Recent Cases

Koutsouroupas v Minister for Health and Aged Care [2026] FCAFC 13 (25 February 2026) (Rangiah, Meagher and Needham JJ)


Catchwords:


ADMINISTRATIVE LAW – statutory construction – where s 92A(1)(f) and (1A) of the National Health Act 1953 (Cth) allowed Minister to determine conditions by legislative instrument – where Minister imposed conditions regarding “dispensing” and “supplying” in National Health (Pharmaceutical Benefits) (Conditions for approved pharmacists) Determination 2017 (Cth) – whether Minister had power to regulate “dispensing” of pharmaceutical benefits or only “supply” – whether conditions restricted supply of pharmaceutical benefits “from” approved premises – whether conditions inconsistent with s 90(5AA) of the Act – appeal dismissed