The Pharmacy Guild Of Australia and Ors v Australian Community Pharmacy Authority and Ors [1996] FCA 1007

The Pharmacy Guild Of Australia and Ors v Australian Community Pharmacy Authority and Ors [1996] FCA 1007

The Authority and Secretary failed to have before them evidence of the relevant 'shortest lawful access route' distance and took into account irrelevant considerations (which pharmacy was 'most adjacent' rather than whether the 2 kilometre requirement was met), vitiating the recommendation and approval. As such, the decisions were set aside and the application referred for further consideration according to law.

Parties
First Applicant: The Pharmacy Guild of Australia; Second Applicant: Brian John Daly; Third Applicants: David Hickey and Annemarie Hickey; Fourth Applicant: Douglas Pardey; Fifth Applicants: Edmund Smith and Elsie Smith; Sixth Applicant: Michele Freer; Seventh Applicant: David Pay; Eighth Applicant: David Haworth; Ninth Applicant: Viren Kheita; Tenth Applicant: David Wilson; Eleventh Applicant: John Kalaf; First Respondent: Australian Community Pharmacy Authority; Second Respondent: The Secretary for the Department of Human Services and Health; Third Respondents: Daniel Armstrong, Graham Donald Levis and Denis Lee
Jurisdiction
Australia
Judgment Date
20 November 1996
Procedural Posture
Judicial Review / Final Judgment and Orders
Outcome
Application allowed. Decisions of the Authority and Secretary set aside.
Legal Topics
Judicial Review, Standing (person Aggrieved), Natural Justice, Improper Exercise of Power, Jurisdiction of Administrative Authority, Pharmaceutical Benefits Scheme, Fraud Alleged in Administrative Process, Survey Evidence in Applications for Pharmacy Approvals
Administrative Law Medicine Fraud Judicial Review Standing (person Aggrieved) Natural Justice Improper Exercise of Power Jurisdiction of Administrative Authority +3 more

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Parties

The Pharmacy Guild of Australia

First Applicant

Brian John Daly

Second Applicant

David Hickey and Annemarie Hickey

Third Applicants

Douglas Pardey

Fourth Applicant

Edmund Smith and Elsie Smith

Fifth Applicants

Michele Freer

Sixth Applicant

David Pay

Seventh Applicant

David Haworth

Eighth Applicant

Viren Kheita

Ninth Applicant

David Wilson

Tenth Applicant

John Kalaf

Eleventh Applicant

Australian Community Pharmacy Authority

First Respondent

The Secretary for the Department of Human Services and Health

Second Respondent

Daniel Armstrong, Graham Donald Levis and Denis Lee

Third Respondents

Procedural Posture

Judicial Review / Final Judgment and Orders

Legal Issues

  1. 1 Whether applicants were persons aggrieved within the meaning of the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether there was a denial of natural justice
  3. 3 Whether the Pharmacy Restructuring Authority lacked jurisdiction to make the recommendation for approval of the new pharmacy premises

Ratio Decidendi

The Authority and Secretary failed to have before them evidence of the relevant 'shortest lawful access route' distance and took into account irrelevant considerations (which pharmacy was 'most adjacent' rather than whether the 2 kilometre requirement was met), vitiating the recommendation and approval. As such, the decisions were set aside and the application referred for further consideration according to law.

Court Disposition

Application allowed. Decisions of the Authority and Secretary set aside.

Orders

  • The decision of the first respondent (Authority) recommending approval is set aside.
  • The decision of the second respondent (Secretary) granting approval is set aside.