queensland Supreme Court Justice Peter Callaghan handed down a written judgment setting aside the ban first introduced in January by Queensland Health Director-General Dr David Rosengren.

Expected to be heard next month, this new action sees the same mother who issued the first legal challenge argue that her daughter, who was receiving gender affirming care privately earlier this year, is no longer a “new patient”.

“Despite this, our client has been refused care in the public health system because of the Ministerial Direction,” said the LGBTI Legal Service in a statement on Monday.

“We are asking the Supreme Court to make orders that “new patient” doesn’t include anyone under 18 who received gender affirming care before 28 October 2025, including our client. 

“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.”

Nicholls’ directive failed to be “clear and unambiguous”

When Nicholls introduced the ban at the start of the year, 491 children with gender dysphoria had been awaiting gender affirming care, some for months and years.

A case, launched earlier this year, challenged the January directive issued by Dr Rosengren, arguing that it was invalid because it was made under improper political direction from the Health Minister and without the legally required consultation with affected health services.

“The ministerial direction was made with lightning speed but, yet again, was made without input from trans young people and their parents, and without and without consulting anyone with expertise in treating trans young people,” said the trans girl’s mother, who is unable to be identified.

Only seven hours after the Supreme Court overturned the ban, Minister Nicholls issued a new directive, with the mother saying that time “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.”