Pharmacy Restructuring Authority & Anor v. Martin, L.E. & Ors [1994] FCA 906

Pharmacy Restructuring Authority & Anor v. Martin, L.E. & Ors [1994] FCA 906

The term 'by normal access routes' in the relevant Ministerial guideline requires that there be at least one normal access route of not more than 500 metres between the old and new pharmacy premises; the Pharmacy Restructuring Authority is bound by the guidelines and has no residual discretion; procedural fairness does not require notification or hearing of pharmacists merely because their economic interests may be affected.

Parties
First Appellant: Pharmacy Restructuring Authority; Second Appellant: Secretary, Department of Community Services and Health; First Respondent: Lorraine Elizabeth Martin; First Respondent: Natalie Ridgeway; Second Respondent: Kim Phuong Tran aka Kim Phoung Lam; Second Respondent: Phoung Lam; Second Respondent: Lily Phoung Lam
Jurisdiction
Australia
Judgment Date
28 November 1994
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
Pharmacy Approval Process, Ministerial Guidelines, Procedural Fairness, Interpretation of Statutory Guidelines
Administrative Law Health Law Pharmacy Approval Process Ministerial Guidelines Procedural Fairness Interpretation of Statutory Guidelines

Case Brief

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Parties

Pharmacy Restructuring Authority

First Appellant

Secretary, Department of Community Services and Health

Second Appellant

Lorraine Elizabeth Martin

First Respondent

Natalie Ridgeway

First Respondent

Kim Phuong Tran aka Kim Phoung Lam

Second Respondent

Phoung Lam

Second Respondent

Lily Phoung Lam

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the Pharmacy Restructuring Authority is bound to apply Ministerial guidelines strictly
  2. 2 Interpretation of 'by normal access routes' in Ministerial determination for distance between pharmacy premises
  3. 3 Whether procedural fairness requires the Authority to notify and hear existing pharmacists potentially affected by a relocation approval

Ratio Decidendi

The term 'by normal access routes' in the relevant Ministerial guideline requires that there be at least one normal access route of not more than 500 metres between the old and new pharmacy premises; the Pharmacy Restructuring Authority is bound by the guidelines and has no residual discretion; procedural fairness does not require notification or hearing of pharmacists merely because their economic interests may be affected.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • Orders made by the primary Judge on 5 August 1994 are set aside and the application is dismissed with costs.