MELBOURNE pharmacist Dominic Stambe has successfully challenged a decision by Health Minister Greg Hunt which allowed the opening of a pharmacy in a medical centre a few hundred metres from Stambe's two outlets.
Despite the proximity, the Minister had approved the new pharmacy on the basis that it offered a 24 hour service, unlike other pharmacies in the area.
The application had previously been rejected by the Australian Community Pharmacy Authority.
Stambe applied for a judicial review in the Federal Court, which found Hunt had failed to give "genuine and realistic consideration" to information provided before using his discretion to approve the new pharmacy.
Stambe argued that there was a "saturation level of pharmacies in the area" and noted that they were open to match the hours of the GP services, seven days per week.
With the new pharmacy already open, the Minister's approval could not be reversed by Justice Debra Mortimer, who ruled that the parties should now negotiate on appropriate final orders, including costs, and if that failed, they were to make separate submissions.
The above article was sent to subscribers in Pharmacy Daily's issue from 01 Feb 19
To see the full newsletter, see the embedded issue below or CLICK HERE to download Pharmacy Daily from 01 Feb 19
