Porteous v Pharmacy Board of Australia

Ms Porteous has brought proceedings against the Pharmacy Board of Australia, seeking a review of a decision made by the Board. The Board's decision was based on a reasonable belief that Ms Porteous provided significant quantities of Schedule 8 and Schedule 4 medication and syringes to Ms D, a casual employee of the pharmacy and a patient who had not been prescribed any of the medication. Ms Porteous denies these allegations. The Board's decision was made pursuant to the Health Practitioner Regulation National Law (Qld).

The primary legal issue before the court was whether the Board's decision to refer the matter for investigation was reasonable, in light of the material before the Board. The court considered whether the Board had a reasonable belief that Ms Porteous had provided dangerous medications and large quantities of prescriptions to Ms D, and whether the Board's decision to refer the matter for investigation was therefore reasonable.

The court found that the Board's decision to refer the matter for investigation was reasonable, in light of the material before the Board. The court noted that the Board had a reasonable belief based on the information available to it, and that it was not the role of the Tribunal to reach conclusions on factual disputes. The court also found that it was not necessary for the Tribunal to reach any firm conclusions about the evidence of Ms Z and Ms D, as the Board had referred the matter for investigation and the investigation was ongoing.

The court dismissed the application and noted that the investigation referred to by the Board was ongoing.