To people from other countries, but especially Americans, this part is important:
The mother of a trans teenager mounted a legal challenge which was heard in the Supreme Court in Brisbane – arguing the directive was unlawful because the correct processes had not been followed.
In his written decision, Justice Callaghan said the proceedings were not concerned with the merits of the directive.
“They are concerned solely with the legal requirements that attend any decision of this nature, irrespective of the subject matter,” he said.
Courts in Australia are almost never political activists in the way they are in America. They apply the law as it is actually written. In this case, the Health Minister has the power to give directives like this, but is legally required to consult first. I don’t believe the Minister would need to side with the preponderance of evidence in such a consultation, but the process must be followed. This is a big win for now, but if he’s determined, it’s very possible for him to undergo that consultation and reinstate the ban.
IANAL, but I suspect that if consultation was undertaken, even a small vocal minority would be enough weight for the Minister to be permitted to make this directive, and it would probably require near-unanimity against the decision for the directive to be unlawful.
The important part is just that they didn’t follow the correct process to put the ban in place. They’ll just follow the correct process this time and it won’t be overturned.
Yes, and as awful as that sounds, this is the right way of doing things.
What must happen now is that the minister opens a public consultation, and then you go out and bring along every single ally you can muster and you make yourself heard, and you convince everyone and their mothers that these guys can never be elected again.
And if the rest of the country doesn’t agree with you, then they don’t.
The only issue is when money comes into play, and it’s used to amplify the message from one side and drown out the other. Then the country is fucked.
Unfortunately, yes, there’s a good chance they do that. It’s also possible that they’ll take the L and quit while they’re (relatively) ahead. Recognise that their Trumpian culture-war bullshit doesn’t work as much as they thought it did.
Late on Tuesday afternoon, Health Minister Tim Nicholls announced in Queensland Parliament that he would issue a health directive, effective immediately, to resume the freeze.
To people from other countries, but especially Americans, this part is important:
Courts in Australia are almost never political activists in the way they are in America. They apply the law as it is actually written. In this case, the Health Minister has the power to give directives like this, but is legally required to consult first. I don’t believe the Minister would need to side with the preponderance of evidence in such a consultation, but the process must be followed. This is a big win for now, but if he’s determined, it’s very possible for him to undergo that consultation and reinstate the ban.
IANAL, but I suspect that if consultation was undertaken, even a small vocal minority would be enough weight for the Minister to be permitted to make this directive, and it would probably require near-unanimity against the decision for the directive to be unlawful.
The important part is just that they didn’t follow the correct process to put the ban in place. They’ll just follow the correct process this time and it won’t be overturned.
Yes, and as awful as that sounds, this is the right way of doing things.
What must happen now is that the minister opens a public consultation, and then you go out and bring along every single ally you can muster and you make yourself heard, and you convince everyone and their mothers that these guys can never be elected again.
And if the rest of the country doesn’t agree with you, then they don’t.
The only issue is when money comes into play, and it’s used to amplify the message from one side and drown out the other. Then the country is fucked.
Unfortunately, yes, there’s a good chance they do that. It’s also possible that they’ll take the L and quit while they’re (relatively) ahead. Recognise that their Trumpian culture-war bullshit doesn’t work as much as they thought it did.
They’re not quitting
Trumpian culture-war bullshit?
Yeah. Anti-science, anti-expertise, aimed specifically at causing harm and spreading hate towards vulnerable groups.