Queensland Health Minister Tim Nicholls exploring ways to ban puberty blockers following Supreme Court ruling

A Queensland court has overturned a controversial ban on puberty blockers, but within hours the State’s Health Minister signalled he may move to bring it back.

Tim Nicholls suggested the Government would explore ways to ban the controversial treatment for young patients after the Supreme Court sided with the parent of a transgender child.

“I’m going to consider what steps are available to the Government and there are a number of steps available to us,” he told reporters on Tuesday. “Something that I will consider over the coming hours.”

Mr Nicholls said he would consider using a law that enables him to issue directives to local health boards to reinstate the ban imposed in January outlawing puberty blockers for patients under 18 with gender dysphoria.

On Tuesday, Supreme Court judge Peter Callaghan ruled that Queensland Health director-general David Rosengren had failed to properly consult the directors of hospital and health services, as required by State law.

Justice Callaghan upheld the legal challenge from the parent of a transgender child, finding the directive to ban puberty blockers was unlawful and improperly made. He found health service executives were given just 22 minutes to consider a directive that would ban the hormone therapy.

“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 in his judgment.

Mr Nicholls argued Tuesday’s court decision was procedural. “This is not a commentary on the merits of the Government’s decision,” he said.

“That decision-making process is on procedural grounds, on a number of procedural grounds, and his honour, has found in favour of the applicant in respect to one of those grounds.”

Justice Callaghan’s ruling followed an application for a judicial review, which did not address the merits or otherwise of puberty blockers.

The mother, who cannot be named, took legal action after Queensland became the first State to ban hormone treatments for children diagnosed with gender dysphoria in January.

The LGBTI Legal Service had sought a judicial review by the Queensland Supreme Court to determine if the decision was lawful.

The review was based on whether Queensland Health made an independent decision with proper public consultation to halt puberty blockers.

Queensland’s Liberal National Government made the call amid claims puberty blockers had been given to children as young as 12 without authorised care. Hormone therapies remain inaccessible to 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, claiming the decision was made at the behest of the conservative LNP Government rather than on medical evidence.

Barrister Mark Steele argued there had been clear and direct interference in the decision by the LNP Government.

Queensland Health previously said discussions to ban puberty blockers began in December, weeks before the decision was made public, and were 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.