A court has set aside the Queensland government’s controversial freeze on puberty blockers for adolescents.
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In January, Queensland Health Director-General Dr David Rosengren issued a health service directive banning public doctors from prescribing puberty blockers and hormones to new child patients with gender dysphoria.
The mother of a trans teenager mounted a legal challenge which was heard in the Supreme Court in Brisbane – arguing the directive was unlawful because the correct processes had not been followed.
Supreme Court judge Peter Callaghan handed down his 14-page decision today in a courtroom packed with trans rights supporters.
A judicial review of the case was heard in the Supreme Court in Brisbane on Wednesday. (ABC News: Curtis Rodda)
In his written decision, Justice Callaghan said the proceedings were not concerned with the merits of the directive.
“They are concerned solely with the legal requirements that attend any decision of this nature, irrespective of the subject matter,” he said.
Lawyers for the mother successfully argued that Dr Rosengren had issued the directive without consulting with Queensland’s hospital and health services.
Health service chief executives were informed about the directive at a Teams meeting as Health Minister Tim Nicholls simultaneously announced the pause at a media conference.
Mother ‘exhausted’ by David v Goliath battle
Speaking outside court, the mother of the 14-year-old, who brought the legal challenge, said she was “just exhausted”.
“I am incredibly relieved,” she said.Â
“I’m so pleased not just for my own kid but for all the other trans kids affected by the ban.
“It really was a David versus Goliath battle because we were going up against the resources of the state government.”
The mother cannot be identified for legal reasons.