Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 93

Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 93

The correct interpretation of 'at least 70 hours each week' in ss 5(b) and (c) of the 2011 Rules is a requirement that a medical centre habitually or ordinarily operates at least 70 hours in each consecutive period of seven days, with no exception for public holidays unless expressly stated. The evidence before the Authority demonstrated the medical centre was not open at least 70 hours each week. The Authority’s recommendation and Secretary’s approval were not authorised by the enactment, and there was no evidence to justify the recommendation and approval.

Jurisdiction
Australia
Judgment Date
11 February 2020
Procedural Posture
Judicial Review / Partial Hearing of Grounds 1, 2, and 2 a
Outcome
Grounds 1, 2, and 2A of the amended originating application made out. Final orders deferred to parties for agreement or further submissions within 14 days.
Legal Topics
['judicial Review' 'statutory Interpretation' 'approval to Supply Pharmaceutical Benefits' 'definition of Large Medical Centre']
['administrative Law'] ['judicial Review' 'statutory Interpretation' 'approval to Supply Pharmaceutical Benefits' 'definition of Large Medical Centre']

Case Brief

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Procedural Posture

Judicial Review / Partial Hearing of Grounds 1, 2, and 2 a

Legal Issues

  1. 1 ["Proper construction of 'at least 70 hours each week' in ss 5(b) and (c) of the 2011 Rules" 'Whether requirements in ss 5(b) and (c) are jurisdictional facts' 'Whether Authority’s recommendation and Secretary’s approval were authorised under National Health Act 1953 (Cth) and National Health (Australian Community Pharmacy Authority Rules) Determination 2011' 'Whether there was no evidence to justify recommendation and approval']

Ratio Decidendi

The correct interpretation of 'at least 70 hours each week' in ss 5(b) and (c) of the 2011 Rules is a requirement that a medical centre habitually or ordinarily operates at least 70 hours in each consecutive period of seven days, with no exception for public holidays unless expressly stated. The evidence before the Authority demonstrated the medical centre was not open at least 70 hours each week. The Authority’s recommendation and Secretary’s approval were not authorised by the enactment, and there was no evidence to justify the recommendation and approval.

Court Disposition

Grounds 1, 2, and 2A of the amended originating application made out. Final orders deferred to parties for agreement or further submissions within 14 days.

Orders

  • ["The name of the second respondent be amended to 'The Secretary, Department of Health'." 'By 4 pm on 25 February 2020, the parties must provide agreed draft orders reflecting these reasons and with respect to relief and costs.' 'If orders are not agreed, by 4 pm on 25 February 2020, each party must provide draft...