Jasmine Sussex has secured an important win in her ongoing legal defence, with the Queensland Civil and Administrative Appeals Tribunal overturning an earlier decision that prevented her from obtaining evidence relevant to her case.

Jasmine, a former Australian Breastfeeding Association counsellor, is defending vilification proceedings arising from comments she made about a transgender-identifying man who claims to have induced lactation to feed a baby.

As part of her defence, Jasmine sought evidence about how the lactation was induced, including what hormones were used, and the nature and composition of the substance produced.

A previous QCAT decision determined this information was not relevant. On appeal, that ruling has now been overturned.

The Appeals Tribunal found that the evidence is relevant to a key part of Jasmine’s defence: whether her comments were made reasonably and in good faith for public interest purposes. It found that proceeding without the requested evidence could cause Jasmine a “substantial injustice”.

Notably, the Appeals Tribunal also stated that the “truth or veracity” of the claims about inducing lactation and feeding the child were relevant to “assessing reasonableness”. This acknowledges that truth is relevant to whether comments in a public exchange are made “reasonably and in good faith”.

The complainant has now been ordered to provide details about the induction of lactation, including the hormones involved and the composition of the substance produced.

The Tribunal also referred to expert evidence that there is no published evidence-based protocol for inducing lactation in biological males who identify as transgender women, and no longitudinal research establishing whether the resulting substance is nutritionally adequate or whether there are negative outcomes for children.

Jasmine welcomed the ruling, telling The Australian.

“I don’t have a personal issue with [the complainant], but I want to protect mums and babies and their sole right to breastfeed and receive maternal breastmilk.”

She said the decision was “one small step in a long journey”, adding:

“I feel like these cases are brought to silence my opinion on an important issue… Law shouldn’t shut down speech about controversial issues.”

HRLA is representing Jasmine in her defence with support from Tony Morris KC, a prominent barrister and free speech advocate.

While the substantive case is yet to be decided, this ruling is a small but important victory for Jasmine’s right to properly defend herself and for the principle that Australians must be free to speak in good faith about difficult and contested issues of genuine public importance.