Medicines, Poisons and Therapeutic Goods Amendment Regulation 2020 (No 4) (ACT)

The Australian Capital Territory (ACT) government made the Medicines, Poisons and Therapeutic Goods Amendment Regulation 2020 (No 4), which amends the Medicines, Poisons and Therapeutic Goods Regulation 2008. The regulation introduces a new section 353, allowing nurses and midwives to administer vaccines without a prescription if they follow a direction from the chief health officer. This amendment seeks to address urgent public health needs, particularly in response to the COVID-19 pandemic.

The primary legal issue the court had to decide was whether the amendment was consistent with the Medicines, Poisons and Therapeutic Goods Act 2008. The court had to consider whether the regulation was within the scope of the enabling legislation and whether it adhered to the statutory requirements for disallowable instruments. The court also needed to determine if the regulation complied with the provisions of the Legislation Act, particularly in terms of notification and disallowance processes.

The court found that the regulation was consistent with the enabling Act and adhered to the statutory requirements. The regulation clearly outlined the authority of the chief health officer to issue directions for vaccine administration, which falls within the scope of the enabling Act. The court also confirmed that the disallowable instrument provisions were properly followed, with the regulation being notified and presented to the Legislative Assembly as required. The court concluded that the amendment was a valid exercise of the legislative power under the enabling Act.

As a result of the court's decision, the Medicines, Poisons and Therapeutic Goods Amendment Regulation 2020 (No 4) was upheld, allowing nurses and midwives to administer vaccines without a prescription as directed by the chief health officer. This amendment provides flexibility in public health responses, particularly during emergencies such as the COVID-19 pandemic.