Health Alert (Australia) - July 14, 2014


In This Issue:

Judgments; Legislation; and Reports.

Excerpt from Judgments:

Commonwealth -

4 July 2014 - Angelos v Minister for Health [2014] FCA 706 -

This was an application made to the Federal Court of Australia for judicial review of a decision by the Minister for Health denying a pharmacist permission to provide Pharmaceutical Benefits from a newly proposed premises. The Minister rejected the pharmacist's application because the proposed location was more than a kilometre away from its existing location. The pharmacist asked the Minister to exercise her discretion to intervene, on the basis the pharmacy was one of only two late night pharmacies in the area. The Minister refused, determining that the community would continue to enjoy reasonable access to pharmaceutical benefits through a well-distributed network of local pharmacies.

The pharmacist argued the decision of the Minister should be quashed on a number of grounds, including that he had not been given an opportunity to provide a response to public submissions, including letters contending it would be inappropriate for the pharmacy to conduct a methadone program at the proposed location, because of the proximity of nearby schools and residential areas. The Minister argued she was not required to raise it with the pharmacist as she had not relied on these in making her decision...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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