Ranallo and Australian Community Pharmacy Authority

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 533

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No 2007/5069

GENERAL ADMINISTRATIVE DIVISION		)
Re		AMBER JANE RANALLO

Applicant

And AUSTRALIAN COMMUNITY PHARMACY AUTHORITY

Respondent

DECISION

Tribunal Deputy President S D Hotop
Dr P A Staer, Member

Date25 June 2008

PlacePerth

Decision The Tribunal affirms the decision under review.

..........[sgd S D Hotop]........

4.       On 18 October 2007 the applicant lodged with the Tribunal an application for review of the respondent’s recommendation.

The Relevant Legislation

5. The relevant provisions of the Act are as follows:

“Part VII – Pharmaceutical benefits

…

84     Interpretation

(1)       In this part, unless the contrary intention appears:

…

Authority means the Australian Community Pharmacy Authority established under section 99J.

…

90     Approved pharmacists

(1)Subject to this section, the Secretary may, upon application by a pharmacist who is willing to supply pharmaceutical benefits on demand at particular premises, approve that pharmacist for the purpose of supplying pharmaceutical benefits at or from those premises.

…

(3A)Subject to subsections (3AA) and (3AE), an application under this section must be referred to the Authority.

…

99J    Establishment of Authority

(1)An Authority is established.

(2)The name of the Authority is the Australian Community Pharmacy Authority.

99K   Functions

(1)The functions of the Authority are:

(a)to consider applications under section 90; and

(b)to make, in respect of an application under section 90:

(i)a recommendation whether or not the applicant should be approved under that section in respect of particular premises; and

(ii)if an approval is recommended – recommendations as to the conditions (if any) to which the approval should be subject; and (sic)

(2)In making a recommendation under subsection (1), the Authority must comply with the relevant rules determined by the Minister under section 99L.

(3)All recommendations of the Authority under subsection (1) are to be made to the Secretary.

99L   Determination of rules by Minister

(1)The Minister must, by writing, determine the rules subject to which the Authority is to make recommendations under subsection 99K(1).

(2)A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.”

6. The relevant provisions of the Determination, which was made under s 99L(1) of the Act, are as follows:

“6        Interpretation

(1)       In this Determination:

Act means the National Health Act 1953.

application means an application under section 90 of the Act.

Note     This Determination divides applications for approvals in respect of proposed premises into 2 classes:

·     applications that involve the cancellation of an existing approval (see Part 1 of Schedule 1); and

·     applications that do not involve the cancellation of an existing approval (see Part 2 of Schedule 1).

approved premises means premises in respect of which an approval granted under section 90 of the Act is in force.

…

large medical centre means a medical centre:

(a)       that is under single management; and

(b)       that…