Federal Court of Australia
Federal Court of Australia
Freedom Pharmaceutical Pty Ltd v Minister for Health [2021] FCA 213 File number: NSD 118 of 2020
Judgment of: BURLEY J
Date of judgment: 12 March 2021
Catchwords: ADMINISTRATIVE LAW – application for review of decision of Minister made pursuant to s 90A(2) of the National Health Act 1953 (Cth) granting approval to supply pharmaceutical benefits at a premises – whether decision legally unreasonable – whether Minister failed to observe procedures required by law to be observed – whether error of law in definition of "community" – whether error of law in consideration of "reasonable access" – whether error of law in determination of public interest – adequacy of reasons – whether irrelevant considerations taken into account – application dismissed STATUTORY INTERPRETATION – scope of Minister's discretion in s 90A(2) of the National Health Act 1953 (Cth) – whether discretion limited by purpose of legislative scheme
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(b), s 5(1)(e), s 5(1)(f), s 5(1)(g), s 13, National Health Act 1953 (Cth) s 6(1)(ab), s 90, s 90A, s 90B, s 90D, s 99K, s 99L National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) r 5, r 10, r 11 National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (Cth)
Cases cited: Aerocare Flight Support Pty Ltd v Transport Workers' Union of Australia [2018] FCAFC 74; 261 FCR 175 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) [2009] HCA 41; 239 CLR 27 Assarapin v Australian Community Pharmacy Authority [2016] FCAFC 9; 239 FCR 161 Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 93 Comcare Australia v Lees [1997] FCA 1415; 151 ALR 647 Goodwin v Commissioner of Police [2020] FCA 950 Kong v Minister for Health [2014] FCAFC 149; 227 FCR 215 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Stambe v Minister for Health [2019] FCA 43; 270 FCR 173 Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCAFC 163 Walkerden v Wodonga Pharmacy Pty Ltd [2015] FCA 273; 230 FCR 243
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