Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2023] FCA 1652

Federal Court of Australia

Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2023] FCA 1652 File number(s): QUD 293 of 2022

Judgment of: MEAGHER J

Date of judgment: 21 December 2023

Catchwords: ADMINISTRATIVE LAW – Judicial review – Recommendation to the Secretary of the Department for Health and Aged Care by the Australian Community Pharmacy Authority (Authority) that approval be granted to supply pharmaceutical benefits from a particular premises – Where approval is granted to supply pharmaceutical benefits from a particular premises – Whether Authority had jurisdiction to make recommendation – Whether Authority had to have regard to with local government and State and Territory planning laws – Consideration of the definition of proposed premises – Application dismissed PRACTICE AND PROCEDURE – Notice of Objection to Competency – Whether applicant has standing – Whether applicant has interests exceeding those of ordinary members of the public – Where purported standing has changed from when application was filed – Whether economic interest and close proximity of premises satisfies standing – Notice of objection to competency dismissed

Legislation: Acts Interpretation Act 1901 (Cth) ss 13,15AA, 15AB Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Legislation Act 2003 (Cth) ss 13(1), 13(1)(c) National Health Act 1953 (Cth) ss 90, 90(A), 90(3A), 99L Planning Act 2016 (Qld) ss 49(1), 71, 72, 229(3)(g) National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) rr 5, 10(2), 10(3), 11(a), Sch 1, Pt 2, Item 130