The pharmacy approvals process

Opening a new pharmacy or making changes to an existing pharmacy business in NSW requires Pharmacy Council approval before you can proceed.

We have different application processes depending on your request. We strongly recommend you seek independent advice from a lawyer, accountant and/or pharmacy broker before starting any application. This is particularly important when you have complex business structures.

It’s also important you don’t proceed with any plans before the Council approves your application. We grant approval once we are satisfied your application complies with the law.

Anyone establishing a new pharmacy must submit an application form. We will ask you to supply different types of information, depending on the ownership structure that applies to you.  Your application must include the name and details of all pharmacists involved in the new business, relevant financial information, and details about the premises.

You must advise us in writing when you make any of the following changes to your business:

• changing the name 
• closing the pharmacy
• disposing of your financial interest such as by selling it or selling the business.

We will update the register of pharmacies to reflect the change. You can let us know about these changes by submitting a notice. 

Find our Notice forms

For other changes, you need to submit an application. We require an application when you:

• change the ownership structure of a pharmacy business 
• purchase an existing pharmacy business
• relocate, expand or reduce the premises
• make additions to the premises (such as by adding storage or preparation rooms)
• acquire a financial interest in an existing pharmacy business or pharmacists’ body corporate.

When you change the ownership structure of a pharmacy business, your business model determines the type of application you must submit. 

There are 4 application categories.

1. Sole trader or friendly society. One person (the sole trader) owns the pharmacy, and the business is in their name. Or the pharmacy is owned by members of a friendly society who don’t have to be pharmacists, but they nominate a pharmacist who is responsible for complying with the law.
2. Partnership. Two or more registered pharmacists own the pharmacy.
3. Body corporate. A company or body corporate owns the pharmacy and all directors and shareholders are registered pharmacists.
4. Trust. A trust owns the pharmacy, and the trustees are registered pharmacists or a registered pharmacists’ body corporate. All beneficiaries are registered pharmacists.

To avoid delays, make sure your applications is complete and compliant. This is particularly relevant if you are selling a pharmacy and the Council’s approval is a condition of the settlement for sale. These applications can be complex, often take longer to assess, and we may need to consider them at a Council meeting. 

We aim to be as efficient as we can, but we aren’t responsible for delays caused by incomplete or non-compliant application forms. Read more below on how you can minimise delays. 

• Visit our Pharmacy forms page for a full list of application forms
• Check The Guide – our comprehensive roadmap to understanding the application process – before you lodge your application.  

If you’re unsure which form to use and can’t find an answer to your question in The Guide, please email our pharmacy applications address for further help.

You must submit most notices and applications at least 14 days before your planned changes are scheduled to take place. 

You should always check the requirements on the form first, because timelines vary, and late submissions attract fines or penalties. 

We assess all notices and applications in the order we receive them and we don’t provide ‘on-the-spot’ approvals.

Notices

We’ll acknowledge receipt of your notice and check it is complete. If you haven’t supplied all the information we need, we’ll contact you to ask for more details.

Applications

We’ll acknowledge your application and check it is complete. If it complies with the law, we’ll advise you when it moves to the approval stage.

During our assessment, if we find there is information missing, there are issues to correct, or that your application needs legal review, we won’t consider it complete or compliant. We’ll advise you if any action is needed before we can progress to the approval stage.

We may ask you questions, or request you supply more information, documents, or clarification. If you don’t respond in a timely way, we’ll send you a due date to reply. If you don’t meet the deadline to supply outstanding information, we will close your application.

Timeframes for assessing applications can vary and complex submissions may take longer. This is because applying due diligence is important in meeting our legal obligations and protecting public interest and safety.

If your application requires us to inspect your pharmacy premises, we’ll arrange a suitable date and time with you.

Legal reviews

If your application needs legal review, we will send you an estimate of the cost and the time it will take. Complex applications and those with commercial agreements, such as franchise and buyer group agreements, may take us longer to assess.

Franchises, for example, often involve a combination of complex ownership structures that need extra review time so we can ensure that financial interests are only held by registered pharmacists. And legal review might identify required amendments to trusts and constitutions, which we must review again after you make changes.

We’re always working on ways to streamline our processes so we can approve applications more quickly. There are also key steps you can take to avoid application delays.

Before you lodge your application

Submit all supporting documents e.g. sublease, variation of lease, assignment of lease, landlord consent 

Include correctly dated and properly executed supporting documents (e.g. sale contracts, deeds of assignment, lease documentation)

Correctly sign, date and witness all statutory declarations 

Include all other required signatures and dates 

Choose the right form for the right purpose e.g. change of ownership application form matches the ownership structure of the pharmacy

Include a diagram if you have a complex ownership structure

Do not submit any draft documents 

Complete all required fields in the form 

List the best person to liaise with the Council as the contact person on the form.

Respond quickly and fully to any requests for further information or documents

Contact us [link to hpca-cms-pharmacy-applications@health.nsw.gov.au] if you have any questions.

After you submit your application