Hendy and Secretary, Department of Health

The applicant, Mr Hendy, sought review of a decision by the Australian Community Pharmacy Authority (ACPA) not to recommend his proposed pharmacy for approval to supply pharmaceutical benefits. The Secretary of the Department of Health was the respondent. The dispute concerned whether the proposed pharmacy premises met the minimum distance requirements from other approved pharmacies as stipulated by the Pharmacy Location Rules.

The primary legal issue before the Tribunal was to determine the correct interpretation and application of the Pharmacy Location Rules, specifically concerning the minimum distance requirements between pharmacies. This involved assessing whether the proposed location of Mr Hendy's pharmacy complied with these rules, which are designed to regulate the establishment of new pharmacies.

The Tribunal affirmed the ACPA's decision, finding that the proposed pharmacy premises were located less than the required minimum distances from other approved pharmacies. The Tribunal applied the Pharmacy Location Rules as interpreted by the ACPA, concluding that the applicant had not satisfied the spatial requirements for approval. Consequently, the decision under review was affirmed.