Supreme Court in Brisbane reserves decision on Queensland's puberty blocker freeze after legal challenge

Queensland's top public hospital chiefs were only consulted about the directive to freeze puberty blockers as the decision was being announced by the minister, a court has been told.

The state health department's director-general is facing a legal challenge from the mother of a trans teenager over the ban on puberty blockers, which was implemented earlier this year.

On Wednesday, a Supreme Court judicial review of the case heard that a Teams meeting between Queensland Health director-general David Rosengren and the state's hospital and health service chief executives to discuss the directive lasted just 22 minutes.

The directive bans public doctors from providing puberty blockers and hormone treatments to new patients with gender dysphoria aged under 18.

The court heard Dr Rosengren informed hospital chiefs about the directive at a 10am meeting on January 28 at the same time as Health Minister Tim Nicholls announced the decision to the public at a separate media conference.

The hospital executives had not even seen a draft of the directive before they were advised of the decision, Supreme Court Justice Peter Callaghan was told on Wednesday.

He has reserved his judgement in the case, telling the court he would "strain every nerve" to hand it down by the end of next week.

Mother launched legal action 

The name of the mother who launched the legal action has been suppressed to protect the identity of her daughter.

Her action claims Dr Rosengren's directive was an improper exercise of power under the Hospital and Health Board Act.

Barrister Mark Steele, for the LGBTI Legal Service, which made the application for a judicial review on her behalf, argued Dr Rosengren did not conduct "meaningful" consultation before issuing the directive.

Queensland Children's Hospital chief executive Frank Tracey told the court by video link that Dr Rosengren had phoned him to foreshadow the directive the weekend before it was issued but gave no details.

Mr Tracey said he only learned about the puberty blocker freeze at the Teams meeting.

The court was told he had no time to consult with specialist staff from the Queensland Children's Gender Service before the health service directive was issued.

"It was a fait accompli," Mr Steele told the court.

"That can't be genuine consultation if it's just a fait accompli."

Barrister Jonathan Horton, appearing on behalf of Dr Rosengren, accepted the consultation was "abbreviated".

But he argued the legislation did not specify the nature or content of the consultation required.

Mr Tracey also told the court in his evidence that health service directives during the COVID-19 pandemic, such as mask wearing, were often "urgently delivered".

Supporters gather outside court

Equality Australia legal director Heather Corkhill said outside court it appeared the health service directive "was a forgone conclusion".

She said care had been paused in the "absence of any clinical evidence, consideration of the number of children affected, whether any alternative services would be available or the potentially devastating psychological effects".

"In the rush, they don't seem to have followed their own consultation requirements," she said.

Ms Corkhill said the puberty blocker freeze "strips parents of their rights, denies young people safe and proven care, and makes Queensland the only state in the country where this support is being actively taken away".

Dozens of trans supporters rallied outside the Supreme Court in Brisbane before the hearing.

Piper Valkyrie was among a group of supporters from Magandjin People's Pride who gathered outside the Supreme Court for the hearing.

"It's horrible, because what we're seeing today is real people are being affected," they said.

"Just that toll of waiting and waiting and having that [health care] stripped away from you is really horrible for a young person."