Glaxosmithkline Australia Pty Ltd v Anderson [2003] FCA 617

Glaxosmithkline Australia Pty Ltd v Anderson [2003] FCA 617

The PBAC's statutory power to make recommendations, including specifying or varying circumstances for pharmaceutical benefit listing, is exercisable from time to time as occasion requires; neither the legislation nor its structure confines such power to a single occasion. The Minister similarly has power to amend or vary declarations, subject to statutory procedures. The applicant was afforded procedural fairness appropriate to the decision-making context, being on notice of the relevant issues and afforded the opportunity to comment. The Committee was entitled to rely on its collective expertise and the available material; the decision was not legally unreasonable or reached in breach of...

Jurisdiction
Australia
Judgment Date
20 June 2003
Procedural Posture
Application for Judicial Review / Final Judgment at First Instance
Outcome
Application dismissed with costs
Legal Topics
['statutory Interpretation' 'procedural Fairness' 'judicial Review of Administrative Action' 'pharmaceutical Benefits Scheme']
['administrative Law' 'health Law'] ['statutory Interpretation' 'procedural Fairness' 'judicial Review of Administrative Action' 'pharmaceutical Benefits Scheme']

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Procedural Posture

Application for Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether the Pharmaceutical Benefits Advisory Committee (PBAC) had power to vary its recommendation once made under s 101(3) of the National Health Act 1953 (Cth)' 'Whether the Minister for Health and Ageing had power to vary a declaration under s 85(4)' 'Whether PBAC may rely on its collective experience and expertise in absence of evidence' 'Whether PBAC acted on no evidence' 'Whether PBAC breached rules of natural justice / procedural fairness by not disclosing adverse information to the applicant or providing an adequate opportunity to respond']

Ratio Decidendi

The PBAC's statutory power to make recommendations, including specifying or varying circumstances for pharmaceutical benefit listing, is exercisable from time to time as occasion requires; neither the legislation nor its structure confines such power to a single occasion. The Minister similarly has power to amend or vary declarations, subject to statutory procedures. The applicant was afforded procedural fairness appropriate to the decision-making context, being on notice of the relevant issues and afforded the opportunity to comment. The Committee was entitled to rely on its collective expertise and the available material; the decision was not legally unreasonable or reached in breach of...

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs, such costs to be taxed in default of agreement."]