Department of Health and Aged Care
National Health Act 1953
Revocation of pharmacist’s approval – Sabina Grewal (2022/09)
I, Karen Prstec, Acting Director, Compliance Enforcement and Professional Review Branch, Benefits Integrity and Digital Health Division, acting as delegate of the Minister for Health and Aged Care, have made a decision under section 134A(1) of the National Health Act 1953 (the Act) to publish in the Gazette particulars of a decision made on 8 April 2022 to revoke Ms Sabina Grewal’s approval, under section 90 of the Act, to supply pharmaceutical benefits at 316 Pacific Highway, Lindfield NSW 2070 (the approved premises). Ms Grewal’s approval number for the approved premises was 16280W.
Ms Grewal’s approval in respect of the approved premises was revoked by a delegate of the Minister for Health and Aged Care pursuant to section 133(2)(b) of the Act on the basis that Ms Grewal was convicted by the New South Wales District Court on 12 March 2021 of an offence of engaging in a course of conduct with the intention of dishonestly obtaining a gain from the Commonwealth, contrary to section 135.1(1) of the Criminal Code Act 1995.
This revocation decision means that, with effect from 8 April 2022, Ms Grewal ceased to be an approved pharmacist under the Act and was, from that date, unable to supply pharmaceutical benefits at the approved premises and be paid by the Commonwealth for the supply of a pharmaceutical benefit at the approved premises.
Note – This notice replaces the Revocation of pharmacist’s approval – Sabina Grewal (2022/04) published 4 July 2022 (Gazette – C2022G00537)
Karen Prstec
Delegate of the Minister for Health and Aged Care
Acting Director
Civil and Administrative Enforcement Section
Compliance Enforcement and Professional Review Branch
Benefits Integrity and Digital Health Division
27 September 2022
Overview
The National Health Act 1953 was enacted to provide a legislative framework for the administration of the national health system in Australia. This legislation was introduced to address the need for regulation and oversight of health services, including the supply of pharmaceutical benefits, to ensure they are provided efficiently and effectively. The Act empowers the Minister for Health and Aged Care to revoke the approval of pharmacists who have been involved in dishonest conduct. This particular revocation decision was made by Karen Prstec, acting as the delegate of the Minister, under section 134A(1) of the Act. The policy objective behind this revocation was to uphold the integrity of the pharmaceutical benefits scheme by removing individuals who have been convicted of offences involving dishonesty from participating in the supply of pharmaceutical benefits. This action ensures that approved premises can no longer be used for the supply of pharmaceutical benefits and that the Commonwealth will not make payments for such supplies at these premises.
Scope and Application
The National Health Act 1953 applies to individuals and entities involved in the supply of pharmaceutical benefits, particularly pharmacists, and the entities they operate within, such as approved premises. In the case of Sabina Grewal, her approval to supply pharmaceutical benefits was revoked by a delegate of the Minister for Health and Aged Care due to her conviction for dishonest conduct under the Criminal Code Act 1995. This decision falls within the jurisdiction of the Commonwealth and affects the person’s ability to continue supplying pharmaceutical benefits and be reimbursed by the Commonwealth. The Act provides mechanisms for revocation of approval based on certain conduct or criminal convictions, thus impacting the pharmacist’s professional standing and their ability to engage in pharmaceutical transactions under the Act.
Key Provisions
The National Health Act 1953 provides the legal framework for regulating the supply of pharmaceutical benefits in Australia. Section 90 of the Act allows the Minister for Health and Aged Care to approve certain premises as approved premises for the supply of pharmaceutical benefits. Section 134A(1) of the Act enables the Minister to delegate the power to revoke such approvals to a delegate, who can publish particulars of the revocation decision in the Gazette. In this case, the Acting Director of Compliance Enforcement and Professional Review Branch has exercised this power under section 133(2)(b) to revoke Sabina Grewal's approval to supply pharmaceutical benefits at her premises located at 316 Pacific Highway, Lindfield NSW 2070, due to her conviction for an offence under the Criminal Code Act 1995.
The Act imposes obligations on approved pharmacists to comply with the conditions of their approval and to act in accordance with the law. Approved pharmacists must ensure that they do not engage in any conduct that would bring the profession into disrepute or compromise the integrity of the pharmaceutical benefits scheme. They must also maintain accurate records of all pharmaceutical benefits supplied and be available for inspection by authorised officers. The Act also requires pharmacists to report any changes to their business operations, such as a change of address, to the Minister within a specified period.
The Act provides for a range of penalties and consequences for breaches of its provisions. Under section 134A(4) of the Act, a person who contravenes a provision of the Act or a condition of their approval may be liable to a civil penalty of up to $22,200 for each contravention. In addition, the Act provides for criminal penalties, including fines of up to $66,000 and imprisonment for up to two years, for serious or repeated breaches of the Act. The revocation of Sabina Grewal's approval is a significant consequence of her breach of the Act, as it prevents her from supplying pharmaceutical benefits and being paid by the Commonwealth for such supplies at the approved premises.