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Pharmacy Location Rules

Frequently Asked Questions for the implementation of the amended Rules - 2011

When do the amended Rules come into effect?

The amended Rules will come into effect on 18 October 2011. This means that all applications lodged on or after this date will be considered under the amended Rules. Any applications received prior to this date will be considered under the Rules in effect prior to 18 October 2011.

Why have the Rules been changed?

A review of the Rules in 2010 identified opportunities to enhance and simplify the Rules and the application process. The review findings addressed areas such as the application, assessment and appeals processes, and the requirement for clarity regarding the Rules and their implementation. It also found there was a need for greater flexibility to provide pharmacy services within emerging primary health care delivery models.

The amended Rules reflect the findings from the review and address other identified anomalies. They are intended to simplify the application process and encourage pharmacies to be established in areas of community need.

The changes have been agreed by the Department of Health and Ageing and the Pharmacy Guild of Australia and the Minister for Health and Ageing.

The Rules remain consistent with the overall objective of the National Medicines Policy to improve the health outcomes of all Australians through access to and quality use of medicines.

What are the major changes to the Rules?

In summary, the main changes to the Rules are:

1. The provision for new pharmacies to be established in defined facilities (small shopping centres, large shopping centres, private hospitals, large medical centres) and one pharmacy towns without requiring the relocation of an existing pharmacy approval.

2. Abolishing three relocation rules, including the short distance relocation between 1km and 1.5km (old Rule 105), the long distance relocation (old Rule 106), and the relocation to an urban locality as an additional pharmacy (old Rule 108). Provisions have been included in the Rules to allow applicants who were planning to lodge an application under Rules 105, 106 or 108 of the previous Rules and who had secured a legal right to premises prior to 18 October 2011, to lodge an application prior to 16 April 2012.

3. Simplifying the pharmacy catchment requirements by introducing an objective test based on existing services and attractions, specifically doctors and supermarkets.

4. Changing some of the requirements in the shopping centre rules by amending the definition of commercial establishment, defining “gross leasable area”, and increasing the number of shops required for a large shopping centre.

5. Amending the large medical centre rule to better reflect the need for pharmacy services in emerging health care delivery models.

6. No longer requiring the use of the Pharmacy Access / Remoteness Index for Australia (PhARIA) to determine the locality of proposed premises.

7. A requirement that all evidence to satisfy the rules must be provided at the date of application.

8. A requirement that the Australian Community Pharmacy Authority can not recommend that an application be approved if there is an approved pharmacy existing at the proposed premises on the date of application.

I already own and operate a pharmacy. How do these changes affect me?

If you already own and operate a pharmacy and do not wish to relocate the pharmacy, it is business as usual. The Rules only affect pharmacists wishing to establish a new pharmacy or relocate an existing pharmacy.

Where can I find out more about the changes?

More information about the changes is available on the Department of Health and Ageing website at www.health.gov.au/ACPA. Top of page

What happens if I have a legal right to premises before the date the amended Rules come into effect but the Rule under which I intended to apply has been abolished?

The amended Rules include provisions for applicants who were planning to lodge an application under Rule 105, 106 or 108 of the previous Rules and who had secured a legal right to premises prior to 18 October 2011. These provisions will expire on 16 April 2012.

How do I make an application?

Pharmacists wishing to lodge an application to relocate an existing or establish a new pharmacy should consult the Pharmacy Location Rules – Applicant’s Handbook 2011. The Handbook is available on the Department of Health and Ageing website at www.health.gov.au/ACPA. Applications will continue to be lodged through the Department of Human Services (Medicare).

Where do I find the meeting dates?

The meeting dates and the relevant application lodgement periods are available on the Department of Health and Ageing website at www.health.gov.au/ACPA.

Is there a new application form?

Yes, a new application form will be required for applications made on or after 18 October 2011. The new application form is available by following the links on the Department’s website at www.health.gov.au/ ACPA or by phoning 132 290 and asking to speak to the Pharmacy Program Officer in your state or territory. Pharmacists considering making an application are strongly advised to consult the Pharmacy Location Rules – Applicant’s Handbook 2011 before commencing preparation of an application.

What is required in an application?

An application to establish a new pharmacy or relocate an existing pharmacy must be made on the approved form available from Medicare. The application must also include all supporting documents relevant to the application. The ACPA is only able to consider information provided by an applicant at the time the application was lodged.

What if I need to add information to my application after I have lodged it?

If, after you have lodged your application with Medicare, you find there is extra information that you would like considered, you will need to lodge a new application with Medicare, including all of the information that you would like the ACPA to consider in relation to your application.

This change has been made to streamline administrative processes and to discourage the lodgement of incomplete applications.

Can the ACPA ask me for extra information?

Yes. In considering an application, the ACPA may defer making a recommendation on the application until the next available meeting, to request additional information from the applicant or in some cases, third party.

How are applications assessed?

The ACPA is required to assess applications against each of the requirements of the relevant Rule under which the application has been made. The ACPA can only recommend that an application be approved if it is satisfied that all of the requirements of the Rules under which the application has been made have been met.

The ACPA is unable to recommend that an application be approved if it is not satisfied that each of the requirements has been met.

How long does the process take?

The ACPA meets once a month to consider applications to relocate existing or establish new pharmacies.

The process can take between five to nine weeks from lodgement of an application to a recommendation being made by the ACPA. It is suggested that applicants lodge their application as soon as they are able to allow for possible requests for additional information by the ACPA which can extend the timeframe.

Can the ACPA reconsider my application after a recommendation has been made?

In the event that the ACPA recommends that an application not be approved, the ACPA is unable to reconsider that particular application. However, the applicant is not prevented from reapplying for the same premises, but would be required to observe the usual application lodgement periods.

Can the ACPA Secretariat assist me with preparing my application?

While the Secretariat is able to clarify information about the process of applying, the requirements that must be satisfied for each Rule and other information included in the Pharmacy Location Rules – Applicant’s Handbook 2011, it is unable to assist applicants prepare their application. The Secretariat is also unable to provide advice or confirm whether or not information provided with an application will satisfy the ACPA.

There are a number of agents who offer to assist applicants prepare applications. Applicants should use their discretion when deciding whether to seek the assistance of an agent. The Secretariat is unable to provide details of agents or refer applicants to agents.

Are there any changes to the process for lodging an appeal or requesting the Minister to exercise her discretion?

No – there are no changes to the process for lodging an appeal with the Administrative Appeals Tribunal or for making an application to request that the Minister exercise her discretion.

How do I contact the ACPA?

The ACPA Secretariat can be contacted by phoning (02) 6289 7419 and leaving your name, phone number and a brief message about your inquiry. A member of the Secretariat will return your call as soon as possible.

Alternatively, send an email to acpamail@health.gov.au, fax (02) 6289 2365 or write to the ACPA at the Department of Health and Ageing, MDP 901, GPO Box 9848, Canberra ACT 2601. Top of page