Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shaffer v Secretary, Department of Health & Aged Care [2002] FCA 1028 SOCIAL WELFARE – National Health Legislation – Pharmaceutical Benefits Scheme – approved pharmacists – cancellation of approval where not carrying on business at premises in respect of which pharmacist is approved – whether mandatory or discretionary power – nature of discretion. National Health Act 1953, s 98(3) W H Soul Pattinson & Co Ltd v Secretary, Department of Health and Family Services (1997) 74 FCR 339 not followed SUSAN HENRIETTA SHAFFER v SECRETARY, DEPARTMENT OF HEALTH & AGED CARE N 940 of 2001 WHITLAM J 16 AUGUST 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 940 of 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SUSAN HENRIETTA SHAFFER
APPLICANT
AND: SECRETARY, DEPARTMENT OF HEALTH
AND AGED CARE
RESPONDENT
JUDGE: WHITLAM J
DATE OF ORDER: 16 AUGUST 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 940 of 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SUSAN HENRIETTA SHAFFER
APPLICANT
AND: SECRETARY, DEPARTMENT OF HEALTH
AND AGED CARE
RESPONDENT
JUDGE: WHITLAM J
DATE: 16 AUGUST 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 On 5 July 2000 a delegate of the respondent cancelled the approval of the applicant under s 90 of the National Health Act 1953 ("the Act"). The applicant applied to the Administrative Appeals Tribunal ("the Tribunal") for review of that decision. On 21 May 2001 the Tribunal affirmed the delegate's decision. This is an appeal from the Tribunal's decision. 2 Under s 90 of the Act the respondent has the power to approve a pharmacist for the purpose of supplying pharmaceutical benefits from "particular premises". The applicant was an approved pharmacist under s 90 in respect of premises at 145 Canterbury Road in the Sydney suburb of Canterbury. The approval number was 0865M.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate