Queensland's top court overturns adolescent puberty blocker ban

Queensland Health placed a freeze on puberty blockers for adolescents in January, prompting a legal challenge by the mother of a trans teenager.

A group of transgender advocates protesting outside a politician's office, holding a yellow banner that reads "Trans youth deserve to thrive".

The decision to ban puberty blockers for transgender youth sparked protests against the Queensland government. Source: AAP / Jono Searle

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.

The judgment 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 mother of a trans teenager unable to access hormone therapy in October became the first to launch legal action over the decision, sparking protests in Brisbane.

The LGBTI Legal Service sought a judicial review in the Queensland Supreme Court to determine whether the decision was lawful.
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.

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 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 state government.

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

Queensland Health previously argued discussions to ban puberty blockers started in December, weeks before the decision was made public and was based on 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.


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Source: AAP


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