The Queensland Health Department’s ban on youth experiencing gender dysphoria being treated with puberty blocker medication and cross sex hormones has been ruled unlawful.
The ban was brought in by Health Minister Tim Nicholls in January, but one Queensland family challenged the ruling in court and Supreme Court Justice Peter Callaghan has ruled in their favour.
Justice Callaghan said the government had failed to hold a proper consultation before implementing their ban. The court heard that the only consultation that had taken place was a 22-minute long meeting on the online application Teams, that had taken place at the exact same time the minister front the press to announce the ban.
The government’s decision to implement the ban came as concern was raised about the operations of a clinic in the northern city of Cairns, but the decision also reflected the Liberal-National Party’s policy.
The ruling will be a blow for the Crisafulli government, with the Premier defending the Health Minister’s actions just days ago.
“There were some horrible allegations that were raised and our first responsibility is to keep kids safe and the Minister conducted himself in a very respectful way and he made a decision based on keeping children safe,” Premier Daivd Crisafulli said last week.
Ahead of the decision being handed down today opposition MPs were asking in parliament if Nicholls would tender his resignation if the decision found he’d acted unlawfully. Nicholls didn’t have to answer as the speaker ruled the questions were out of order.
Outside the court Matilda Alexander, solicitor at the LGBTI Legal Service, said the judgement was a significant legal victories for transgender youth and their families.
“Today’s judgment represents not only justice for our client and her child, but a significant legal victory for the many Queensland families whose lives were upended when the government took the extraordinary – and now proven unlawful – step of suspending vital medical care for their children.
“The state government 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.
“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.” Alexander said.
Update 28-10-13:35 Comment from Matilda Alexander added.
