“In Queensland, we’re not prepared to go down that pathway of trialling unproven drugs on children,” Nicholls said at the time.
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In the statement on Tuesday, LGBTI Legal Service president Ren Shrike said the new judicial review application would seek to have the ministerial ban also ruled unlawful and voided.
“Minister Nicholls made the direction on the basis that banning access to care for new patients was ‘necessary in the public interest’,” Shrike said.
“Our case states that the decision was made unlawfully on four grounds, including because it was not in accordance with human rights and went beyond the Minister’s powers under section 44(1) of the Act.”
The young person’s mother, also speaking through the legal service, said she just wanted the best for her child.
“This care should be a medical decision between our family and our doctors, not a political one,” she said.
“The government have made this decision to deny my child a service that was life changing. As a family, we now have to go through the private system at great cost.”
Court dates for the new judicial review and representative action are yet to be set. Nicholls has been contacted for comment.
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