The ACT Supreme Court has upheld the validity of the Health Infrastructure Enabling Act 2023, the ACT Government’s controversial bill to take over Calvary Public Hospital Bruce. Calvary’s challenge to the Health Infrastructure Enabling Regulation 2023 remains on foot, however.

• Calvary acquisition bill passes, Calvary approaches court (1 June)

Aspects of the transition process that have now been found to be valid under the Act can commence, Chief Minister Andrew Barr said.

“This is a welcome outcome. The ACT Government can now begin the formal transition process with Calvary, and we have a path forward to deliver an expanded and modern hospital for Canberra’s northside.”

Health minister Rachel Stephen-Smith said: “Today’s decision provides certainty for staff and the community that we are moving forward with the transition and delivering a new hospital on Canberra’s northside.” 

• Why the ACT Government wants Calvary Public Hospital (1 June)

The Transition Team will formalise a transition plan with Calvary early next week, which will guide how the transition period will be managed operationally, Mr Barr said.

This plan describes the critical activities that must be complete before the acquisition date of 3 July, including: 
•     providing onsite support and information to Calvary Public Hospital Bruce workforce; 
•     seeking agreement with Calvary to novate relevant human resource system contracts;
•     determining which ICT assets and equipment Calvary will retain;
•     identifying other contracts that will be novated to Canberra Health Services; and 
•     agreeing on a mechanism to collect required employee data. 

The ACT Government’s top priority during this transition is supporting the workforce and ensuring continuity of care for our community.

“We will work to provide the workforce, patients and carers the information they need during the transition period,” Ms Stephen-Smith said. “We are committed to consulting with them and making their voices heard as we bring together our public hospital and health services.

“We will also work as quickly as possible with Calvary to come to a final decision on the future operation of Clare Holland House and the associated palliative care services. I am conscious that Clare Holland House staff continue to face uncertainty, but I can assure them that our conversations with Calvary reflect the feedback that we have already heard and we will engage with them directly as soon as possible.”

“The plan to consolidate our public hospitals and create a single network will allow us to better coordinate our health services, distribute resources effectively, strengthen the capacity of our workforce, plan infrastructure on a Territory-wide basis, and improve health outcomes for all Canberrans,” Mr Barr said.

A spokesperson for Calvary said the organisation acknowledged the ACT Supreme Court orders delivered today regarding the Health Infrastructure Enabling Bill 2023, and would take time to consider the judgement once they received it.

Canberra Liberals oppose “terrible outcome”

Jeremy Hanson MLA, acting leader of the Canberra Liberals, said: “What today’s decision shows is that no one is safe from the ACT Government, and no one can trust them. If they want anything, they will ram through laws to take it.

• Canberra Liberals: “You cannot trust this government…” (1 June)

“After two decades in power, the ACT Labor/Greens government are behaving like bullies.

“Although they have given themselves the power to forcibly take Calvary, it doesn’t make it the right thing to do.

“It is undemocratic, it is anti-business, it is traumatising nurses and doctors, and could put the delivery of clinical services at risk.

“I reiterate the Canberra Liberals’ opposition to this terrible outcome and the deceitful way it has been carried out.”