BREAKING: Supreme Court overturns Queensland’s puberty blocker ban

[Sarah B]

Title:  BREAKING: Supreme Court overturns Queensland's puberty blocker ban
Link To: Article 🔗 [Link: qnews.com.au/breaking-​supreme-​court-​overturns-​queenslands-​puberty-​blocker-​ban/]
Author: Laura Koefoed 
Date: 28 October 2025

"In a landmark ruling, the Queensland Supreme Court has overturned the state government's freeze on puberty blockers for trans adolescents."

"Justice Peter Callaghan handed down his 14-page judgment in Brisbane today, setting aside the January order...  which had banned public doctors from prescribing puberty blockers or hormone therapies to new child patients with gender dysphoria."

"The sudden ban triggered national backlash and left hundreds of young people already on waiting lists unable to begin treatment."

"Justice Callaghan ruled in favour of the challenge...  judging the directive as unlawful."

"He ruled that there was a lack of consultation with the executives of the state's hospitals and health services, as required under the state law."

"According to reports, the only consultation...  was a 22-minute meeting online, which took place at the same time the announcement of the ban was given to media by Health Minister Tim Nicholls."

"The judge found in our favour on all three grounds."

"Today's judgement represents... a significant legal victory for the many Queensland families whose lives were upended when the government took the extraordinary... step of suspending vital medical care for their children."

"The state government acted beyond the scope of its powers..."

"Health Minister Tim Nicholls is considering the options available, including issuing a Ministerial Direction to again restrict public doctors from prescribing puberty blockers or hormone therapies for patients under 18... in accordance with s 44(1) of the Hospital and Health Boards Act 2011 (Qld)."

"The Government's position on this matter remains unchanged".
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I have highlighted in red a disturbing part attributed to the "Health Minister Tim Nicholls"

Best Wishes Always
Sarah B
Global Moderator

[Sarah B]

Title:  Queensland Minister signals new puberty blocker ban despite court defeat

Link To: Article 🔗 [Link: qnews.com.au/queensland-​minister-​signals-​new-​puberty-​blocker-​ban-​despite-​court-​defeat/]
Author: Laura Koefoed
Date:  28 October 2025

"The Government's position on this matter remains unchanged."

"This proposed direction would implement 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."

"As parents, as communities and as a State, we owe it to children to ensure care is grounded on solid evidence and we act with caution."

"It is with these principles clearly in mind that I will come to a decision."

"In accordance with s 44(1) of the Hospital and Health Boards Act 2011 (Qld), I am satisfied it is necessary in the public interest that I give this written direction to the Hospital and Health Services with immediate effect."

"This 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' direction is in place from 28th October 2025 until 28th January 2026 and applies to all Hospital and Health Services."

"Current Patients may continue to receive Stage 1 Treatment or Stage 2 Treatment for Gender Dysphoria as clinically indicated."

"No New Patient is to commence on Stage 1 Treatment or Stage 2 Treatment for Gender Dysphoria."

"Puberty Blockers or Sex Hormones will continue to be prescribed for a medical condition other than Gender Dysphoria."
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Best Wishes Always
Sarah B
Global Moderator

[Sarah B]

Hi Everyone

The following gives a better clarification on what is happening and it must be noted that this order only applies to the Queensland state not any other state or territory.
After the Supreme Court canceled the 28 January directive, it did so based on procedural issues.  The court did not decide on the substance of restricting treatment.  Justice Peter Callaghan found that the Director General did not properly consult.  The court also found that the Director General acted under ministerial instructions and considered irrelevant factors.  Because the ruling focused on the process, the government could create a new directive using a different legal process.  Later, Health Minister Tim Nicholls used section 44(1) of the Hospital and Health Boards Act 2011 to issue a new state wide directive.

The new directive limits Stage 1 and Stage 2 treatment for people under 18 from 28 October 2025 to 28 January 2026.  Patients already receiving treatment can continue if it is clinically necessary.  No new patients can start treatment during this period.  The Minister said the government's position is unchanged.  He presented this as a cautious step while an independent review runs until November 2025.  The court nullified the first rule because of how it was made.  The Minister then used his authority to set new limits. 

This new action can still be challenged.

Best Wishes Always
Sarah B
Global Moderator

[Lori Dee]

This new action can still be challenged.

I was going to say the same thing. It looks like the ban was thrown out on procedural grounds, so the Minister's Directive would need to be challenged directly in court as discrimination or human rights violation or something.