Australian Community Pharmacy Authority v Hanna, Ibram [1997] FCA 33

CATCHWORDS HEALTH LAW - application for approval to supply pharmaceutical benefits - eligibility criteria under Rules determined under s 99L National Health Act 1953 - meaning of 'shortest lawful access route' between premises - factors relevant to identify "access route". HEALTH LAW - application for approval to supply pharmaceutical benefits - eligibility criteria under Rules determined under s 99L National Health Act 1953 - "definite community need" - whether "isolation from, or a poor, public transport system" is compendious expression or expression of two separate and necessary conditions - whether vehicular usage by population relevant - use of survey evidence. National Health Act 1953 ss 90, 99K, 99L and 105AD Administrative Appeals Tribunal Act 1975: ss 33 and 44 Smoker v Pharmacy Restructuring Authority (1994) 125 ALR 577 Collector of Customs v Agfa-Gevaert Limited (1997) 141 ALR 59 Pharmacy Restructuring Authority v Chatfield (1993) 116 ALR 76 Pharmacy Restructuring Authority v Martin (1994) 53 FCR 589 Big Country Developments Pty Ltd v Australian Community Pharmacy Authority (1995) 40 ALD 32 The Pharmacy Guild of Australia v Australian Community Pharmacy Authority (Branson J, 20 November 1996, unreported) Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 No SG 102 of 1996 AUSTRALIAN COMMUNITY PHARMACY AUTHORITY v IBRAM HANNA Mansfield J Adelaide 6 February 1997

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 102 of 1996 ) GENERAL DIVISION ) BETWEEN: AUSTRALIAN COMMUNITY PHARMACY AUTHORITY Applicant - and - IBRAM HANNA Respondent MINUTES OF ORDER CORAM: Mansfield J PLACE: Adelaide DATE: 6 February 1997 THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The matter be referred back to the Administrative Appeals Tribunal for further consideration of its conclusion in relation to r5(a)(i) of the applicable Rules under s99L of the National Health Act 1953. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.