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Australia’s first ban on puberty blockers for young transgender patients has been overturned in a landmark court battle.
A mother of a trans teenager unable to access hormones who brought the case has spoken about the injustice of the government deciding medical treatment for her child, in contravention with expert opinions.
The judgment handed down by Queensland Supreme Court Justice Peter Callaghan means that around 500 young trans patients who were on a waitlist and denied care can now be seen by the Queensland Children’s Gender Service.
In January, Queensland Health director-general David Rosengren issued a directive banning public doctors from prescribing puberty blockers and hormones to new child patients with gender dysphoria.
The LGBTI Legal Service has initiated a judicial review in the Queensland Supreme Court to assess the legality of a recent decision.
In a statement, the mother said no teenager should “ever have to go through something like this just to get the healthcare they need.”
“This has been a harrowing and traumatising ordeal, and I am incredibly relieved that it is over and that justice has been achieved for my child and the other young people affected by the government’s ban on gender affirming care.”
She said it was “patronising” for the government “to suggest that I and countless other Queensland parents are unable to look after our children’s medical interests.
“How can strangers in government possibly claim to know better than the parents who love their children, and the highly-trained health professionals who have cared for them with expertise and compassion?”
The review was based on whether Queensland’s health service made an independent decision, with proper public consultation, to halt the use of puberty blockers.
Callaghan found health service executives were given 22 minutes to consider the health directive.
“The only way that was argued that [the Queensland Health CEO] complied with this requirement is by reason of a video-conference which lasted for about 22 minutes,” Callaghan said.
Callaghan’s judgment allowed an application for a judicial review of the ban in a judgment handed down on Tuesday.
Queensland Health Minister Tim Nicholls stated the government’s position had not changed and it was considering its options, including a ministerial direction.
“One of those steps available to us is to issue a ministerial direction … which is something that I will consider over the coming hours,” he said in a statement.
Ren Shike, the President of LGBTI Legal Service, stated that the organization will be vigilantly observing the developments that follow.
“We understand that Tim Nicholls has indicated he may reinstate the pause on gender affirming care under a power that allows him to make directions in the public interest,” they said in a statement.
“However, there does not appear to be any evidence to suggest that banning care is in the public interest and we have heard a very clear message from parents and young people that allowing access to care is in the public interest”.
Matilda Alexander, solicitor at the legal service said “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 judgment did not establish the merit or otherwise of puberty blockers.
The decision by Queensland’s Liberal-National government arose after allegations surfaced that puberty blockers were administered to children as young as 12 without proper authorization.
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.
Equality Australia Legal Director Heather Corkhill said it was a major victory for the mother, her child and all the other families impacted by the ban.
“What we already knew to be deeply unjust has now been confirmed as unlawful. The government chose politics over facts and proper process – causing a small group of young people and their family’s immeasurable trauma and distress.”
Corkhill said access to healthcare was a basic human right.
“We hope the young people impacted by this ban will soon be able to access the evidence-based, safe and effective care they need to live healthy and fulfilling lives,” she said.
“Every young person in Queensland is entitled to medical care, and they should be able to access it without political interference.”
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.
With additional reporting by Australian Associated Press.
