Australia

Queensland’s controversial ban on puberty blockers and other hormone therapies is unlawful because of a failure to properly consult health executives on a decision affected by political interference, a court has heard.

The supreme court in Brisbane on Wednesday heard the ban should be overturned as part of a legal challenge launched by the mother of a transgender child. The mother cannot be identified for legal reasons.

Her lawyers told the court that Queensland Health’s director general, Dr David Rosengren, was required by law to consult with the executive of any service affected “in developing a health service directive” before he issued the order, banning such transgender hormone therapies for new patients aged under 18, on 28 January.

[…]

On the day the directive was issued, the state’s health executives were called to a Microsoft Teams meeting at 10am for consultation on the decision, which lasted 22 minutes.

At the same time as that meeting, Nicholls was announcing the decision at a press conference, the court was told.

Mark Steele KC, representing the mother, said Rosengren had signed off on publishing the health service directive an hour earlier and had repeatedly urged staff to ensure it was published at 10.30am.

The directive was published at 11.06am.

Steele told the court that Rosengren must have done so to line up with the end of Nicholls’ press conference.

“That can’t be genuine consultation if it’s just a fait accompli,” Steele told the court.

A majority of Victorian renters have experienced a "significant tenancy issue", yet only half of them made a complaint due to fears of landlord retaliation, a new report based on a survey of 1,000 renters has found.

The survey by the Consumer Policy Research Centre (CPRC) found 79 per cent of renters in Victoria had faced at least one problem in the past 12 months.

The most common issues were delays to repairs and maintenance, "unreasonable" rent increases and excessive photos and videos being taken during inspections.

But only 52 per cent of the affected households lodged a complaint, and even fewer — just 2 per cent — escalated their complaint to the Victorian Civil and Administrative Tribunal (VCAT).

"What we saw is that there is a broader challenge that even where legal protections exist, renters may not feel safe or supported to use them," CPRC deputy chief executive Chandni Gupta said.

Um… You've heard of the Nazis, haven't you?

During the final day of the hearing on Tuesday, the court heard from a member of the public who observed the rally on December 3, 2023.

Mark Doery was a witness presented by the defence.

"It just looked like a bunch of boys in a group, going for a walk," Mr Doery told the court.

"Nothing stood out as offensive to me, but that's just me."

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"The prosecution has not proved the behaviour of the accused was offensive," Mr Sewell said.

Ultimately, Magistrate Mike Wardell agreed and said he had not been convinced of Victoria Police's case that Mr Sewell's behaviour during the rally was "deeply or seriously insulting".

"Behaviour deemed unacceptably offensive by some, may not trouble others at all," Magistrate Wardell said.

"The test … is whether the impugned behaviour is so deeply and seriously insulting … as to warrant the interference in the criminal law.

"Society is evolving in attitudes all the time … Fringe groups are arising all the time."

This is an absurd claim. As an Australian who grew up in arguably (and famously) the most homogenously small-minded and bigoted part of it, I can assure you that "Russian operatives" did not turn Australia racist overnight via Facebook. Australia is a big box of racist fireworks; forty years of fiscal austerity is the match tossed in.

ASIO is investigating pro-Russian social media influencers who are working with an offshore media organisation to condemn Australia's support for Kyiv, while also using "social media to spread vitriolic, polarising commentary on anti-immigration protests and pro-Palestinian marches", he said.

"These state-sanctioned trolls are more than propaganda puppets; they want to turn hot-button issues into burning issues, tipping disagreement into division and division into violence," he said, giving the annual Lowy Institute address.

A large neo-Nazi group, the National Socialist Network, had also attempted to leverage recent anti-immigration and cost-of-living rallies in Australia, he said.

Usual caveat:  "affordable housing" isn't "social housing", which isn't "public housing". Public housing is what's needed. Also what was delivered as mandatory trickle-down housing in Sydney and presented here as a success story is not going to make a measurable difference to the situation.

New analysis from the Community Housing Industry Association Victoria (CHIA Vic) has revealed that since 2016, when the Central City Planning Provisions were amended to include a “public benefit uplift” incentive, developers have secured approval for almost 31,000 new homes. Not one of those has been delivered as affordable housing.

Instead, the voluntary scheme has overwhelmingly favoured commercial office space as the “public benefit” of choice. As reported by this masthead in early 2018, within just a year of its introduction more than 54,000 square metres of office floorspace had been awarded to applicants under the FAU mechanism, while no uplift had been granted for social housing, libraries, kindergartens or other community facilities that were also originally contemplated.

The result, according to CHIA Vic chief executive Sarah Toohey, is proof that voluntary approaches do not work.

"The voluntary developer contribution scheme for the Melbourne CBD and Southbank has not delivered a single affordable home since it was introduced nearly a decade ago," she said.

“What we’ve seen instead is developers opting for office space and other benefits that serve their own interests, while communities continue to miss out on the affordable homes they desperately need.”

The issue is back in the spotlight with the Suburban Rail Loop East planning documents now proposing a similar voluntary uplift framework around new station precincts. CHIA Vic has warned that without mandatory requirements, there is little chance of affordable housing being supplied in these high-demand areas either.

“The Suburban Rail Loop will add tens of thousands of new homes around station precincts but right now it’s not clear if any of them will be social or affordable housing,” Ms Toohey said. “We can’t leave the delivery of social housing in these precincts up to a voluntary scheme that we know from experience won’t work.”

By contrast, Sydney’s long-standing mandatory affordable housing contributions scheme has already provided more than 1500 homes since 1996, with a further 1950 projected by 2036.

In 1987, the Medical Journal of Australia published a paper titled Gender-disordered children: does inpatient treatment help? by Robert Kosky, then director of Child and Adolescent Psychiatry Services in Western Australia.

It described eight children, all under 12, who were hospitalised at Stubbs Terrace between 1975 and 1980 for what the paper called "gender identity disorder".

The children were separated from their families and treated for months at a time. The paper argued their "cross-gender behaviours" were the result of inappropriate family dynamics — and suggested the hospital program corrected them.

When Anja Ravine, a trans youth health researcher at the Murdoch Children's Research Institute, came across it decades later, she was alarmed.

"It's implicit that they were expecting gender identity to return to what was expected. So that is really within the definition of conversion therapy."

Efforts to suppress or change a person's gender identity or sexuality, often referred to as "conversion therapy", are now illegal in most parts of Australia.

"We know now that people who've been exposed to this actually carry long-term psychological scars. It's very harmful," Dr Ravine said.

Despite being nearly 40 years old, the Kosky paper is regularly cited by opponents of gender-affirming care in submissions to lawmakers, courts and medical regulators around the world.

Even in Australia, the National Association of Practising Psychiatrists, has written a clinical guide on how doctors should care for gender diverse youth that also cites the paper.

Dr Ravine said that the study being used is "deeply troubling".

There are investors like the Wilsons all over Australia, who have built or bought disability homes where they are not needed, often under the guidance of property or investment advisers.

Property investment adviser Goro Gupta said part of the problem was that the NDIA — the agency that administers the policy — has not released clear data about where eligible people with a disability want to live.

That has meant many SDA houses have been constructed on the outskirts of capital and regional cities where the land is cheap.

"That's why, of course, the average investor wants to invest," Mr Gupta said.

At one estate in outer-western Melbourne, he was incredulous that so many houses for people with profound disabilities had been built.

"In these areas, there's a lack of amenities," he said.

"It's not close to shops, it's not close to the allied health services that people with disabilities need on a day-to-day basis.

"I mean, have a look at this area. It's paddocks."

For some investors who have overextended to build the homes, renting them out as a normal property is not an option because the returns are nowhere near enough to cover their mortgage repayments.

That means the homes are sitting empty in the hope that an eligible disability client will move in.

Some state governments were suspicious of the Commonwealth's desire to involve itself in housing supply, but the government still managed to secure their support to introduce a national scheme for subsidised rental housing.

The policy was less ambitious than housing reformers wanted, but it was better than nothing.

During the second reading debate on the legislation, a Labor MP from Tasmania, John Frank Gaha, told his parliamentary colleagues that he supported the CSHA "in its entirety". 

However, he said, he regretted the fact that constitutional limitations prevented the Commonwealth and states from taking a "wider view" of the role that housing played in the structure of the economy itself.

He said it made a huge difference to people's lives when they owned their own homes, especially in retirement.

He said it would be great if the government could devise a scheme to keep rents at a low level nationally, so some of the money that low-income families would otherwise spend on rent could be used to help them pay off a family home.

"In this way, we would make the average worker a capitalist; and that is our only solution to communism in this country," Dr Gaha said.

Anti-immigration rallies that have drawn out tens of thousands of Australians in capital cities are being secretly controlled by neo-Nazis – part of a co-ordinated “fraud on the public” experts say could become even more violent when they march again next month.

An investigation by this masthead can reveal how neo-Nazi leadership is using far-right influencers to sell the March for Australia rallies as a “spontaneous” groundswell of “everyday Australians”, while they stack crowds with plain clothes Nazis and send key members interstate to headline rallies. Some neo-Nazis have even donned yellow vests to act as official safety marshals in order to bring marches under the group’s control.

Leaked chatlogs, recordings and insider accounts tell the full story of how the March for Australia rallies grew out of a mysterious TikTok video in early August and descended into a day of chaos and violence across the country on August 31.

And they lay bare the strategy of Australia’s most prominent neo-Nazi group, the National Socialist Network, as they move to radicalise the right to their dangerous fascist ideology under the cloak of the Australian flag.

While the National Socialist Network might be “deluded in thinking they can get a Nazi elected”, researchers at the White Rose Society say “you just have to look at the way [some] mainstream conservatives” have latched onto the Shrine booing stunt, to question Welcome to Country ceremonies, “to get a preview of how a Nazi political campaign will be used to push the Overton window”, referring to efforts to bring extreme views into the mainstream.

Far from deflating their party launch, researcher Dr Kaz Ross expects the publicity from the stunt will boost it. “They’re eating One Nation’s lunch,” she said. “And they’re growing.”