Minister’s discretionary power to approve a pharmacist

Section 90A of the National Health Act 1953 provides the Minister for Health and Aged Care with a discretionary power to approve a pharmacist to supply pharmaceutical benefits at particular premises. Further information on the discretionary power is provided below.

Page last updated: 16 June 2021

A request that the Minister exercise discretion to approve a pharmacist to supply pharmaceutical benefits at particular premises may be made if that pharmacist made an application for approval to supply pharmaceutical benefits at those premises, and that application was rejected because it did not meet the requirements of the Pharmacy Location Rules.

To exercise this discretionary power, the Minister must be satisfied that:

a) the decision not to approve the pharmacist will result in a community being left without reasonable access to the supply of pharmaceutical benefits by an approved pharmacist; and

b) it is in the public interest to approve the pharmacist.

Further information on the discretionary power is available in the Ministerial Discretion Guidelines. Pharmacists intending to make a request to the Minister should consult the Guidelines for instructions on preparing and submitting a request. The Request form and Guidelines can be downloaded from this web site.

If you have any questions, please refer to the Frequently Asked Questions page or email 90Apharmacy@health.gov.au