{"id":"a-2023-17","name":"Health Infrastructure Enabling Act 2023","slug":"health-infrastructure-enabling-act-2023","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23698,"registerId":"act-a-2023-17-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Infrastructure Enabling Act 2023","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Infrastructure Enabling Act 2023\nA2023-17\nRepublication No 4\nEffective: 1 July 2024\nRepublication date: 1 July 2024\nLast amendment made by A2024-2\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Health Infrastructure Enabling Act 2023 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2024.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 1 July 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Infrastructure Enabling Act 2023\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Purposes of Act 2\n6 Application of other territory laws 3\nPart 2 Compulsory acquisition of public hospital\nland and assets\n7 Meaning of acquisition day 5\n8 Acquisition of public hospital land 5\n9 Acquisition of public hospital assets 6\n10 Acquisition must be on just terms 6\n\nContents\nPage\ncontents 2 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Acquisition and transition of public hospital\noperations\n11 Territory may enter hospital land 9\n12 Calvary to provide information 11\n13 Calvary and Territory must cooperate to ensure safe and orderly\ntransition etc 13\nPart 4 What happens on or after acquisition day\nDivision 4.1 Operation of public hospital\n14 Operation of public hospital—generally 16\n15 Access to hospital land on and after acquisition day 17\n16 Territory may grant Calvary short-term licence to operate public\nhospital 18\n17 Continued access to records relating to public hospital 19\nDivision 4.2 Amendment of Crown lease\n18 Territory must prepare draft deposited plan 20\n19 Amendment of the Crown lease etc 21\nPart 5 Miscellaneous\n20 No repudiation etc of network agreements 22\n21 Performance of Calvary’s obligations 23\n22 Application of privacy legislation 23\n23 References to director-general etc 24\n24 Supreme Court may order stay of proceedings under security 24\n25 Court order to enforce exercise of powers 25\n26 Payments to be good discharge 26\n27 Execution of documents for or on behalf of Territory 27\n28 Regulation-making power 27\n\nContents\nPage\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Private precinct area 28\nDictionary 29\nEndnotes\n1 About the endnotes 35\n2 Abbreviation key 35\n3 Legislation history 36\n4 Amendment history 36\n5 Earlier republications 37\n\n\n\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Infrastructure Enabling Act 2023\nAn Act enabling the acquisition on just terms of land and other property for a\npublic hospital, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Health Infrastructure Enabling Act 2023.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘health record—see the Health\nRecords (Privacy and Access) Act 1997, dictionary.’ means that the term\n‘health record’ is defined in that dictionary and the definition applies to\nthis Act.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\n5 Purposes of Act\nThe purposes of this Act are to—\n(a) enable the Territory to acquire the public hospital land for the\nconstruction of a public hospital; and\n(b) enable the transition of the operation of the public hospital to the\nTerritory, including by terminating the network agreements; and\n(c) provide for the safe and orderly transition of the operation of the\npublic hospital to the Territory, including by—\n(i) enabling the Territory to acquire the public hospital assets;\nand\n\nPreliminary Part 1\nSection 6\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) providing for the transition of employment of public\nhospital employees to the Territory; and\n(iii) providing for the novation and assignment of public\nhospital contracts to the Territory; and\n(d) ensure the continued operation of, and maintenance of service\ndelivery standards at, the public hospital during and after the\ntransition; and\n(e) ensure the Territory can, after the transition, effectively manage\nits obligations and liabilities in relation to the operation of the\npublic hospital, including liabilities arising in relation to the\noperation of the public hospital before the transition; and\n(f) ensure that interests acquired under this Act are acquired on just\nterms.\n6 Application of other territory laws\n(1) The following territory laws do not apply in relation to anything done\nunder this Act:\n(a) the Government Agencies (Land Acquisition Reporting)\nAct 2018;\n(b) the Government Procurement Act 2001;\n(c) the Lands Acquisition Act 1994;\n(d) the Planning and Development Act 2007 (repealed);\n(e) the Planning Act 2023;\n(f) any other territory law prescribed by regulation.\n(2) Despite subsection (1) (d), on and from the acquisition day, the\nPlanning Act 2023 continues to apply to the amended Crown lease.\n\nPart 1 Preliminary\nSection 6\npage 4 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, any provision of this Act that applies to the amended\nCrown lease on and from the acquisition day prevails over any\nprovision of the Planning Act 2023 that applies to the lease to the\nextent of any inconsistency.\n(4) A regulation may modify the operation of subsections (2) and (3).\n(5) The following provisions do not apply to a procurement of goods,\nservices or works by a territory entity necessary for or ancillary to the\noperation of the public hospital in the 6-month period immediately\nafter the acquisition day:\n(a) the Government Procurement Act 2001—\n(i) section 8 (3) to (5) (Value for money); and\n(ii) part 2B (Secure local jobs code); and\n(iii) any other provision prescribed by regulation;\n(b) the Government Procurement Regulation 2007—\n(i) part 2 (Quotation and tender thresholds and exemptions);\nand\n(ii) division 5.1 (Board review of procurements); and\n(iii) part 4 (Secure local jobs code); and\n(iv) any other provision prescribed by regulation.\n(6) In this section:\nTerritory entity—see the Government Procurement Act 2001,\nsection 6.\n\nCompulsory acquisition of public hospital land and assets Part 2\nSection 7\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Compulsory acquisition of public\nhospital land and assets\n7 Meaning of acquisition day\n(1) In this Act:\nacquisition day means—\n(a) 3 July 2023 (the default acquisition day); or\n(b) if the Executive gives notice before the default acquisition day\nof a day earlier or later than the default acquisition day—the day\nstated in the notice.\n(2) A notice is a notifiable instrument.\n8 Acquisition of public hospital land\n(1) On the acquisition day, Calvary’s interest in the public hospital\nland—\n(a) vests in the Territory; and\n(b) is freed and discharged from any trust, restriction, dedication,\nreservation, obligation, charge, encumbrance, lien, contract,\nlicence, rate or any other interest.\n(2) Any interest in land, or part of an interest in land, that is divested,\nextinguished or diminished because of subsection (1) (b) is taken to\nhave been acquired by the Territory under this Act.\n(3) A regulation may provide for an interest mentioned in subsection (2)\nto be dealt with in a different way.\n\nPart 2 Compulsory acquisition of public hospital land and assets\nSection 9\npage 6 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Acquisition of public hospital assets\n(1) On the acquisition day, the public hospital assets—\n(a) vest in the Territory; and\n(b) are freed and discharged from any trust, restriction, dedication,\nreservation, obligation, charge, encumbrance, lien, contract,\nlicence, rate or any other interest.\n(2) Any interest, or part of an interest, that is divested, extinguished or\ndiminished because of subsection (1) (b) is taken to have been\nacquired by the Territory under this Act.\n(3) Subsection (1) does not apply to an interest in an excluded asset.\n(4) A regulation may provide for an interest mentioned in subsection (2)\nto be dealt with in a different way.\n10 Acquisition must be on just terms\n(1) The Territory must provide just terms to a person from whom an\ninterest is acquired under this Act.\n(2) Without limiting subsection (1), just terms for the acquisition\nincludes reasonable compensation for the following:\n(a) the acquisition of Calvary’s interest in the public hospital land;\n(b) any security right or other interest in land taken to have been\nacquired under section 8 (2);\n(c) the acquisition of the public hospital assets;\n(d) any security right or other interest in a public hospital asset taken\nto have been acquired under section 9 (2);\n\nCompulsory acquisition of public hospital land and assets Part 2\nSection 10\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) things arising as a consequence of an acquisition mentioned in\nparagraphs (a) to (d) including the following:\n(i) the termination of the network agreements under\nsection 14 (1);\n(ii) the termination of any public hospital contract or other\ncontract because of the operation of this Act;\n(iii) any redundancy or similar payment payable by Calvary to\na public hospital employee because of the operation of this\nAct;\n(iv) anything else prescribed by regulation.\n(3) A regulation may provide for the following matters:\n(a) how just terms for an interest acquired under this Act are\nprovided;\n(b) how compensation is worked out;\n(c) how claims for compensation are made and dealt with;\n(d) a time limit within which a claim for compensation may be\nmade;\n(e) information or other things required from a person claiming\ncompensation that is needed to assess their claim and work out\nany compensation;\n(f) how any dispute about working out compensation is resolved;\n(g) how compensation is paid;\n(h) any other matter relevant to providing just terms to a person\nfrom whom an interest is acquired under this Act.\n(4) A claim for compensation is not maintainable if brought after the end\nof a time limit made for subsection (3) (d), and the Limitation\nAct 1985 does not apply to the claim.\n\nPart 2 Compulsory acquisition of public hospital land and assets\nSection 10\npage 8 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\ncompensation, for an acquisition of an interest under this Act,\nincludes the following:\n(a) monetary payment;\n(b) the transfer or assumption of a loss, liability or expense;\n(c) the grant of a right, entitlement or benefit;\n(d) any other beneficial term.\n\nAcquisition and transition of public hospital operations Part 3\nSection 11\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Acquisition and transition of\npublic hospital operations\n11 Territory may enter hospital land\n(1) An authorised person may, at any reasonable time before the\nacquisition day and with reasonable written notice, do any of the\nfollowing things:\n(a) enter on the hospital land with any person, vehicle or thing for\nthe purpose of carrying out any necessary or desirable survey,\nreview or other investigation related to the proposed\nconstruction by the Territory of a public hospital on the hospital\nland;\n(b) make surveys, take levels, dig or bore into the hospital land,\nexamine the soil and do any other thing reasonably necessary for\nthe purpose mentioned in paragraph (a);\n(c) enter on the hospital land to do anything necessary for section 18\n(Territory must prepare draft deposited plan) or section 19\n(Amendment of the Crown lease etc);\n(d) enter any operational or service delivery part of the public\nhospital to do anything reasonably necessary for a purpose of\nthis Act, including any of the following:\n(i) undertake an inspection or stocktake of public hospital\nassets;\n(ii) assess the Territory’s requirements for maintaining and\noperating facilities and public hospital assets after the\nacquisition day;\n(iii) assess the Territory’s requirements for complying with all\nlicences and authorisations required by law to operate the\npublic hospital after the acquisition day;\n\nPart 3 Acquisition and transition of public hospital operations\nSection 11\npage 10 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iv) assess the Territory’s requirements for operating, and\nmaintaining service delivery standards at, the public\nhospital after the acquisition day;\n(e) enter on the hospital land to do any other thing reasonably\nnecessary to prepare for or give effect to a purpose of this Act\nor to otherwise exercise a function under this Act;\n(f) any other thing prescribed by regulation.\n(2) If requested by an authorised person, Calvary must give the\nauthorised person any assistance reasonably necessary for the\nauthorised person to exercise a function under subsection (1).\n(3) Without limiting subsection (2), Calvary must:\n(a) give an authorised person access to secured areas in the public\nhospital; and\n(b) show an authorised person where records, equipment and other\nassets in relation to the public hospital are kept on the hospital\nland.\n(4) In entering the hospital land under this section, the Territory must\nminimise any interference with Calvary’s use of the land to the extent\nreasonably practicable.\n(5) In this section:\nauthorised person means a person authorised in writing by the\ndirector-general to exercise a function under this section.\n\nAcquisition and transition of public hospital operations Part 3\nSection 12\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Calvary to provide information\n(1) For a purpose of this Act, the director-general may request Calvary\nprovide documents or other information about any of the following:\n(a) public patient health records;\n(b) stock in trade and inventory of the public hospital;\n(c) fixed and non-fixed assets of the public hospital including asset\nmaintenance records and condition reports;\n(d) trade debts and other receivables owed in relation to the public\nhospital;\n(e) suppliers of goods and services in relation to the public hospital;\n(f) subleases, underleases, licences, easements, rights of way and\nany other occupancy rights or arrangements in relation to the\npublic hospital land;\n(g) accounting and financial records in relation to the operation of\nthe public hospital;\n(h) public hospital employees including employment records and\npayroll information;\n(i) public hospital contracts;\n(j) any trust funds for the public hospital including details about the\nspecific purpose for which the funds are held or the trusts\nestablished;\n(k) any existing or pending investigation, proceeding (whether civil\nor criminal) or remedy in relation to a right, privilege or liability\nunder a law applying in the ACT in relation to the public\nhospital;\n\nPart 3 Acquisition and transition of public hospital operations\nSection 12\npage 12 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(l) details about any existing security over the hospital land, public\nhospital assets or other property in relation to the public hospital\nincluding—\n(i) contact details of the securityholder; and\n(ii) the total amount of debt secured by the security and details\nof any other security instrument which secures that debt;\n(m) details of any other personal property security interest in relation\nto the public hospital or the arrangements to which they relate,\nincluding contact details of the security interest holder;\n(n) intellectual property relating to the operation of the public\nhospital, including any intellectual property created under a\nnetwork agreement;\n(o) public hospital administration records, including any reports,\naudited materials, regulatory matters, maintenance and\noperational records;\n(p) any other matter relevant to a purpose of this Act;\n(q) anything else prescribed by regulation.\n(2) A request—\n(a) must be in writing; and\n(b) must state a reasonable period within which the information is\nto be provided; and\n(c) may state a reasonable format or way in which the information\nis to be provided.\n(3) Calvary must—\n(a) comply with the request within the stated period; and\n(b) provide the information in any stated format or way.\n\nAcquisition and transition of public hospital operations Part 3\nSection 13\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) For a purpose of this Act, the director-general may give any\ninformation, including a public patient health record, provided to\nthem by Calvary under this section to a Territory employee or\ncontractor.\n13 Calvary and Territory must cooperate to ensure safe and\norderly transition etc\n(1) Calvary and the Territory must act in good faith, cooperate and do all\nother things reasonably necessary to ensure—\n(a) the safe and orderly transition of the operation of the public\nhospital to the Territory; and\n(b) the continued operation of, and maintenance of service delivery\nstandards at, the public hospital.\n(2) Without limiting subsection (1), Calvary must—\n(a) appoint a senior executive to—\n(i) be the contact person for operational matters relating to the\ntransition of the operation of the public hospital to the\nTerritory; and\n(ii) coordinate Calvary’s role in the transition of the operation\nof the public hospital to the Territory; and\n(b) cooperate with the Territory to develop a transition plan for the\ntransfer of the operation of the public hospital and ensure its\nemployees, officers and contractors comply with the plan; and\n(c) provide all reasonable assistance to enable the Territory to\nobtain all licences and authorisations required by law to operate\nthe public hospital; and\n(d) provide reasonable access to any records management\ninformation technology systems used for public patient health\nrecords, employee and payroll records, financial records and\nother operations management records; and\n\nPart 3 Acquisition and transition of public hospital operations\nSection 13\npage 14 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) ensure its employees and officers provide all reasonable\nassistance to the Territory to assist in the transition of the\noperation of the public hospital to the Territory and ensure there\nis sufficient staffing to do so; and\n(f) ensure all maintenance and repair of public hospital facilities\nand public hospital assets continues until the acquisition day;\nand\n(g) comply with all requirements under this Act as soon as is\nreasonably practicable; and\n(h) provide reasonable assistance to the Territory to enable the\nTerritory to comply with its obligations under this Act; and\n(i) not do anything that hinders, obstructs or delays the transition of\nthe operation of the public hospital to the Territory; and\n(j) promptly notify the Territory of any matter of which it is aware\nmay hinder, obstruct or delay the transition of the operation of\nthe public hospital to the Territory; and\n(k) do anything else prescribed by regulation.\n(3) Without limiting subsection (1), the Territory must—\n(a) appoint a senior executive to—\n(i) be the contact person for operational matters relating to the\ntransition of the operation of the public hospital to the\nTerritory; and\n(ii) coordinate the Territory’s role in the transition of the\noperation of the public hospital to the Territory; and\n(b) cooperate with Calvary to develop a transition plan for the\ntransfer of the operation of the public hospital and ensure its\nemployees and contractors comply with the plan; and\n\nAcquisition and transition of public hospital operations Part 3\nSection 13\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) ensure that any disruption to Calvary’s operation of facilities on\nthe private hospital land caused by the transition of the operation\nof the public hospital to the Territory is minimised to the extent\nreasonably practicable; and\n(d) comply with all requirements under this Act as soon as is\nreasonably practicable; and\n(e) provide reasonable assistance to Calvary to enable Calvary to\ncomply with its obligations under this Act; and\n(f) not do anything that hinders, obstructs or delays Calvary in\ncomplying with its obligations under this Act; and\n(g) on request by Calvary, provide Calvary with any reasonable\nassistance to enable Calvary to comply with its obligations\nunder this Act; and\n(h) promptly notify Calvary of any matter of which it is aware may\nhinder, obstruct or delay the transition of the operation of the\npublic hospital to the Territory; and\n(i) do anything else prescribed by regulation.\n\nPart 4 What happens on or after acquisition day\nDivision 4.1 Operation of public hospital\nSection 14\npage 16 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 What happens on or after\nacquisition day\nDivision 4.1 Operation of public hospital\n14 Operation of public hospital—generally\n(1) On the acquisition day—\n(a) the Crown lease for the hospital land is amended under\nsection 19; and\n(b) the network agreements are terminated; and\n(c) Calvary must—\n(i) vacate the public hospital land; and\n(ii) allow the Territory to enter the public hospital land; and\n(iii) allow the Territory to use all public hospital assets; and\n(iv) allow the Territory to perform any activity necessary for\nthe continued operation of the public hospital; and\n(v) execute all documents necessary to give effect to a purpose\nof this Act; and\n(vi) do all other things reasonably necessary to ensure—\n(A) the safe and orderly transition of the operation of the\npublic hospital to the Territory; and\n(B) the continued operation of, and maintenance of\nservice delivery standards at, the public hospital.\n(2) A regulation may provide for the following matters:\n(a) the offer of employment by the Territory to public hospital\nemployees and employment by the Territory of those employees\nand related matters;\n\nWhat happens on or after acquisition day Part 4\nOperation of public hospital Division 4.1\nSection 15\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the disapplication of provisions of the Public Sector\nManagement Act 1994 for paragraph (a);\n(c) for public hospital contracts—\n(i) the novation or assignment of the contracts to the Territory;\nand\n(ii) other arrangements in relation to the contracts, including\nrenegotiation by the Territory of existing contractual\narrangements with other parties to the contracts;\n(d) arrangements with parties to charges or other security interests,\nincluding renegotiation by the Territory of existing\narrangements;\n(e) the transfer, retention and storage of public patient health\nrecords, employment and other records of the public hospital;\n(f) any other thing reasonably necessary to ensure—\n(i) the safe and orderly transition of the operation of the public\nhospital to the Territory; and\n(ii) the continued operation of, and maintenance of service\ndelivery standards at, the public hospital.\n15 Access to hospital land on and after acquisition day\n(1) On the acquisition day—\n(a) the Territory grants Calvary a licence to enter on the public\nhospital land and do all things reasonably necessary—\n(i) to allow Calvary to comply with its obligations under this\nAct; and\n(ii) to do any other thing reasonably required to ensure the\ncontinued operation of facilities on the private hospital\nland; and\n(iii) for any other reason prescribed by regulation; and\n\nPart 4 What happens on or after acquisition day\nDivision 4.1 Operation of public hospital\nSection 16\npage 18 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) Calvary grants the Territory a licence to enter on the private\nhospital land—\n(i) to allow the Territory to comply with its obligations under\nthis Act; and\n(ii) to do anything mentioned in section 11; and\n(iii) to do any other thing reasonably required to ensure—\n(A) the safe and orderly transition of the operation of the\npublic hospital to the Territory; and\n(B) the continued operation of, and maintenance of\nservice delivery standards at, the public hospital; and\n(iv) for any other reason prescribed by regulation.\n(2) The Public Unleased Land Act 2013 does not apply to the grant of a\nlicence by the Territory under this section except that the licence is\ntaken to be a licence for that Act, section 43 (4) (Offence—use public\nunleased land without permit).\n(3) In entering land under a licence granted under this section, the\nTerritory and Calvary, must minimise any interference with the other\nparty’s use of the land to the extent reasonably practicable.\n(4) This section expires on the day declared by the Minister.\n(5) A declaration under subsection (4) is a notifiable instrument.\n16 Territory may grant Calvary short-term licence to operate\npublic hospital\n(1) The Territory may grant Calvary a licence to operate the public\nhospital on and from the acquisition day to ensure the continued\noperation of, and maintenance of service delivery standards at, the\npublic hospital while the matters required to be done under this part\nare done.\n(2) The terms of the licence are as agreed by the Territory and Calvary.\n\nWhat happens on or after acquisition day Part 4\nOperation of public hospital Division 4.1\nSection 17\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The Public Unleased Land Act 2013 does not apply to the grant of a\nlicence by the Territory under this section except that the licence is\ntaken to be a licence for that Act, section 43 (4) (Offence—use public\nunleased land without permit).\n17 Continued access to records relating to public hospital\n(1) The director-general may at any time after the acquisition day request\nthat Calvary—\n(a) provide documents and other information reasonably required\nby the Territory in relation to the following:\n(i) any past, current or future investigation, proceeding\n(whether civil or criminal) or remedy in relation to a right,\nprivilege or liability under a law applying in the ACT in\nrelation to the operation of the public hospital before the\nacquisition day;\n(ii) the employment of public hospital employees before the\nacquisition day including in relation to their rights and\nentitlements;\n(iii) any other thing prescribed by regulation; and\n(b) do anything reasonably required in relation to the storage and\nretention of information mentioned in paragraph (a) including\nstoring the information in a stated electronic form.\nNote Nothing in this section limits any obligation Calvary or a related\ncorporation would otherwise have under a territory privacy law\n(see s 22).\n(2) A request—\n(a) must be in writing; and\n(b) must state a reasonable period within which the request must be\ncomplied with; and\n\nPart 4 What happens on or after acquisition day\nDivision 4.2 Amendment of Crown lease\nSection 18\npage 20 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) may state a reasonable format or way in which the information\nis to be provided, stored or retained.\n(3) Calvary must—\n(a) comply with the request within the stated period; and\n(b) provide, store or retain the information in any stated format or\nway.\nDivision 4.2 Amendment of Crown lease\n18 Territory must prepare draft deposited plan\n(1) The Territory must prepare a draft deposited plan describing—\n(a) the land to be the subject of the amended Crown lease, which—\n(i) substantially corresponds to the area identified as the\n‘PRIVATE PRECINCT AREA’ in the plan in schedule 1;\nor\n(ii) corresponds to any other area in the hospital land agreed in\nwriting by the Territory and Calvary; and\n(b) any easement or right of way the Territory decides is appropriate\nto allow Calvary to access the land the subject of the amended\nCrown lease; and\n(c) any other thing prescribed by regulation.\n(2) In this section:\ndraft deposited plan means a plan in a form that is registerable under\nthe Districts Act 2002, section 7 (Deposited plans).\n\nWhat happens on or after acquisition day Part 4\nAmendment of Crown lease Division 4.2\nSection 19\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Amendment of the Crown lease etc\n(1) On the acquisition day, the Crown lease is amended—\n(a) to only apply to the private hospital land; and\n(b) in any other way prescribed by regulation.\n(2) The registrar-general must, as soon as is practicable after the\nacquisition day record the amendments on the register under the Land\nTitles Act 1925.\n(3) The Territory must—\n(a) prepare an instrument for any easement or right of way noted in\nthe draft deposited plan prepared under section 18 (1) (b); and\n(b) take all reasonable steps to ensure the draft deposited plan and\nthe instrument mentioned in paragraph (a) are registered under\nthe Land Titles Act 1925.\n\nPart 5 Miscellaneous\nSection 20\npage 22 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n20 No repudiation etc of network agreements\n(1) None of the following constitutes a repudiation or breach of a network\nagreement:\n(a) the development or preparation of the Bill for this Act, or\ngovernment or Cabinet consideration of policy carried out in\ndeveloping or preparing the Bill;\n(b) the presentation of the Bill in, and agreement to the Bill by, the\nLegislative Assembly, or any processes associated with the\npassage of the Bill through the Legislative Assembly;\n(c) the making, notification or commencement of this Act;\n(d) any act done in accordance with this Act;\n(e) anything done by the Territory to give Calvary notice (whether\nin writing or orally) of the Territory’s intention to do a thing\nmentioned in paragraphs (a) to (d);\n(f) any other communication between the Territory and Calvary\nbefore the commencement of this Act about a matter mentioned\nin paragraphs (a) to (e).\n(2) Calvary or a related corporation may not bring any claim against the\nTerritory for repudiation or breach of a network agreement, and is not\nentitled to any compensation or remedy for repudiation or breach of\na network agreement, because of an event or matter mentioned in\nsubsection (1).\n(3) Subsection (2) does not limit any right a person may have to\ncompensation for an acquisition under section 10 (Acquisition must\nbe on just terms).\n\nMiscellaneous Part 5\nSection 21\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Performance of Calvary’s obligations\n(1) This section applies if—\n(a) this Act requires Calvary to do, or not do, a thing; and\n(b) Calvary fails to comply with the requirement, including because\nCalvary does not have or cannot access the resources required\nto do so.\nNote Fail includes refuse (see Legislation Act, dict).\n(2) A related corporation of Calvary nominated in writing by the\nTerritory must comply with the requirement or ensure another related\ncorporation does so.\n22 Application of privacy legislation\n(1) This section applies in relation to either of the following information\nCalvary is required to give to the Territory under this Act\n(the transferred information):\n(a) a public patient health record;\n(b) personal information of a public hospital employee or other\nperson.\n(2) None of the following constitutes a breach of a territory privacy law:\n(a) Calvary or a related corporation providing the transferred\ninformation;\n(b) the Territory receiving the transferred information;\n(c) the Territory keeping the transferred information;\n(d) the Territory using the transferred information for a purpose of\nthis Act.\n\nPart 5 Miscellaneous\nSection 23\npage 24 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Nothing in this section limits any obligation Calvary, a related\ncorporation or the Territory would otherwise have under a territory\nprivacy law in relation to the use, disclosure and security of the\ntransferred information.\n(4) In this section:\nterritory privacy law means—\n(a) the Health Records (Privacy and Access) Act 1997; and\n(b) the Information Privacy Act 2014.\n23 References to director-general etc\n(1) A reference to the director-general in this Act means the\ndirector-general of the administrative unit responsible for matters\ngenerally under the Health Act 1993.\n(2) The director-general may delegate a function under this Act to—\n(a) the director-general responsible for Canberra Health Services;\nor\n(b) another public servant.\n24 Supreme Court may order stay of proceedings under\nsecurity\n(1) This section applies if—\n(a) an interest acquired under this Act is, immediately before the\nacquisition day, subject to a security and the securityholder—\n(i) commences a proceeding and the proceeding was pending\non the acquisition day; or\n(ii) commences, or proposes to commence, a proceeding on or\nafter the acquisition day and before compensation has been\npaid in full in relation to the acquisition; or\n\nMiscellaneous Part 5\nSection 25\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) Calvary or a related corporation has granted a security over\nproperty which is not acquired under this Act and, as a direct\nconsequence of the operation of this Act, the securityholder—\n(i) commences a proceeding and the proceeding was pending\non the acquisition day; or\n(ii) commences, or proposes to commence, a proceeding on or\nafter the acquisition day and before compensation has been\npaid in full in relation to the relevant acquisition under this\nAct.\n(2) The Supreme Court may, on application by Calvary or a related\ncorporation and subject to any condition it considers appropriate—\n(a) order a stay of the proceeding or enjoin the securityholder\nagainst commencing or continuing the proceeding; and\n(b) make any other order it considers appropriate.\n(3) In this section:\nproceeding, by a securityholder, means any action to enforce the\nrights of the securityholder under the security, whether or not the\nproceeding is in a court, including action with a view to taking\npossession of or selling an interest or foreclosing.\n25 Court order to enforce exercise of powers\n(1) This section applies if—\n(a) a person hinders or obstructs or intends to hinder or obstruct an\nauthorised person in the exercise of a function under section 11;\nor\n(b) Calvary does not comply with a requirement under—\n(i) section 11 (Territory may enter hospital land); or\n(ii) section 12 (Calvary to provide information); or\n\nPart 5 Miscellaneous\nSection 26\npage 26 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) section 13 (Calvary and Territory must cooperate to ensure\nsafe and orderly transition etc); or\n(iv) section 14 (Operation of public hospital—generally); or\n(v) section 17 (3) (Continued access to records relating to\npublic hospital).\n(2) The Magistrates Court may, on application by the director-general,\nmake an order—\n(a) authorising a police officer or other stated person to provide\nassistance or use force as is reasonably necessary to allow an\nauthorised person to exercise their power under section 11; or\n(b) requiring Calvary, or a related corporation nominated under\nsection 21 (2), to comply with a requirement mentioned in\nsubsection (1) (b).\n(3) The director-general must give a copy of an application under\nsubsection (2) to Calvary or the related corporation.\n(4) Calvary or the related corporation is entitled to appear and be heard\non the hearing of the application.\n(5) In this section:\nauthorised person—see section 11 (5).\n26 Payments to be good discharge\nAny payment made by or on behalf of the Territory to a person under\nthis Act is good and valid discharge to the Territory and the Territory\nis not bound to see to the application of any money paid or to the\nperformance of any trust.\n\nMiscellaneous Part 5\nSection 27\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Execution of documents for or on behalf of Territory\nThe territory planning authority may execute any instrument or other\ndocument, for and on behalf of the Territory, relating to an acquisition\nof land under this Act.\n28 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Power to make a regulation includes power to make different provision\nin relation to different matters or different classes of matters (see\nLegislation Act, s 48).\n(2) A regulation may commence on its notification day.\n\nSchedule 1 Private precinct area\npage 28 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Private precinct area\n(see 18 (1) (a))\n\nDictionary\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• Corporations Act\n• director-general (see s 163)\n• document\n• Executive\n• public servant\n• registrar-general\n• territory law.\nacquisition day—see section 7.\namended Crown lease means the Crown lease as amended under\nsection 19.\nCalvary means Calvary Health Care ACT Limited (ACN 105 304\n989).\nCrown lease means the Crown lease over the hospital land.\ndirector-general—see section 23 (1).\nexcluded asset means—\n(a) any asset used only in, or only purchased for, the private\nhospital; and\n(b) any non-fixed asset of religious or cultural significance to\nCalvary or a related corporation, as agreed in writing by the\nTerritory; and\n(c) any loan receivables between Calvary and a related corporation;\nand\n\nDictionary\npage 30 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) any special purpose fund or trust fund for the public hospital\nheld by Calvary or a related corporation the terms of which only\nCalvary or a related corporation can fulfil; and\n(e) any other thing prescribed by regulation.\nhealth record—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\nhospital land means Block 1 Section 1 Division of Bruce.\ninterest, in the public hospital land or a public hospital asset—\n(a) means—\n(i) the legal or equitable estate or interest in the public hospital\nland or a public hospital asset; and\n(ii) any other right (including a right under an option and a\nright of redemption), charge, power or privilege over, or in\nconnection with, the public hospital land or a public\nhospital asset or an interest in the public hospital land or a\npublic hospital asset; and\n(b) includes—\n(i) an interest of the Territory, a State or another Territory in\nthe public hospital land or a public hospital asset; and\n(ii) an interest that did not previously exist in relation to the\npublic hospital land or a public hospital asset; and\n(iii) a restriction on the use of the public hospital land or a\npublic hospital asset, whether or not annexed to the public\nhospital land or public hospital asset; but\n(c) does not include an interest excluded by regulation.\n\nDictionary\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nnetwork agreement—\n(a) means each of the following:\n(i) the agreement between the Territory and Calvary dated\n7 December 2011 in relation to the operation of the public\nhospital on the hospital land;\n(ii) the precinct deed;\n(iii) if the provisions of the new public hospital agreement\napplies because of clause 32 of the network agreement—\nthe agreement constituted by those provisions;\n(iv) any other agreement (not including a public hospital\ncontract) related to the operation of the public hospital\nprescribed by regulation; but\n(b) does not include an agreement excluded by regulation.\noperation, of the public hospital, includes a public health service.\npatient, of the public hospital, means a consumer as defined in the\nHealth Records (Privacy and Access) Act 1997, dictionary.\nprecinct deed means the Bruce Health Care Precinct Deed between\nthe Territory and Calvary dated on or about 7 December 2011.\nprivate hospital means the private health care facilities (including\nHyson Green and Calvary Clinic) operated on the hospital land by\nCalvary or a related corporation.\nprivate hospital land means the land identified as the private hospital\nland in the draft deposited plan prepared under section 18.\npublic health service—\n(a) means a public health service provided by public hospital\nemployees at places other than the public hospital; but\n(b) does not include a thing excluded by regulation.\npublic hospital means the public hospital located on the hospital land\nknown as Calvary Public Hospital Bruce.\n\nDictionary\npage 32 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npublic hospital assets—\n(a) means the following:\n(i) the fixed and non-fixed assets of the public hospital\nnominated by the Territory in writing;\n(ii) the public hospital stock;\n(iii) the motor vehicles used for the public hospital or a public\nhealth service nominated by the Territory in writing;\n(iv) any special purpose fund or trust fund for the public\nhospital held by Calvary or a related corporation the terms\nof which only the Territory can fulfil;\n(v) any asset purchased for the public hospital or a public\nhealth service before the acquisition day;\n(vi) any other thing prescribed by regulation; but\n(b) does not include—\n(i) an excluded asset; or\n(ii) a public hospital contract;\n(iii) any other thing excluded by regulation.\npublic hospital contract—\n(a) means a contract (not including a network agreement) to which\nCalvary or a related corporation is a party necessary for or\nancillary to the operation of the public hospital or a public health\nservice; and\n(b) includes a contract (not including a network agreement)\nprescribed by regulation.\n\nDictionary\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npublic hospital employee—\n(a) means a person employed by Calvary or a related corporation\nsolely or substantially for the purpose of providing services in\nor to the public hospital or a public health service and includes\nthe following:\n(i) a person employed under the Public Sector Management\nAct 1994;\n(ii) a person employed under an industrial agreement\nprescribed by regulation; and\n(b) includes any other person prescribed by regulation; but\n(c) does not include a person excluded by regulation.\npublic hospital land means that part of the hospital land that is not\nprivate hospital land.\npublic hospital stock means stock in trade and inventory of the public\nhospital and all other items held for sale or use in the ordinary course\nof the operation of the public hospital as at the acquisition day and\nincludes items which are—\n(a) held by or on behalf of Calvary or a related corporation; and\n(b) in transit to Calvary or a related corporation; and\n(c) on consignment with a customer or any other person.\npublic patient health records means a health record for a current or\npast patient of the public hospital or a public health service.\npurpose of this Act means a purpose mentioned in section 5.\nrelated corporation, of another corporation, means a related body\ncorporate, associate or related entity under the Corporations Act.\n\nDictionary\npage 34 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsecurity—\n(a) means security over an interest in land or other property securing\nthe payment or repayment of money; and\n(b) includes a mortgage.\nsecurityholder, in relation to a security, means the person who is or\nwas entitled to receive payment or repayment of the money secured\nby the security, or any agent or security trustee on their behalf.\nsecurity right means the interest in the land or other property of a\nsecurityholder under a security.\n\nEndnotes\nAbout the endnotes 1\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 36 Health Infrastructure Enabling Act 2023\nEffective: 01/07/24\nR4\n01/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nHealth Infrastructure Enabling Act 2023 A2023-17\nnotified LR 2 June 2023\ns 1, s 2 commenced 2 June 2023 (LA s 75 (1))\nsch 2 pt 2.1, pt 2.3, pt 2.4 commenced 3 July 2023 (s 2 (and see\ns 7 (1) (a))\nsch 2 pt 2.2 commenced 27 November 2023 (s 2 (3) and see Planning\nAct 2023 A2023-18, s 2 and CN2023-10)\nremainder commenced 2 June 2023 (s 2 (1))\nas amended by\nGovernment Procurement Amendment Act 2024 A2024-2 sch 1\nnotified LR 19 February 2024\ns 1, s 2 commenced 19 February 2024 (LA s 75 (1))\nsch 1 commenced 1 July 2024 (s 2)\n4 Amendment history\nCommencement\ns 2 om R3 (LA s 89 (4))\nApplication of other territory laws\ns 6 am A2023-17 amdt 2.6, amdt 2.7; pars renum R3 LA; A2024-2\namdts 1.1-1.3\nAccess to hospital land on and after acquisition day\ns 15 exp on the day declared by the Minister (s 15 (4))\nExecution of documents for or on behalf of Territory\ns 27 am A2023-17 amdt 2.8\nRepeal and consequential amendments\npt 6 hdg om R3 (LA s 89 (3))\nLegislation repealed\ns 29 om R3 (LA s 89 (3))\nLegislation amended—sch 2\ns 30 om R3 (LA s 89 (3))\nConsequential amendments\nsch 2 hdg om R3 (LA s 89 (3))\nHealth Act 1993\nsch 2 pt 2.1 om R2 (LA s 89 (3))\n\nEndnotes\nEarlier republications 5\nR4\n01/07/24\nHealth Infrastructure Enabling Act 2023\nEffective: 01/07/24\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHealth Infrastructure Enabling Act 2023\nsch 2 pt 2.2 om R3 (LA s 89 (3))\nMedicines, Poisons and Therapeutic Goods Regulation 2008\nsch 2 pt 2.3 om R2 (LA s 89 (3))\nPublic Sector Management Act 1994\nsch 2 pt 2.4 om R2 (LA s 89 (3))\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n2 June 2023\n2 June 2023–\n2 July 2023\nnot amended new Act\nR2\n3 July 2023\n3 July 2023–\n26 Nov 2023\nnot amended commenced\nprovisions\nR3\n27 Nov 2023\n27 Nov 2023–\n30 June 2024\nA2023-17 commenced\nprovisions and\namendments by\nA2023-17\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act’s operative scope aligns with its stated purposes (s 5): enabling acquisition of the public-hospital land/assets and transition of operations. However, the practical scope can be materially modified by regulations and by the disapplication or modification of planning and procurement laws (s 6, s 28), which may alter procedural rights, timelines and affected parties."},"complexity_factors":["Broad compulsory vesting and extinguishment of interests on acquisition day (ss 7–9) — transfers legal and equitable estates and extinguishes many encumbrances, creating complex property and title effects.","Just-terms compensation mechanism with delegated detail to regulation (s 10(3)) — requires monetary and non-monetary remedies, time limits and procedural rules that may be set by regulation.","Extensive transition duties and mutual cooperation obligations (ss 11–14, 13) — operational, employment and contract novation tasks impose logistical and compliance burdens on both parties.","Disapplication and modification of other Territory laws (s 6) — planning and procurement regimes can be suspended or varied, changing administrative processes and review opportunities.","Regulation‑making power to fill many procedural gaps (s 28; s 10(3); s 9(4); s 8(3)) — significant details deferred to subordinate legislation, increasing uncertainty until regulations are made.","Data and privacy carve-outs with retained obligations (s 22) — transfers of patient and employee information are authorised but subject to existing privacy duties, creating legal tension in practice.","Securityholder and creditor relief/interaction (ss 10(2)(d), 24) — acquisition may affect secured interests; Supreme Court stay powers complicate enforcement and creditor remedies.","Enforcement tools in courts and magistrates’ court (ss 24–25) — powers to stay proceedings, compel compliance, and request police assistance create layered judicial processes."],"plain_english_summary":"The Act lets the Territory compulsorily acquire Calvary’s interest in specified hospital land and nominated public-hospital assets on a stated acquisition day, frees those interests of prior encumbrances, and requires the Territory to provide just‑terms compensation. It also creates powers to end network agreements and to transition operations, contracts, employees and records.\n\nIt affects Calvary, public hospital employees, suppliers and securityholders. It matters because it shifts ownership and operational control, authorises data transfer for the transition, prescribes compensation procedures, and disapplies or modifies certain ACT procurement and planning rules."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears tightly scoped to its original purpose of enabling the acquisition and transition of Calvary Public Hospital Bruce. While it contains extensive provisions for transition management, compensation, and operational continuity, these are all ancillary to the core acquisition purpose. The Act has not expanded beyond its original intent; rather, it contains the detailed machinery necessary to effect a complex compulsory acquisition of a functioning hospital."},"complexity_factors":["Multiple cross-references to other ACT laws (Planning Act 2023, Government Procurement Act 2001, Health Records Act 1997, etc.) with specific exemptions and modifications","Nested conditional logic in section 6 regarding which laws apply and when, including a 'despite' subsection and regulation-making power to modify further","27 defined terms in the Dictionary, many with multiple sub-paragraphs and exclusions (e.g., 'public hospital assets', 'excluded asset', 'network agreement')","Complex temporal triggers tied to 'acquisition day' which itself has a default date and override mechanism via Executive notice","Interplay between compulsory acquisition, just terms compensation, and security holder rights requiring Supreme Court intervention (section 24)","Regulation-making powers throughout (sections 8, 9, 10, 14, 28) that leave significant operational detail to subordinate legislation","Specific carve-outs for religious/cultural assets and special purpose funds in definitions"],"plain_english_summary":"The Act lets the ACT Government compulsorily acquire Calvary Public Hospital Bruce from Calvary Health Care ACT Ltd, transferring land, buildings, equipment and related interests to the Territory on a set date, terminating existing network agreements and providing for just‑terms compensation.  \n\nIt mandates cooperation to maintain patient care, transfer staff and contracts to Territory employment, protect patient records, and requires creditors to claim compensation—effectively nationalising a major hospital formerly run by a private religious provider."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/health-infrastructure-enabling-act-2023","history":"/api/acts/health-infrastructure-enabling-act-2023/history","analysis":"/api/acts/health-infrastructure-enabling-act-2023/analysis","conflicts":"/api/acts/health-infrastructure-enabling-act-2023/conflicts","importantCases":"/api/acts/health-infrastructure-enabling-act-2023/important-cases","documents":"/api/acts/health-infrastructure-enabling-act-2023/documents"}}