St Mary Health & Community Services Pty Ltd and Australian Community Pharmacy Authority

This matter concerned an application by St Mary Health & Community Services Pty Ltd for review of a decision by the Australian Community Pharmacy Authority (the Authority) recommending that St Mary's application for approval to supply pharmaceutical benefits at specified premises not be approved. Mr Brian Monaghan, a local pharmacy owner, was joined as a party to the proceedings. The Authority adopted a passive role, making submissions regarding its powers and procedures.

The primary legal issues before the Tribunal were whether, at all relevant times, there were at least the equivalent of four full-time prescribing medical practitioners practising in the same town as the proposed premises, and whether there were one or two supermarkets occupying a combined total gross leasable area of at least 2500 square metres in the same town. A further issue arose concerning the admissibility of hearsay evidence presented by St Mary regarding the hours worked by two general practitioners.

The Tribunal considered the legislative framework, including sections of the National Health Act and the National Health (Australian Community Pharmacy Authority Rules) Determination 2011, which govern the approval of pharmacists and the functions of the Authority. The Tribunal affirmed its power under section 33 of the Administrative Appeals Tribunal Act 1975 to conduct proceedings with informality and to admit evidence that would not be admissible in a court, provided it is relevant and its admission is fair to the parties. Applying this principle, the Tribunal accepted hearsay evidence regarding the medical practitioners' hours, finding it relevant and that its admission, in the circumstances, did not render the hearing unfair, particularly given the opportunity for the opposing party to present contrary evidence.

The decision of the Australian Community Pharmacy Authority on 9 November 2015 was affirmed.