this post was submitted on 28 Oct 2025
        
      
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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.
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.
Trumpian culture-war bullshit?
Yeah. Anti-science, anti-expertise, aimed specifically at causing harm and spreading hate towards vulnerable groups.