The Health and Infrastructure Enabling Bill passed the ACT Legislative Assembly yesterday evening, enabling the ACT Government to compulsorily acquire the site of Calvary Public Hospital Bruce and to transition the hospital’s staff, assets, and services to Canberra Health Services. In so doing, it ends the Calvary Network Agreement and Crown Lease, which were due to expire in 2098.
- Why the ACT Government wants Calvary Public Hospital (1 June)
- Canberra Liberals: “You cannot trust this government…” (1 June)
“Hospitals and health systems everywhere are under pressure, and this change is imperative so that the ACT has an integrated and efficient hospital and community health care system,” Chief Minister Andrew Barr said.
“It will ensure the most efficient and effective delivery of public health services for Canberrans and people of the surrounding region for decades to come.”
- Calvary takeover bill introduced to ACT Assembly (11 May)
- ACT government claims Calvary negotiations failed (11 May)
- New northside hospital to be built on Calvary Public hospital site (10 May)
The ACT Government intends that Calvary will transition to Canberra Health Services by 3 July. A transition lead from CHS and a nominated lead from Calvary will “co-ordinate and implement the smooth transfer of operations”, health minister Rachel Stephen-Smith said.
“There are no planned changes to services and team structures. Our commitment to Calvary staff is they will be able to continue doing the same job, in the same team, with the same manager, on the same pay and conditions.”
But opponents of the controversial bill – Calvary’s doctors and nurses, the Canberra Liberals, unions, religious groups – say the ACT Government has broken its contract with Calvary. Many are blindsided by the government’s failure to consult staff, the speed of the takeover, and government MLAs’ decision to vote on the bill without the usual inquiry. Others see the acquisition as an attack on the Catholic faith, or as a socialist nationalisation of private business.
- Nurses write open letter re acquisition of Calvary Public Hospital (27 May)
- AMA: ACT Government ignored Calvary doctors (22 May)
The Canberra Liberals opposed “this undemocratic, unprincipled, deceitful, and destructive bill in every possible way”, the party’s acting leader, Jeremy Hanson, declared.
“We oppose it on health grounds, we oppose it legally, and we oppose it ethically. This bill tramples over staff; it tramples over trust; it tramples over our democratic principles and over common sense. It is an appalling example of a government acting without consideration for due process and without concern for the harm that they will cause. Most of all, it is a breach of trust – of staff, of patients, of all the people of the ACT, and for any business doing work with the ACT Government.”
But their fight is not over yet. Calvary Health Care ACT today approached the ACT Supreme Court seeking an injunction to restrain the ACT Government from compulsorily acquiring Calvary Public Hospital, and an urgent final hearing of its challenge to the Act and the associated regulation.
Calvary said that the ACT Government undertook to the Court not to exercise any of its powers or functions under sections 11 (ACT Government may enter hospital land) and 12 (Calvary to provide information) of the Act up to and including the final hearing date.
“This made it unnecessary for Calvary to proceed with an injunction seeking orders to the same effect,” a Calvary spokesperson said.
“This means it is business as usual at Calvary Public Hospital Bruce until Wednesday next week, and the Territory cannot exercise any rights to enter hospital land, require information from Calvary or otherwise require Calvary to cooperate with it to effect any transition of the public hospital from Calvary to the Territory up to and including the final hearing date.”
- Calvary threatens legal action unless bill debate is adjourned (30 May)
- Calvary: Negotiations with ACT or legal options (24 May)
Mr Hanson said that senior lawyers to whom he had spoken said there were grounds for legal action in both the High Court and the Federal Court – and that in their view, there was a very good chance of that action succeeding.
“[Calvary] is an organisation that has provided very good health care for 44 years to the people of Canberra, and the government admits that; it has complied with its contract, which has another 76 years to run; and it’s a contract that was signed by this government. This government then, behind closed doors, plotted in secret to run roughshod over Calvary [and] the ACT Assembly. Does any of that sound just?”
The Australian Christian Lobby supported Calvary approaching the court.
“It is critical that the ACT Government’s activities are exposed to the scrutiny of the legal process,” ACL director Rob Norman said. “The ACT Government has ignored due process and acted in a totalitarian manner, clearly motivated by its opposition to the religious ethos of the Calvary Hospital. The court’s examination of this takeover will be very helpful.”
More than 33,000 people have signed a petition to “save Calvary Hospital”. The petition is organised by the Catholic Archdiocese of Canberra and Goulburn, Calvary Hospital Bruce, and Catholic Health Australia.
Would the Canberra Liberals undo the acquisition should they win next year’s election?
“If it’s done, it’s done; you cannot unscramble the eggs,” Mr Hanson said. “To be frank, Calvary would be pretty reticent to sign a contract with any ACT Government going forward. The current agreement they signed with the ACT Government in good faith is not worth the paper.”
But if Calvary were still there, the Liberals would work with them.
“If it isn’t, I think that is the end of it.”
