The Queensland government could yet face another courtroom push against its pause on gender-affirming care for children, with the legal service behind this week’s successful ruling considering options to fight Health Minister Tim Nicholls’ new directive.
In Brisbane’s Supreme Court on Tuesday, Judge Peter Callaghan ruled in favour of the parent of a transgender teenager who had challenged the legality of the move in January by Queensland Health director-general David Rosengren for a lack of consultation.
LGBTI Legal Service solicitor Matilda Alexander speaks after the court ruling on Tuesday.Credit: Courtney Kruk
But within hours of the ruling, late on Tuesday, Nicholls used his ministerial powers to reinstate the ban.
He defended the decision on Wednesday, saying he was not bound by the same requirements to consult and only had to consider human rights.
“[I have] done that quite thoroughly and in all instances it’s a case of weighing up competing rights and interests of parents to understand what their children are asking and seeking,” Nicholls said.
“I believe it is in the public interest to continue the pause [on puberty blockers and hormone therapy] and the pause continues until the end of January next year.”
Under law, Nicholls may give a written direction to hospital and health services relevant to the performance of their functions if he is “satisfied it is necessary to do so in the public interest”.
In a statement on Wednesday, LGBTI Legal Service president Ren Shike – whose organisation backed the initial challenge – said they hoped the government would engage in meaningful consultation with parents after the ruling.
“We are reviewing the [ministerial] directive and exploring options on behalf of our clients,” Shike said. “The LGBTI Legal Service will continue to explore all legal options to support trans and gender diverse young people to access the life-affirming healthcare they need.”
Nicholls said he would await the findings of an independent review, due November 30, before deciding whether public health facilities would resume offering services to children with gender dysphoria – and if the review would be made public.
The pause on new hormone treatments was based on a three-page document with allegations of “apparently unauthorised” services to 42 paediatric patients in Cairns.
Critics accused the government of making what Premier David Crisafulli conceded was a cabinet call for ideological reasons, rather than being based on evidence, after external evaluation viewed the Queensland Children’s Gender Service favourably.
On Wednesday, Crisafulli backed his minister, saying he acted methodically and competently.
“[The] court made a ruling about the process. The minister listened to it, he accepted it, and then he charted an alternative course,” Crisafulli said.
“The decision that was taken is 100 per cent the right decision then and now.”
Crisafulli acknowledged how “deeply saddened” families would be by the decision to reissue the ban, but insisted it was one made as a result of “incredibly difficult and troubling allegations”.
“The minister has conducted himself in an exemplary manner, and I support the way he’s conducting himself.”
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