Wong v Australian Community Pharmacy Authority [2011] FCA 52

FEDERAL COURT OF AUSTRALIA

Wong v Australian Community Pharmacy Authority [2011] FCA 52 Citation: Wong v Australian Community Pharmacy Authority [2011] FCA 52

Parties: SHUI SU WONG v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY, SECRETARY OF THE DEPARTMENT OF HEALTH AND AGEING and ROBERT PEARSON

File number: WAD 129 of 2010

Judge: SIOPIS J

Date of judgment: 7 February 2011

Catchwords: ADMINISTRATIVE LAW – whether pharmacist whose economic interest would be affected by the recommendation of the Australian Community Pharmacy Authority that another pharmacist be approved to supply pharmaceutical benefits, is entitled to be accorded procedural fairness in relation to the decision to make the recommendation - whether the Authority failed to take into account a relevant consideration – whether the decision of the Authority to make the recommendation was unreasonable.

Legislation: National Health Act 1953 (Cth) s 90 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Judiciary Act 1903 (Cth) s 39B National Health (Australian Community Pharmacy Authority Rules) Determination 2006 Sch 1 Pt 1 rule 107

Cases cited: Martin v Pharmacy Restructuring Authority (1994) 34 ALD 534 Pharmacy Restructuring Authority v Martin (1994) 53 FCR 589 Loveridge v Pharmacy Restructuring Authority (1995) 39 ALD 103 The Pharmacy Guild of Australia v Australian Community Pharmacy Authority (1996) 46 ALD 310 Wood v Australian Community Pharmacy Authority [2001] FCA 1592 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630