Queensland Health Minister Tim Nicholls has issued a new directive to ban public doctors from prescribing puberty blockers to adolescents with gender dysphoria.
It came just six hours after a judge ruled the previous freeze was unlawful.
On Tuesday, Supreme Court justice Peter Callaghan set aside Queensland’s controversial pause on the practice, which was issued in January by Queensland Health director-general David Rosengren.
Court overturns Queensland’s puberty blocker ban
In a 14-page written judgement, he accepted arguments that Dr Rosengren’s health service directive was unlawful because it was made without adequate consultation and at the direction of Mr Nicholls.
But he left the door open for Mr Nicholls to introduce his own directive to the state’s hospital and health services.
“The power to issue a direction to the services is not exclusive to the chief executive (Dr Rosengren),” Justice Callaghan wrote.
“The Minister may give a service a direction if he is satisfied it is necessary to do so in the public interest.
“However, if the Minister gives a direction, it must be in writing and published in a way that allows it to be accessed by members of the public.”
Justice Callaghan said his decision to set aside Dr Rosengren’s directive was made on legal requirements, rather than on health issues.
“These proceedings do not involve any review of the directive’s merits,” he wrote.
The legal challenge was heard in the Supreme Court in Brisbane. (ABC News: Christopher Gillette)
About six hours after Justice Callaghan handed down his ruling around 11.30am, Mr Nicholls issued his own written directive to pause puberty blockers for new public patients with gender dysphoria under the age of 18.
“I am satisfied it is necessary in the public interest that I give this written directive to the Hospital and Health Services with immediate effect,” Mr Nicholls wrote.
“This direction operates on and from 28 October 2025.”
Short-lived celebrations
Trans rights supporters were jubilant after Justice Callaghan’s ruling, but their celebrations were short-lived.
Trans rights supporters gathered outside the Supreme Court in Brisbane on Tuesday. (ABC News: Janelle Miles)
Mr Nicholls told state parliament last night he had issued a ministerial direction that would essentially reinstate the previous pause on treatment.
“The Supreme Court was concerned with the circumstances of the making of the directive — not whether a pause on stage one treatment or stage two treatment was appropriate,” he said.
“I have now had an opportunity to consider this issue further and consider the steps available to the government given that we were prepared for an adverse finding.
“The ministerial direction implements the restriction on the provision of stage one treatment and stage two treatment to children and adolescents under 18 years of age with gender dysphoria.”
Stage one and stage two treatment relate to the provision of puberty blockers and gender-affirming hormones.
The direction, which was issued to all hospital and health services in Queensland, will have immediate effect.
‘Upset and deflated’
Mr Nicholls confirmed patients already on a treatment plan would remain exempt from the directive.
“I have considered an appropriate human rights and compatibility assessment in this deliberation,” he said.
“The restriction will remain in effect until such time as the government considers and acts on the outcomes of the independent review of stage one and stage two hormone therapies.”
That review is due to be handed to the government at the end of next month.
The mother who launched the legal case could not be identified. (ABC News: Lucas Hill)
The mum of a transgender teen who brought the successful legal action before Justice Callaghan, said she was “always concerned about what the government might do” after the decision.
“Within the space of a couple of hours, I’ve gone from telling the parents about the win and them being so excited to having to tell them that another ban has been issued,” she said.
“They’re going to be so upset and deflated.”
The mother, who cannot be named, said she did not expect the health minister to move so quickly.
“I think it has just confirmed for me that this is a political decision,” she said.
Mother challenges legality of puberty blocker freeze in Queensland
Yesterday, Mr Nicholls said the “overwhelming concern of the government” had always been the “safety and wellbeing of children”.
But the mother rejected that.
“It’s got nothing to do with the safety of my kid or any other trans kid,” she said.
The mum was represented by the LGBTI Legal Service at Tuesday’s court hearing.
Service president Ren Shike said they would review the minister’s directive closely and would consider their client’s position.Â
Mr Miles said he believed the decision to re-instate the ban was “dangerous”. (ABC News: Chris Gillette)
Queensland’s Labor Opposition Leader Steven Miles criticised the new ministerial ban.
“Tim Nicholls made a dangerous decision based on conservative ideology, not health advice,” Mr Miles said.
“The health minister and the premier continue to ignore the experts after banning pill testing, undermining vaccines and scrapping the skin cancer awareness campaign.
“Young vulnerable Queenslanders should have their voices heard and have the health care their doctors determine is appropriate.”