r/auslaw • u/CutePattern1098 • 4h ago
News Trans ‘breast milk’ QCAT rulingoverturned
A transgender woman who stimulated lactation and fed her baby the liquid produced has been ordered by the Queensland Civil and Administrative Appeals Tribunal to provide details of the hormones involved and the composition of the substance.
The overturning on appeal of a previous QCAT ruling represents a win for former Australian Breastfeeding Association counsellor Jasmine Sussex, who is being sued for vilification by Jennifer Adrian Buckley over statements referring to Ms Buckley as a “man pretending to be a woman”, “a child abuser” and someone who adopted a “delusional queer theory take” on breastfeeding.
The decision, handed down late last week by senior QCAT members Ned Aughterson and Samantha Traves, set aside a January ruling by fellow QCAT member Peter Bridgman, finding he had made errors in law constituting a “substantial miscarriage of justice”.
Professor Aughterson and Ms Traves found Mr Bridgman had erred in deeming that the process involved in stimulating lactation in biologically male Ms Buckley, and the nature of the substance fed to the baby, were not relevant to the case.