Wood v Australian Community Pharmacy Authority [2002] FCA 1592

FEDERAL COURT OF AUSTRALIA

Wood v Australian Community Pharmacy Authority [2002] FCA 1592 ADMINISTRATIVE LAW – application by pharmacist under s 90 of National Health Act 1953 (Cth)for approval to supply pharmaceutical benefits – judicial review of decision by Australian Community Pharmacy Authority to recommend approval – whether Authority failed to have regard to a relevant consideration – whether Authority failed to accord procedural fairness in the decision-making process Administrative Decisions (Judicial Review) Act 1977 (Cth) National Health Act 1953 (Cth)ss 90(1), 99K, 99L National Health (Pharmaceutical Benefits) Regulations 1960 regs 27, 28, 33 Smoker v Pharmacy Restructuring Authority (1994) 53 FCR 287 cited Pharmacy Restructuring Authority v Martin (1994) 53 FCR 589 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 applied Kioa v West (1985) 159 CLR 550 applied Cenrin Pty Ltd v Lamb (1993) 42 FCR 167 cited Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 cited Annetts v McCann (1990) 170 CLR 596 applied ROBYN KATHERINE WOOD v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY and SECRETARY OF THE DEPARTMENT OF HEALTH AND AGEING and GREGORY ALAN MACKENZIE W297 OF 2002 LEE J 19 DECEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W297 OF 2002

BETWEEN: ROBYN KATHERINE WOOD

Applicant

AND: AUSTRALIAN COMMUNITY PHARMACY AUTHORITY

First Respondent

SECRETARY OF THE DEPARTMENT OF HEALTH AND AGEING

Second Respondent

GREGORY ALAN MACKENZIE

Third Respondent

JUDGE: LEE J

DATE OF ORDER: 19 DECEMBER 2002

WHERE MADE: PERTH