EXPLANATORY STATEMENT
Issued by the Authority of the Secretary to the Department of Health and Ageing
National Health Act 1953
National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist - documentary evidence) Determination 2005
Section 90 of the National Health Act 1953 (the NHA) provides for the Secretary to approve a pharmacist to supply PBS medicines at or from particular premises.
Part 3 to Schedule 1 of the Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004 (the Amendment Act) amends the NHA to facilitate the continuing supply of PBS medicines in the event of the death of a pharmacist who was approved under section 90 of the Act (an ‘approved pharmacist’).
The amendments enable a person who is, or is likely to become, an executor or administrator of the estate of a deceased approved pharmacist, to apply for permission to supply PBS medicines at or from the premises in respect of which the deceased pharmacist had been approved.
Such an application must be accompanied by documentary evidence, as determined by the Secretary under subsection 91(2)(c) of the NHA. The evidence set out in this Determination relates to the identity of the applicant and the nature of their claim, and will enable the Secretary to decide whether the applicant is, or is likely to become, the executor of the administrator of the deceased approved pharmacist’s estate. Details are provided in the Attachment.
The Determination is as comprehensive as possible, however it need not be exhaustive since subsection 91(4) of the NHA provides for the Secretary to request additional evidence from an applicant in order to make a decision in respect of an application.
The Determination has effect from the day after it is registered with the Federal Register of Legislative Instruments.
ATTACHMENT
Details of the National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist - documentary evidence) Determination 2005
Section 1 provides for the Determination to be referred to as National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist) Determination 2005.
Section 2 provides for the Determination to commence on the day after the Determination is registered with the Federal Register of Legislative Instruments.
Section 3 defines “Act” to mean the National Health Act 1953 and “certified copy” to mean a copy of a document certified to be a true copy by a person identified by regulation 4 of the Statutory Regulations 1993.
Section 4 sets out the documentary evidence that is required by an applicant in respect of an application under subsection 91(1) of the National Health Act 1953, as set out below:
(a) The applicant must provide evidence of his or her identity. Photographic evidence such as a license or a passport is preferable. Where this may not be available, the applicant must provide a certified document including his or her signature and a statutory declaration by the applicant that he or she is the person named in the first document.
(b) The applicant must provide evidence that he or she is, or is likely to become, the executor or administrator of the estate of the deceased approved pharmacist. This encompasses various circumstances, for example:
Where the applicant is an executor or administrator of the estate of a deceased approved pharmacist
The applicant should provide certification that he or she has been granted either probate or letters of administration by the court.
Where the applicant is likely to become the executor of the estate of a deceased approved pharmacist
The applicant should provide a copy of his or her application to the court for probate.
Where the applicant has not yet applied for probate, the applicant should provide a statutory declaration that he or she will, as soon as is reasonably practicable, apply for probate and that, to his or her knowledge, there is no reason such an application would be refused.
Where the applicant is likely to become the administrator of the estate of a deceased approved pharmacist
The applicant should provide evidence of his or her relationship with the deceased approved pharmacist. This will assist the decision-maker to assess the likelihood of the applicant being granted letters of administration by the court.
In addition, if there are persons other than the applicant that have an equal or higher priority entitlement to a grant of letters of administration, the applicant should provide evidence that those other persons consent to the applicant applying for letters of administration.
In circumstances where a will was made by the deceased approved pharmacist naming the applicant as his or her executor and that will was not properly executed, the applicant should provide evidence to this effect.
(c) The applicant must provide a certified copy of the death certificate of the deceased approved pharmacist.
(d) Where the deceased approved pharmacist died testate, the applicant must provide a certified copy of the deceased approved pharmacist’s will, together with a statutory declaration that, to his or her knowledge, it is the last will and testament of the deceased approved pharmacist.
(e) Where the deceased approved pharmacist died intestate and the applicant has applied for letters of administration, the applicant must provide a certified copy of his or her application for letters of administration, together with a statutory declaration that, to his or her knowledge, there is no reason such an application would be refused.
(f) Where the deceased approved pharmacist died intestate and the applicant has not applied for letters of administration, the applicant must provide a statutory declaration that he or she will apply for letters of administration as soon as practicable and that, to his or her knowledge, there is no reason such an application would be refused