Terry White Chemists Australia Fair v Secretary to the Department of Health and Ageing [2009] FCAFC 74

Terry White Chemists Australia Fair v Secretary to the Department of Health and Ageing [2009] FCAFC 74

Section 90(4) of the National Health Act does not require the Secretary to consider State or Territory town planning or land use laws when granting approval for the supply of pharmaceutical benefits; the approval granted only confers rights within the scope of the Pharmaceutical Benefits Scheme and does not displace requirements for other permits or authorisations under State or Territory law.

Parties
Appellant: Terry White Chemists Australia Fair A Limited Partnership; First Respondent: Secretary to the Department of Health and Ageing; Second Respondent: Marcello Verrocchi
Jurisdiction
Australia
Judgment Date
19 June 2009
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
Validity of Administrative Decision, Approval to Supply Pharmaceutical Benefits, Interaction Between Commonwealth and State Law, Interpretation of S 90(4) National Health Act
Administrative Law Health Law Planning and Environment Law Validity of Administrative Decision Approval to Supply Pharmaceutical Benefits Interaction Between Commonwealth and State Law Interpretation of S 90(4) National Health Act

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Parties

Terry White Chemists Australia Fair A Limited Partnership

Appellant

Secretary to the Department of Health and Ageing

First Respondent

Marcello Verrocchi

Second Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether Secretary's approval under s 90(1) of the National Health Act was invalid due to lack of State planning permit (s 90(4))
  2. 2 Whether s 90(4) requires consideration of State or Territory town planning and land use laws in the approval process
  3. 3 Extent of limitation imposed by s 90(4) on Secretary's power

Ratio Decidendi

Section 90(4) of the National Health Act does not require the Secretary to consider State or Territory town planning or land use laws when granting approval for the supply of pharmaceutical benefits; the approval granted only confers rights within the scope of the Pharmaceutical Benefits Scheme and does not displace requirements for other permits or authorisations under State or Territory law.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondents' costs of the appeal.