Pfizer Pty Ltd v Birkett [2000] FCA 303

FEDERAL COURT OF AUSTRALIA

Pfizer Pty Ltd v Birkett [2000] FCA 303 ADMINISTRATIVE REVIEW – Administrative Decisions (Judicial Review) Act 1977 (Cth) – National Health Act 1953 (Cth) – role of the Pharmaceutical Benefits Advisory Committee (PBAC) - Pharmaceutical Benefits Scheme (PBS) – PBAC declined to recommend to the Minister that Viagra (sildenifil) should be made available as a pharmaceutical benefit – whether the PBAC took irrelevant considerations into account – whether the PBAC is limited to considering medical factors when deciding whether to make a recommendation – whether the PBAC can take into account the overall cost to the Government – whether the PBAC failed to take relevant considerations into account – whether the PBAC breached the rules of natural justice – the extent to which the person affected by a decision needs to be informed of the details of the matters being considered – Wednesbury unreasonableness Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 and 13 National Health Act 1953 (Cth), ss 85, 85B, 88A, 101 and 101A The Queen v The Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45, followed Murphyores Incorporated Pty Ltd v Commonwealth (1976) 136 CLR 1, followed Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, followed O'Sullivan v Farrer (1989) 168 CLR 210, followed Ansett Transport Industries Ltd v Minister for Aviation (1987) 72 ALR 469, followed Kioa v West [1985] 159 CLR 550, followed Telstra Corporation Ltd v Kendall (1995) 55 FCR 221, followed Minister for Health v Thomson (1985) 8 FCR 213, followed PFIZER PROPRIETARY LIMITED v DONALD JOHN BIRKETT, MERVYN JOHN EADIE, TERESA RITA O'ROURKE CRAMOND, GORDON JOHNSON, ROSEMARY MUNRO, SIAN MARY HUGHES, DAVID ALEXANDER HENRY, EDWARD KEITH GRAVER, JOHN FARQUHAR MACDONALD, AUBREY PITT, and ERICA MARY COHN, EACH IN THEIR CAPACITY AS MEMBERS OF THE PHARMACEUTICAL BENEFITS ADVISORY COMMITTEE MATHEWS J 20 MARCH 2000 SYDNEY