Minister Issues 2nd Directive to Ban Puberty Blockers for Kids After Court Loss

Queensland Health Minister Tim Nicholls has followed through with a ministerial directive that will once again rule out the use of puberty blockers and hormone treatments in children with gender dysphoria.

The decision to reinstate the ban was made in state parliament on the evening of Oct. 28, the same day the Supreme Court overturned the government’s temporary ban on the treatments for under-18s pending a review into their safety.

The review is expected to be handed down by Nov. 30, and Nicholls’ ministerial directive is set to remain in place until that review is finalised.

Speaking in parliament, Nicholls, who had already mooted a ministerial directive in the wake of the court’s decision, said he had considered the issue and came to the conclusion the directive was the right move.

“I am satisfied it is appropriate and in the public interest that I issue a written ministerial direction to all hospitals and health services with immediate effect,” he said.

Nicholls said a directive regarding the ban titled, ‘Treatment of gender dysphoria in children and adolescents with hormone therapy’ would be publicly available on the Queensland Health website.

At time of publication, the document was ear-marked but had not yet been uploaded.

“The ministerial direction implements a restriction on the provision of stage 1 treatment and stage 2 treatment to children and adolescents under 18 years of age with gender dysphoria,” Nicholls told parliament.

“Patients who are already on a treatment plan remain exempt from this directive.

“I have considered an appropriate human rights compatibility assessment in this deliberation. The restriction will remain in effect until such time as the government considers and acts on the outcomes of the independent review of stage 1 and stage 2 hormone therapies.”

Nicholls said the government had anticipated potential legal action against the pause on puberty blockers and hormone treatments for children.

“The government was prepared for this,” he said.

Legal action was brought by the LGBTI Legal Service and the mother of a child identifying as trans.

How the Ban Came Back

The Supreme Court’s overruling of the puberty blocker ban lasted just hours.

In his judgment, Justice Peter Callaghan accepted that Queensland Health Director-General David Rosengren had not conducted sufficient consultation, making the ban illegal.

However, Justice Callaghan also noted that Nicholls may himself issue a directive, but would need to give that directive in writing and ensure it was published and was accessible to the public.

The temporary ban will remain in place until a decision can be reached once the Nov. 30 report is released.