Assarapin v Australian Community Pharmacy Authority [2016] FCAFC 9

FEDERAL COURT OF AUSTRALIA

Assarapin v Australian Community Pharmacy Authority [2016] FCAFC 9 Appeal from: Assarapin v Australian Community Pharmacy Authority [2015] FCA 268

File number: NSD 447 of 2015

Judges: BROMBERG, RANGIAH AND PERRY JJ

Date of judgment: 3 February 2016

Catchwords: ADMINISTRATIVE LAW – where pharmacy approved under s 90 of the National Health Act 1953 (Cth) located in a building within a shopping centre which was demolished – where approval was "deactivated" pending relocation to new premises under s 98 of the National Health Act 1953 (Cth) – whether error of law in Secretary's decision to grant approval for the new premises under s 90 of the National Health Act 1953 (Cth) and decision of the Australian Community Pharmacy Authority (the Authority) to recommend the grant of approval STATUTORY INTERPRETATION - whether it was open to the Authority to find that the approved premises ceased to be "within a facility" within the meaning of item 124 of Sch 1 of Part 1 the National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (the Rules) on demolition of the building where they were located – where no error in decision of the primary judge upholding the recommendation and grant of approval ADMINISTRATIVE LAW – cross-appeal as to whether the appellants were "persons aggrieved" for the purposes of s 3 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether it was necessary for the appellants to establish that they were financially worse off – where the Rules assume that other approved pharmacies proximate to the proposed premises will be adversely affected