Queensland Supreme Court overturns controversial puberty blocker ban for Aussie teens
Australia’s first ban on puberty blockers for young transgender patients has been overturned in a landmark court battle.
Queensland Supreme Court Justice Peter Callaghan allowed an application for a judicial review of the ban in a judgment handed down on Tuesday.
Justice Callaghan found health service executives were given 22 minutes to consider a directive that would ban hormone therapy for young Queenslanders.
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By continuing you agree to our Terms and Privacy Policy.The mother of a trans teenager unable to access hormone therapy in October became the first to launch legal action over the Queensland government’s decision, sparking protests outside court.
The mother, who cannot be named, launched legal action after Queensland became the first 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’s health service made an independent decision with proper public consultation to halt puberty blockers.
“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.
The judgment did not establish the merit or otherwise of 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 are no longer accessible to the state’s 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.
They claim the decision was not based on medical evidence, but at the behest of the conservative LNP government.
Barrister Mark Steele had argued there had been clear and direct interference in the decision by the LNP government.
Queensland Health previously argued discussion to ban puberty blockers began in December, weeks before the decision was made public and was 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.
