Supreme Court Overturns QLD Govt’s Ban on Trans Healthcare For Youths

The Queensland Supreme Court has passed down their judgement on the state government’s temporary ban on gender affirming healthcare for trans youth, which overturns the government’s ban.

The courtroom was packed with supporters of trans rights and LGBTQIA+ rights, as Judge Peter Callaghan handed down his 14-page decision.

The case was brought forward by the mother of a transgender child earlier this year, and challenges the January directive issued by Queensland Health Director General Dr David Rosengren, which prohibited access to puberty blockers and hormone therapies for new patients under 18 in Queensland.

Another snap rally was held outside the Supreme Court today, organised by Magandjin People’s Pride, Trans Justice and other community groups.

 

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“Health minister, Tim Nicholls, is playing with kids’ lives,” spokesperson Piper Valkyrie told Star Observer last week. “When he announced this ban, he did it without any consultation, without any scientific or evidence based backing, on a claim that still hasn’t been authenticated at all.”

“491 kids who have been waiting for treatment for months, or even years, suddenly [lost] access to that, and for trans youth, that can be so devastating, when rates of self harm and suicide are high.”

“It’s appalling that a mum has needed to sue the government just to get healthcare for her child,” Trans Justice Australia campaigner Jodie Hall told the rally. “This is an important case for the entire trans community.”

Speaking outside court, the mother who brought forward the case said she was “just exhausted”.

“I am incredibly relieved,” she told media. “I’m so pleased not just for my own kid but for all the other trans kids affected by the ban.”

She has previously described the legal battle as “shattering” for her family.

Trans healthcare ban: Arguments heard that decision was rushed, without proper consultation

On October 22, the Queensland Supreme Court heard arguments that the state government’s temporary ban on gender affirming healthcare for trans youth may be unlawful.

It follows claims of “political interference” and a failure to properly consult health executives before the decision was made.

The arguments were heard during a case, launched earlier this year, that challenges the January directive issued by Queensland Health Director General Dr David Rosengren, which prohibited access to puberty blockers and hormone therapies for new patients under 18 in Queensland.

Her legal team argued that the directive was invalid because it was made under improper political direction from Health Minister Tim Nicholls and without the legally required consultation with affected health services.

The court heard that Dr Rosengren was required by law to consult with service executives “in developing a health service directive” before issuing the order on January 28. Lawyers said that consultation had not properly occurred, and instead, the process was rushed to coincide with the Minister’s announcement.

Mark Steele KC, representing the mother, told the court that the consultation amounted to little more than a formality, with Queensland Health executives called to a Microsoft Teams meeting that lasted just 22 minutes, the meeting was held at the same time Nicholls was announcing the ban publicly.

He argued that under the relevant legislation, the director-general “must act independently, impartially and fairly, and is not subject to the direction of minister,” but said Nicholls had “interfered with the process by directing Rosengren to make the decision.”

Jonathan Horton KC, acting for Queensland Health, denied the claims, saying there had been valid consultation and that the directive reflected both “political participation and executive participation.”

“It was a decision-making process in which there was both political participation and executive participation. Now that is appropriate,” Horton told the court.

The court also heard that few within Queensland Health knew about the directive before it was issued, and that the meeting invitation to health service executives sent the day before did not mention the nature of the decision.

Children’s Health Queensland chief executive Frank Tracey, who oversees the state’s gender service, told the court he was only informed that a directive was coming the day before it was made and that he learned it was a full ban during the meeting itself.

“So that required me to immediately engage my senior clinicians, our executive director of medical service and the clinicians responsible for the gender service, and work our way through how we would respond and reorientate our service to meet the requirements of the health service directive,” he said.

The legal case has drawn widespread attention and support from the LGBTQIA+ community, with both the snap rally held today as the judgement was passed down, as well as another rally held outside the Supreme and District Courts in Brisbane the previous week when arguments were being heard.