Lucas v Secretary, Department of Health [2020] FCA 1603

Federal Court of Australia Lucas v Secretary, Department of Health [2020] FCA 1603 File number(s): NSD 682 of 2020 NSD 762 of 2020

Judgment of: RARES J

Date of judgment: 6 November 2020

Catchwords: STATUTORY INTERPRETATION – whether space not directly physically connected to existing approved particular premises capable of being "expansion" of existing premises under s 90(3AE) National Health Act 1953 (Cth) – whether Secretary had power to determine application for expansion of particular premises in one strata unit to space in another unit separated by common property – whether test objective or question of fact and degree for determining if expansion of particular premises in which pharmacy business situated will occupy any of space already occupied ADMINISTRATIVE LAW – whether Secretary had power to grant approval in name of corporation where application for approval to supply pharmaceutical benefits made in name of individual – whether Secretary had discretion to refuse approval under s 90(3D) National Health Act 1953 (Cth) on basis that recommendation of Australian Community Pharmacy Authority made incorrectly

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Health Legislation Amendment (Pharmacy Location Arrangements) Act 2006 (Cth) Judiciary Act 1903 (Cth) s 39B(1) National Health (Pharmaceutical Benefits) Regulations 2017 (Cth) regs 14(1)(1), 16(1)(e) National Health Act 1953 (Cth) ss 4(1), 4(3), 84(1), 90, 99K, 99L, 105AB(7), 105AD(2)(a) National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) r 8(3), item 124