The mother of a transgender teenager has initiated a legal challenge against the Crisafulli government’s freeze on public access to hormone treatments for children with gender dysphoria, arguing that it is unlawful.
Her legal team claims the action asserts that Queensland Health’s Director-General, David Rosengren, overstepped his authority when he issued a directive suspending treatments, including puberty blockers, in late January.
Represented by the LGBTI Legal Service, a not-for-profit community legal center, the mother has filed for a judicial review in the Queensland Supreme Court. The identities of both the mother and her daughter have been suppressed by a court order.
The mother’s solicitor, Matilda Alexander, stated that the legal challenge is not about whether the decision was fair or justified but about whether the decision was made lawfully.
“The issue at hand is whether the proper legal procedures, including the requirement for consultation, were followed,” Ms. Alexander explained.
Rosengren Ordered to Explain
Last month, the mother successfully obtained a court order requiring Dr. Rosengren to provide a statement explaining the reasons behind the freeze.
In the statement, Dr. Rosengren revealed that he met with health service chief executives via a Teams call to consult about the directive on January 28—the same day Health Minister Tim Nicholls publicly announced the freeze.
At the announcement, Mr. Nicholls raised concerns that 17 young patients at the Cairns Sexual Health Service had received hormone treatments that might not align with Australian treatment guidelines, citing new overseas restrictions.
In his written statement, Dr. Rosengren outlined that in December, he had been informed of a clinical governance issue at the Cairns and Hinterland Hospital and Health Service, which suggested that a pediatric gender clinic had been established without necessary approvals.
Dr. Rosengren was also made aware of concerns that children at the Cairns clinic had received puberty blockers and cross-sex hormones outside the guidelines of the Queensland Children’s Gender Service.
In mid-January, Mr. Nicholls asked Queensland Health to prepare a cabinet submission, which included 14 recommendations.
On January 21, Dr. Rosengren instructed staff to draft the health service directive.
Cass Review Referenced
Dr. Rosengren’s statement, however, redacted details of the recommendations, “emerging issues,” and the Cabinet’s discussions on those recommendations.
He mentioned that he had reviewed a draft human rights compatibility assessment before issuing the directive, which referenced the controversial UK Cass Review into gender identity services for children and young people.
The assessment noted that while preventing access to stage 1 and stage 2 hormone treatments might cause emotional distress and increase suicide risks, the decision only pauses treatment for new patients and does not affect those already receiving it.
The Cass Review, according to the assessment, found insufficient evidence that hormone treatment effectively reduced suicide risk.
Medical Concerns
Dr. Rosengren’s directive has sparked concern among medical groups such as the Australian Professional Association for Trans Health, the Australian Medical Association Queensland, the Royal Australian College of General Practitioners, and the Royal Australian and New Zealand College of Psychiatrists.
However, some psychiatrists critical of pediatric gender-affirming services in Australia support the government’s action.
In response, a Queensland Health spokesperson acknowledged the application filed but stated, “As the matter is before the Supreme Court, it would be inappropriate to make any further comment.”
