Landmark hormone service call sparks legal challenge
Savannah Meacham |
A mother of a child denied puberty blockers is furious that a state government took only 21 minutes to consult on the landmark decision.
The woman, who can’t be identified, has launched a legal challenge against the Queensland government claiming it acted unlawfully when it suspended public access to hormone treatments.
The woman said her legal application aimed to overturn the pause of gender-affirming care, saying the lack of consultation was shocking.
“There was nothing meaningful about this,” she told AAP.
Queensland in January became Australia’s first state to deny young trans patients access to puberty blockers.
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.
A question on notice to state parliament has revealed the decision was consulted among hospital and health service executives from 10am on January 28 for 21 minutes.
At the same time, Health Minister Tim Nicholls hosted a press conference announcing the landmark call.
The formal directive was issued to health services at 10.58am, while the press conference was ongoing.
LGBTI Legal Service solicitor Matilda Alexander told AAP she was concerned the government had already decided to implement the pause without a meaningful consultation with health professionals.
“This is not a matter of politics,” said Ms Alexander, who is representing the mother in the legal challenge.
“For many of our clients, this is a matter of their basic health care, children’s health care, and even their lives.”
The Queensland government review was sparked by reports gender-affirming hormones were given to minors as young as 12 without authorised care in Cairns, in the state’s far north.
The woman’s child had been using the state’s gender clinic and support services.
“For six years, my kid has been transitioning and in the space of two weeks, the Queensland government’s cut us off at the knees,” the mother said.
She said the “unfair and ill-considered” state government process had driven her to take on the legal challenge, saying other parents’ children were having suicidal thoughts due to the gender service pause.
The mother has been forced to access expensive, private healthcare for her child to be able to receive gender-affirming care.
“I can’t wait for this review that they’re going to do. I can’t wait for our matter to go to court,” she said.
“I am so lucky that my kid has never been suicidal, and I don’t know if she ever would be suicidal.
“What I know with certainty, though, is if (they were) forced to go through puberty, then they could.”
In a statement of reasons, seen by AAP, Queensland Health director general David Rosengren identified that Mr Nicholls requested the department prepare a cabinet submission on January 13 in response to the reported Cairns incident.
By January 20, the cabinet’s response was handed down, and a day later, Dr Rosengren requested the hormone therapy pause directive be drawn up.
On January 28, health executives were consulted for 21 minutes, and the gender affirming care services for minors were paused indefinitely, with the review to be undertaken.
A spokesperson for Mr Nicholls said it would be inappropriate to comment on the legal matter given the application was before the Supreme Court.
Queensland Premier David Crisafulli defended the government process.
“I think it’s fair and reasonable the decision that we’ve taken,” he said.
“It’s been done in a very sober way, and the decision has been taken and the review has been engaged with people who are truly independent.”
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AAP
