Assarapin v Australian Community Pharmacy Authority

The case of Assarapin v Australian Community Pharmacy Authority involved the appellants, a group of pharmacy owners, challenging the decision of the Australian Community Pharmacy Authority (the Authority) to recommend and the Secretary to grant approval for a new pharmacy to be established. The pharmacy in question was initially approved under the National Health Act 1953 (Cth) but was located in a building that was subsequently demolished within a shopping centre. The key legal issue before the court was whether the Authority was correct in its interpretation of the National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (the Rules) when it found that the approved premises had ceased to be "within a facility" upon demolition, thus satisfying the requirement of item 124 of Schedule 1 of the Rules. The court had to determine if this interpretation was a permissible one under the Rules and if the Authority's decision was lawful.

The court found that the Authority's interpretation of the Rules was correct and that there was no error of law in the Authority's decision. The court reasoned that the term "existing premises" in item 124 of the Rules could be understood as the premises subject to an existing approval, and since the premises were not within a facility at the time of the Authority's decision due to the demolition, the requirements of the Rules were satisfied. Furthermore, the court dismissed the appellants' cross-appeal regarding their standing to challenge the decision, holding that they did not need to establish financial detriment to be considered "persons aggrieved" under the Administrative Decisions (Judicial Review) Act 1977 (Cth).

The court ultimately dismissed both the appeal and the cross-appeal, affirming the Authority's decision to recommend and the Secretary's decision to grant approval for the new pharmacy premises. Costs were reserved for later determination.