If an applicant disagrees with the NSW Ministry of Health’s (the Ministry) decision not to grant an authority in accordance with the request there are two avenues of appeal. The applicant may seek an internal review of the decision or may seek a review of the decision under the administrative law jurisdiction of the Supreme Court of NSW.
An application for an internal review of a decision would be dealt with, as far as practicable, by a senior officer from the Ministry who was not substantially involved in the process of making the decision under review, and is suitably qualified to deal with the matter raised by the application.
To seek an internal review, an applicant must apply within 28 days of the date of the decision. The application should state the reasons why you think the decision should be changed and include any supporting material. The application for internal review must be made in writing to the Ministry at the address below:
Director, Pharmaceutical OperationsPharmaceutical Services UnitLegal and Regulatory Services BranchNSW Ministry of HealthLocked Bag 2030St Leonards NSW 1590Email: MOH-Pharmaceuticalservices@health.nsw.gov.au
The outcome of the internal review will be available within 60 days of the Ministry receiving the application.
Applicants considering seeking a review of the decision under the administrative law jurisdiction of the Supreme Court, either before or following an internal review, are advised to seek legal advice.
For further information about making an appeal contact the Director, Pharmaceutical Operations, Pharmaceutical Services Unit via email at MOH-Pharmaceuticalservices@health.nsw.gov.au.
