{"id":"sl-2023-11","name":"Health Infrastructure Enabling Regulation 2023","slug":"health-infrastructure-enabling-regulation-2023","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"11 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173395,"registerId":"act-sl-2023-11-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Infrastructure Enabling Regulation 2023","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Infrastructure Enabling\nRegulation 2023\nSL2023-11\nmade under the\nHealth Infrastructure Enabling Act 2023\nRepublication No 2\nEffective: 29 June 2023\nRepublication date: 29 June 2023\nLast amendment made by SL2023-14\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 Regulation 2023, made under the\nHealth Infrastructure Enabling Act 2023 (including any amendment made under the Legislation\nAct 2001, part 11.3 (Editorial changes)) as in force on 29 June 2023. It also includes any\ncommencement, amendment, repeal or expiry affecting this republished law to 29 June 2023.\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 includes 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\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Infrastructure Enabling\nRegulation 2023\nmade under the\nHealth Infrastructure Enabling Act 2023\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\nPart 2 Operation of public hospital\n5 Public hospital employees—Act, s 14 (2) (a) and (b) 3\n6 Prescribed industrial agreements—Act, dict, def public hospital\nemployee, par (a) (ii) 6\n7 Public hospital contracts—Act, s 14 (2) (c) 6\n\nContents\nPage\ncontents 2 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Amendment of Crown lease\n8 Amendment of Crown lease—Act, s 19 (1) (b) 9\nPart 4 Compensation\nDivision 4.1 Preliminary\n9 Definitions—pt 4 10\n9A Person not entitled to compensation by more than 1 means 10\nDivision 4.2 Acquisition of Calvary’s interest in the public hospital\nland\n10 Matters relevant to working out compensation—Calvary’s interest in\nthe public hospital land 11\n12 Hospital land subject to security 12\nDivision 4.3 Acquisition of security rights\n13 Matters relevant to working out compensation—security rights 13\n15 Securityholder may waive rights in relation to security rights 13\nDivision 4.4 Acquisition of miscellaneous interests\n16 Application—div 4.4 14\n17 Matters relevant to working out compensation—miscellaneous\ninterests 15\n19 Miscellaneous interest subject to security 15\nDivision 4.5 Claims for, and offers of compensation\n20 Claims for compensation——generally 16\n21 How claims must be made 17\n22 Territory may request further information about claims 18\n23 Timeframe for deciding initial claims 18\n24 Early compensation arrangements 18\n25 Effect of compensation claim in relation to acquisition of security rights 19\n26 Amount paid in relation to security rights extinguished by s 25 20\n27 Territory must accept or reject claim for compensation 20\n28 Claimant may accept or reject Territory’s compensation offer 21\n29 Territory must reconsider offer and make final offer 21\nDivision 4.6 Payment etc of compensation\n30 Payment etc of compensation 22\n\nContents\nPage\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n31 Interest payable on compensation—acquisition other than security\nrights 23\n32 Interest payable on compensation—security rights 24\nDivision 4.7 Dispute resolution\n33 Expert determination 25\nPart 5 Miscellaneous\n33A Court to ensure just terms 27\n34 Effect of acquisition of security right on securityholder’s rights 27\nSchedule 1 Amended Crown lease 28\n1.1 Amendment of Crown lease 28\nDictionary 40\nEndnotes\n1 About the endnotes 41\n2 Abbreviation key 41\n3 Legislation history 42\n4 Amendment history 43\n5 Earlier republications 44\n\n\n\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Infrastructure Enabling\nRegulation 2023\nmade under the\nHealth Infrastructure Enabling Act 2023\n\nPart 1 Preliminary\nSection 1\npage 2 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Health Infrastructure Enabling\nRegulation 2023.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation.\nFor example, the signpost definition ‘acquisition, for part 4\n(Compensation)—see section 9.’ means that the term ‘acquisition’ is\ndefined in that section for part 4.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n\nOperation of public hospital Part 2\nSection 5\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Operation of public hospital\n5 Public hospital employees—Act, s 14 (2) (a) and (b)\n(1) The head of service must make a written offer of employment with\nthe Territory to each public hospital employee who satisfies all of the\nfollowing criteria:\n(a) they are a public hospital employee immediately before the\nacquisition day;\n(b) they are an eligible person under the Public Sector Management\nAct 1994;\n(c) they are not a person to whom the Public Sector Management\nAct 1994, section 138 (No reappointment of former officer in\ncertain circumstances) applies;\n(d) they are not ineligible under an industrial agreement to be\nre-employed by the Territory for a certain period because the\nemployee has received a voluntary redundancy payment from\nthe Territory;\n(e) they have not accepted a redundancy payment or similar\npayment from Calvary or a related corporation in relation to\ntheir employment as a public hospital employee.\n(2) An offer must be on terms that are, as far as possible under the Public\nSector Management Act 1994, the same as or no less favourable than\nthe terms applying to the public hospital employee’s employment\nimmediately before the day the employee’s employment with Calvary\nends under subsection (4) (a).\n(3) An offer is conditional on the public hospital employee accepting the\noffer before the acquisition day or by any later day notified in writing\nby the head of service.\n\nPart 2 Operation of public hospital\nSection 5\npage 4 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) For each public hospital employee who accepts an offer of\nemployment with the Territory under this section—\n(a) unless otherwise agreed in writing between the head of service\nand the employee, the employee is taken to have resigned and\nthe employee’s employment with Calvary or a related\ncorporation as a public hospital employee ends, or is taken to\nhave ended, on the acquisition day; and\n(b) the Territory is liable for any entitlement (including annual, long\nservice, personal or other leave) the employee has accrued or\nhas a right to, immediately before the day the employee’s\nemployment with Calvary ends under paragraph (a); and\n(c) the employee’s employment as a public hospital employee is\nrecognised prior service and continuous service for leave and\nother entitlements under the Public Sector Management\nAct 1994 and any relevant industrial agreement.\nNote 1 The Fair Work Act 2009 (Cwlth) (FWA), s 22 (5), which recognises prior\nservice of employees if there is a transfer of employment, applies to the\nemployment of a public hospital employee by the Territory under this\nsection. As a transferring employee’s prior service counts as service with\nthe Territory, the employee is not entitled to a redundancy payment\nbecause their employment with Calvary ends under par (a) (see FWA,\ns 122 (2)).\nNote 2 In accordance with par (b), annual and other leave accrued by a public\nhospital employee as at the day their employment with Calvary ends\nunder par (a) carries over to their employment with the Territory. Accrued\nannual leave cannot be cashed out except if permitted under an industrial\nagreement mentioned in s 6 (see FWA, s 92).\n(5) The Territory is liable for—\n(a) any liability, loss or expense Calvary or a related corporation\nincurs as a result of the Territory not complying with\nsubsection (4) (b) or (c); and\n\nOperation of public hospital Part 2\nSection 5\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any redundancy or similar payment (not including any accrued\nannual, long service, personal or other leave) payable in\naccordance with law by Calvary or a related corporation to a\npublic hospital employee—\n(i) who is not employed by the Territory under this section;\nand\n(ii) whose employment with Calvary or a related corporation\nas a public hospital employee has been terminated on or\nimmediately after the acquisition day because of the\noperation of this Act.\n(6) The amount equivalent to the Territory’s liability under\nsubsection (4) (b) must be taken into account when working out the\namount of compensation to which Calvary or a related corporation is\nentitled under the Act as worked out under part 4.\n(7) The following provisions do not apply to an offer of employment with\nthe Territory under this section:\n(a) the Public Sector Management Act 1994—\n(i) section 25 (Employees); and\n(ii) section 27 (Application of the merit and equity principle);\nand\n(iii) section 68 (Appointment to vacant office);\n(b) the Public Sector Management Standards 2016, part 2\n(Selection process).\n(8) In this section:\neligible person—see the Public Sector Management Act 1994,\ndictionary.\n\nPart 2 Operation of public hospital\nSection 6\npage 6 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Prescribed industrial agreements—Act, dict, def public\nhospital employee, par (a) (ii)\n(1) The following industrial agreements are prescribed:\n(a) the Administrative and Related Classifications Enterprise\nAgreement 2021-2022;\n(b) the Health Professionals Enterprise Agreement 2021-2022;\n(c) the Infrastructure Services Enterprise Agreement 2021-2022;\n(d) the Support Services Enterprise Agreement 2021-2022;\n(e) the Technical and Other Professional Enterprise Agreement\n2021-2022;\n(f) the Medical Practitioners Enterprise Agreement 2021-2022;\n(g) the Nursing and Midwifery Enterprise Agreement 2020-2022;\n(h) any other agreement, including any agreement replacing an\nagreement mentioned in paragraphs (a) to (g) before the\nacquisition day, declared by the head of service.\n(2) A declaration under subsection (1) (h) is a notifiable instrument.\n7 Public hospital contracts—Act, s 14 (2) (c)\n(1) The Territory must notify Calvary in writing which public hospital\ncontracts (the nominated contracts) the Territory proposes to have\nnovated or assigned to it.\n(2) Calvary must use all reasonable endeavours to ensure the Territory\nreceives the full benefit of the nominated contract including by\nprocuring the execution of deeds of assignment or novation if consent\nand agreement of a third party is required.\n\nOperation of public hospital Part 2\nSection 7\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The Territory must—\n(a) assume the rights and liabilities under each nominated contract\nnovated or assigned to it under this section; and\n(b) cooperate with Calvary in any reasonable arrangement intended\nto transfer to the Territory the benefit and the burden of each of\nthose contracts.\n(4) If a nominated contract (a residual nominated contract) is not\neffectively assigned or novated to the Territory, on the written request\nof the Territory—\n(a) Calvary or a related corporation must account to the Territory\nfor any benefit it receives in relation to the contract; and\n(b) Calvary must do all things reasonably required by the Territory\nto ensure that the Territory receives the benefit of the contract;\nand\n(c) Calvary or a related corporation must hold the benefit of the\ncontract on bare trust for the Territory and deal with the contract\nonly as directed by the Territory.\n(5) The Territory may give written notice (which must not be less than\n7 days) to Calvary and the third party under a residual nominated\ncontract that the Territory intends to novate the contract to the\nTerritory.\n(6) However, the Territory may only give notice under subsection (5) if\nit considers that novating the residual nominated contract is necessary\nfor—\n(a) the safe and orderly transition of the operation of the public\nhospital to the Territory;\n(b) the continued operation of, and maintenance of service delivery\nstandards at, the public hospital.\n\nPart 2 Operation of public hospital\nSection 7\npage 8 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) If the Territory gives notice in relation to a residual nominated\ncontract under subsection (5)—\n(a) the contract is novated on the day stated in the notice; and\n(b) the third party may at any time 6 months after the contract is\nnovated to the Territory, or any other period stated in the notice,\nterminate the contract by 14 days written notice to the Territory;\nand\n(c) if the third party terminates the contract under paragraph (b), the\nthird party is not liable to the Territory for breach of the contract\nor for any compensation to the Territory because of the\ntermination.\n(8) Calvary is liable for any liability, loss or expense the Territory incurs\nbecause of a default by Calvary or a related corporation under, or\nbreach by Calvary or a related corporation of, any nominated contract\nbefore the day the contract is assigned or novated to, or held in trust\nfor, the Territory.\n(9) The Territory is liable for any liability, loss or expense Calvary or a\nrelated corporation incurs as a result of any breach under, or breach\nby the Territory of, any nominated contract after the day the contract\nis assigned or novated to, or held in trust for, the Territory.\n\nAmendment of Crown lease Part 3\nSection 8\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Amendment of Crown lease\n8 Amendment of Crown lease—Act, s 19 (1) (b)\nThe Crown lease is amended as set out in schedule 1.\n\nPart 4 Compensation\nDivision 4.1 Preliminary\nSection 9\npage 10 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Compensation\nDivision 4.1 Preliminary\n9 Definitions—pt 4\nIn this part:\nacquisition means an acquisition of an interest under the Act.\nclaim means a claim for compensation under this part.\nclaimant means a person making a claim for compensation under this\npart.\ncompensation—see the Act, section 10 (5).\nmarket value, of an interest on the acquisition day, means the amount\nthat would have been paid for the interest if it had been sold at that\ntime by a willing but not anxious seller to a willing but not anxious\nbuyer.\nmiscellaneous interest—see section 16.\n9A Person not entitled to compensation by more than\n1 means\n(1) This section applies if a person is given, or is entitled to be given,\ncompensation under a provision of this regulation or another territory\nlaw in relation to a matter.\n(2) The person is not entitled to make a claim under another provision of\nthis regulation or another territory law in relation to the matter.\n\nCompensation Part 4\nAcquisition of Calvary’s interest in the public hospital land Division 4.2\nSection 10\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.2 Acquisition of Calvary’s interest in the\npublic hospital land\n10 Matters relevant to working out compensation—Calvary’s\ninterest in the public hospital land\n(1) Matters that may be relevant to working out the amount of\ncompensation for the acquisition of Calvary’s interest in the public\nhospital land include the following:\n(a) the market value of the Crown lease for the hospital land on the\nacquisition day;\n(b) that—\n(i) the Crown lease and preceding Crown lease for the hospital\nland were granted to Calvary for no charge and a nominal\nrent was payable under the leases; and\n(ii) the Crown lease as amended under the Act, section 19\ncontinues to be held by Calvary for no charge and for\nnominal rent; and\n(iii) certain buildings and improvements on the hospital land\nand capital items were funded by the Territory, the\nCommonwealth or entities other than Calvary or a related\ncorporation;\n(c) the value, on the acquisition day, of any financial advantage to\nCalvary, additional to the market value of the Crown lease for\nthe hospital land, incidental to Calvary’s interest in the hospital\nland;\n(d) any reasonable increase or decrease in the value of the private\nhospital land or buildings or other improvements on it directly\ncaused by—\n(i) the removal of the public hospital land from the Crown\nlease; or\n\nPart 4 Compensation\nDivision 4.2 Acquisition of Calvary’s interest in the public hospital land\nSection 12\npage 12 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the development of a new public hospital on the public\nhospital land;\n(e) any costs reasonably incurred by Calvary as a direct and\nreasonable consequence of it complying with its obligations\nunder the Act;\n(f) any other loss, injury or damage suffered, or expense reasonably\nincurred, by Calvary as a direct and reasonable consequence of\nthe acquisition.\n(2) Calvary must take all reasonable steps to minimise any loss, injury or\ndamage suffered, or expense reasonably incurred by Calvary because\nof the acquisition of Calvary’s interest in the public hospital land.\nExample\nmake a claim under an insurance policy or under an indemnity or other contractual\nright for a loss\n12 Hospital land subject to security\n(1) As a general rule, the compensation for the acquisition of Calvary’s\ninterest in the public hospital land is determined as if the interest had\nnot been subject to any security.\n(2) If compensation is payable under this part to a securityholder, the\ncompensation payable to Calvary is reduced by so much of the\ncompensation payable to the securityholder as represents the amount\nworked out under division 4.3 (Acquisition of security rights).\n\nCompensation Part 4\nAcquisition of security rights Division 4.3\nSection 13\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.3 Acquisition of security rights\n13 Matters relevant to working out compensation—security\nrights\n(1) Matters that may be relevant to working out the amount of\ncompensation for the acquisition of a security right under a security\n(the relevant security) include the following:\n(a) the amount reasonably determined to reflect the value of the\nimpact of the acquisition of the security right on the debt\narrangements which are secured by the relevant security;\n(b) any other costs reasonably incurred by the securityholder as a\ndirect and reasonable consequence of the acquisition.\n(2) Calvary and any securityholder must take all reasonable steps to\nminimise any loss, injury or damage suffered, or expense reasonably\nincurred because of the acquisition of the security right.\n15 Securityholder may waive rights in relation to security\nrights\n(1) The securityholder under a security may, by written notice to the\nTerritory, waive the securityholder’s right to any compensation under\nthe Act in relation to the acquisition of a security right.\n(2) The Territory may, by written notice given to a securityholder from\nwhom a security right has, or may have been, acquired under the Act,\nrequire the securityholder, at the securityholder’s option to—\n(a) make a claim under division 4.5; or\n(b) waive the right to compensation.\n(3) If a securityholder does not, within 30 days after a notice under\nsubsection (2) is given to the securityholder or any further period as\nthe Territory, in writing, allows, make a claim for compensation, the\nsecurityholder is taken to have waived the right to compensation in\nrelation to the acquisition of the security right.\n\nPart 4 Compensation\nDivision 4.4 Acquisition of miscellaneous interests\nSection 16\npage 14 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A securityholder who waives the right to compensation in relation to\nthe acquisition of a security right—\n(a) is debarred from recovering any compensation from the\nTerritory or the Commonwealth in relation to the acquisition;\nbut\n(b) retains, in relation to the security right, any right or remedy that\nthe securityholder may have—\n(i) against Calvary; or\n(ii) in relation to any interest in the public hospital land, public\nhospital assets or network agreements that is still subject to\nthe security.\nDivision 4.4 Acquisition of miscellaneous\ninterests\n16 Application—div 4.4\nThis division applies to an acquisition of an interest (a miscellaneous\ninterest) other than an acquisition of—\n(a) Calvary’s interest in the public hospital land; or\n(b) a security right.\nExamples\n1 Calvary’s interest in the public hospital assets acquired under the Act, s 9 (1)\n(Acquisition of public hospital assets)\n2 any interest in land that is not a security right that is taken to have been\nacquired under the Act, s 8 (2) (Acquisition of public hospital land)\n3 any other interest that is not a security right that is taken to have been acquired\nunder the Act, s 9 (2)\n\nCompensation Part 4\nAcquisition of miscellaneous interests Division 4.4\nSection 17\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Matters relevant to working out compensation—\nmiscellaneous interests\n(1) Matters that may be relevant to working out the amount of\ncompensation for an acquisition of a miscellaneous interest include\nthe following:\n(a) except in a case to which paragraph (b) applies—\n(i) the market value of the interest on the acquisition day; and\n(ii) the value, on the acquisition day, of any financial\nadvantage to the person, additional to market value,\nincidental to the person’s interest; and\n(iii) the impact caused by the acquisition on any other interest\nancillary to the person’s interest;\n(b) if the person’s interest was diminished, but not extinguished, by\nthe acquisition—the loss suffered by the person because of the\ndiminution of the person’s interest;\n(c) any loss, injury or damage suffered, or expense reasonably\nincurred, by the person as a direct and reasonable consequence\nof the acquisition.\n(2) A person must take all reasonable steps to minimise any loss, injury\nor damage suffered, or expense reasonably incurred by them because\nof the acquisition of the person’s interest.\nExample\nmake a claim under an insurance policy or under an indemnity or other contractual\nright for a loss\n19 Miscellaneous interest subject to security\n(1) This section applies if—\n(a) a miscellaneous interest is acquired from a person (the owner)\nunder the Act; and\n\nPart 4 Compensation\nDivision 4.5 Claims for, and offers of compensation\nSection 20\npage 16 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) immediately before the acquisition day, the interest was subject\nto a security.\n(2) As a general rule, the compensation to which the owner of the interest\nis entitled in relation to the acquisition is determined as if the interest\nhad not been subject to any security.\n(3) If compensation is payable under this part to a securityholder, the\ncompensation payable to Calvary is reduced by so much of the\ncompensation payable to the securityholder as represents the amount\nworked out under division 4.3 (Acquisition of security rights).\nDivision 4.5 Claims for, and offers of\ncompensation\n20 Claims for compensation——generally\n(1) A person who considers that they are entitled to be paid compensation\nunder the Act may make a claim for compensation in accordance with\nthis division.\n(2) A claim must be made—\n(a) within the 12-month period starting on the acquisition day; or\n(b) if the Minister gives notice before the end of that period of a\nlater day—the day stated in the notice.\n(3) If the Minister is satisfied that a person has a reasonable excuse for\nnot making a claim in the period mentioned in subsection (2)—the\nMinister may, in writing, extend the time in which the claim must be\nmade.\nNote A person may apply to the Minister for an extension of time, and the\nMinister may extend the time, even though the period mentioned in s (1)\nhas ended (see Legislation Act, s 151C).\n(4) If a person does not make a claim for compensation within the period\nmentioned in subsections (2) or (3), the person is taken to have\nwaived the right to compensation in relation to the acquisition.\n\nCompensation Part 4\nClaims for, and offers of compensation Division 4.5\nSection 21\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) A person who waives the right to compensation in relation to the\nacquisition under subsection (4)—\n(a) is debarred from recovering any compensation from the\nTerritory or the Commonwealth in relation to the acquisition;\nbut\n(b) in relation to a security interest—retains, in relation to the\nsecurity, any right or remedy that the person may have against\nCalvary or a related corporation.\n(6) A notice under subsection (2) (b) is a notifiable instrument.\n21 How claims must be made\n(1) A claim must—\n(a) be in writing and in any form reasonably required by the\nTerritory; and\n(b) state the interest of the person that has been acquired under the\nAct; and\n(c) state the amount of compensation the person claims in relation\nto the acquisition; and\n(d) include sufficient detail to allow the claim to be considered,\nincluding detail about how a monetary amount claimed is\nworked out; and\n(e) if the claim is in relation to the acquisition of a security right\nunder a security—state the total value of the impact of the\nacquisition on the relevant debt arrangement, how it has been\ndetermined (including calculations, if relevant), and the total\namount of debt secured by the security.\n(2) A claim is taken to be made only when it is given to the\ndirector-general.\n(3) A person may withdraw their claim by written notice to the\ndirector-general.\n\nPart 4 Compensation\nDivision 4.5 Claims for, and offers of compensation\nSection 22\npage 18 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If a claim is withdrawn, the Act has effect as if the claim had never\nbeen made.\n(5) The director-general may determine further requirements for how a\nclaim must be made under this section.\n(6) A determination under subsection (5) is a notifiable instrument.\n22 Territory may request further information about claims\nThe director-general may, in writing, require a claimant to give the\ndirector-general information that the director-general reasonably\nconsiders is needed to decide a claim within a stated period.\n23 Timeframe for deciding initial claims\n(1) The director-general must decide a claim within 12 weeks after the\nday—\n(a) the claim is given to them; or\n(b) if information is requested under section 22—the information is\ngiven to them.\n(2) The claimant may agree in writing to an extension of the 12-week\nperiod before the end of the period.\n24 Early compensation arrangements\n(1) The Territory may make a payment to a claimant or do any other thing\non account of compensation that may—\n(a) become payable to a claimant under this division; or\n(b) be required to be done by the Territory under this division; or\n(c) assist to mitigate the impacts of the acquisition on the claimant\nin the period before compensation is given.\n(2) Anything done by the Territory under subsection (1) does not\nconstitute acceptance by the Territory of any claim made under this\ndivision.\n\nCompensation Part 4\nClaims for, and offers of compensation Division 4.5\nSection 25\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Acceptance by a claimant of anything done by the Territory under\nsubsection (1) does not constitute an acceptance of any offer made by\nthe Territory under this division.\n25 Effect of compensation claim in relation to acquisition of\nsecurity rights\n(1) This section applies if—\n(a) a security right has been acquired by the Territory from a\nsecurityholder; and\n(b) the securityholder makes a claim for compensation in relation to\nthe acquisition.\n(2) The acquisition is taken, on the acquisition day, to have—\n(a) discharged and released the public hospital land, public hospital\nassets and Calvary’s interests in the network agreements from\nthe security; and\n(b) discharged and released the liability of Calvary under the\nsecurity to the extent attributable to the public hospital land,\npublic hospital assets and Calvary’s interests in the network\nagreements; and\n(c) discharged and released Calvary and its related corporations\nfrom the obligation to pay or repay to the securityholder an\namount equal to the amount of compensation paid to or for the\naccount of the securityholder.\n(3) On the giving of the compensation to the securityholder, the\nsecurityholder must, if required by Calvary and at the expense of\nCalvary, execute a discharge to the extent provided for in\nsubsection (2).\n\nPart 4 Compensation\nDivision 4.5 Claims for, and offers of compensation\nSection 26\npage 20 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Amount paid in relation to security rights extinguished by\ns 25\n(1) If an amount has been paid to or recovered by the securityholder\nunder a security in relation to a liability that, on the making of a claim\nby the securityholder, is, by section 25, taken to have been\ndischarged—\n(a) the securityholder is liable to repay that amount to the person\nwho paid it; and\n(b) the Territory may deduct from the compensation payable to the\nsecurityholder and pay to the person who paid that amount the\namount that has not been repaid.\n(2) A payment made by the Territory under subsection (1) (b) is taken to\nhave been made in discharge of the obligation of the securityholder\nunder subsection (1) (a).\n27 Territory must accept or reject claim for compensation\n(1) If the Territory is satisfied that the interest stated in a claim has been\nacquired from the claimant, the Territory must make an offer of\ncompensation to the claimant that the Territory considers the claimant\nis entitled to in accordance with this part.\n(2) The Territory must give the claimant written notice stating—\n(a) that the claim is accepted; and\n(b) how the compensation offered was, or will be, worked out.\n(3) If the Territory does not consider that an interest has been acquired\nfrom the claimant under the Act, the Territory must reject the claim.\n(4) If the Territory rejects the claim, it must give written notice to the\nclaimant stating—\n(a) that the claim is rejected; and\n(b) the reasons why it is rejected.\n\nCompensation Part 4\nClaims for, and offers of compensation Division 4.5\nSection 28\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If the Territory has not given the claimant a notice under\nsubsection (2) or (4) within the period mentioned in section 23\n(Timeframe for deciding initial claims), the Territory is taken to have\nrejected the claim.\n28 Claimant may accept or reject Territory’s compensation\noffer\n(1) If the Territory makes an offer of compensation under section 27 (1),\nthe claimant may, by written notice to the director-general—\n(a) accept the offer; or\n(b) do both of the following:\n(i) reject the offer;\n(ii) state the amount of compensation they consider they are\nentitled to and how the amount is worked out.\n(2) If the claimant has not given the Territory a notice under\nsubsection (1) within 30 days after the day the Territory makes the\noffer of compensation, the claimant is taken to have rejected the offer.\n29 Territory must reconsider offer and make final offer\n(1) If the director-general receives a notice rejecting an offer under\nsection 28 (1) (b) (i) or section 28 (2) applies, the Territory must—\n(a) reconsider the amount of compensation within 12 weeks after\nthe day the Territory receives the notice; and\n(b) consider the information included in the notice; and\n(c) give the claimant a written final offer of compensation that the\nTerritory considers the claimant is entitled to under this part.\n(2) The Territory must state in the final offer how the compensation\noffered is worked out.\n\nPart 4 Compensation\nDivision 4.6 Payment etc of compensation\nSection 30\npage 22 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The claimant must accept or reject the final offer by written notice to\nthe director-general.\n(4) If the claimant has not given the Territory a notice under\nsubsection (3) within 30 days after the day the Territory makes the\nfinal offer of compensation, the claimant is taken to have rejected the\noffer.\nDivision 4.6 Payment etc of compensation\n30 Payment etc of compensation\n(1) If a claimant accepts an offer of an amount of compensation under\nsection 28 (a) or section 29 (3) in relation to an acquisition, the\namount of compensation given to the claimant under the Act,\nsection 10 (Acquisition must be on just terms) for the acquisition is—\n(a) the amount of compensation in the accepted offer; less\n(b) any amount paid, or the value of any other compensation given,\nby the Territory to the claimant under section 24 (Early\ncompensation arrangements).\n(2) The Territory must give the claimant the compensation as soon as is\nreasonably practicable after the claimant has—\n(a) produced or surrendered all deeds and documents relating to, or\nevidencing, the claimant’s title to the acquired interest that the\nTerritory reasonably requires to be produced or surrendered; and\n(b) executed all documents, including any deed of release, the\nTerritory reasonably requires; and\n(c) complied with any obligations under the Act.\n\nCompensation Part 4\nPayment etc of compensation Division 4.6\nSection 31\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n31 Interest payable on compensation—acquisition other\nthan security rights\n(1) This section applies if the Territory is liable to pay a monetary\ncomponent of compensation to a claimant under this part in relation\nto an acquisition, other than a security right.\n(2) The Territory must pay the claimant interest on the compensation at\nthe relevant rate for the month when the Territory becomes liable to\npay the compensation on and from the acquisition day until—\n(a) the day on which the compensation is paid; or\n(b) if payment is delayed through a default or delay of the claimant,\nuntil the day on which the compensation would have been paid\nbut for the default or delay.\n(3) Subsection (4) applies if—\n(a) the claimant rejects, or is taken to have rejected, a final offer\nmade under section 29 (1) (c); and\n(b) the amount of compensation payable under this division is less\nthan the final offer.\n(4) The period for which interest is payable under subsection (2) does not\ninclude the period—\n(a) starting on the day the claimant rejects, or is taken to have\nrejected, the final offer; and\n(b) ending on the day the amount of compensation payable under\nthis division is determined.\n(5) Interest is not payable to the claimant on the whole or any part of the\ncompensation otherwise than in accordance with this section.\n\nPart 4 Compensation\nDivision 4.6 Payment etc of compensation\nSection 32\npage 24 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In this section:\nrelevant rate, of interest for the month when the Territory becomes\nliable to pay the compensation, means the rate that is the assessed\nsecondary market yield for 5 year non-rebate Treasury bonds,\npublished by the Reserve Bank of Australia on the first day of the\nmonth.\n32 Interest payable on compensation—security rights\n(1) This section applies if the Territory is liable to pay compensation to a\nclaimant under this part in relation to the acquisition of a security\nright.\n(2) The Territory must pay the claimant interest on the amount\nrepresenting the principal secured under the security included in the\ncompensation at the lowest rate (whether for prompt payment or\notherwise) provided for by the security on and from the acquisition\nday until—\n(a) the day on which the compensation is paid; or\n(b) if payment is delayed through a default or delay of the claimant,\nuntil the day on which the compensation would have been paid\nbut for the default or delay.\n(3) Subsection (4) applies if—\n(a) the claimant rejects, or is taken to have rejected, a final offer\nmade under section 29 (1) (c); and\n(b) the amount of compensation payable under this division is less\nthan the final offer.\n(4) The period for which interest is payable under subsection (2) does not\ninclude the period—\n(a) starting on the day the claimant rejects, or is taken to have\nrejected, the final offer; and\n\nCompensation Part 4\nDispute resolution Division 4.7\nSection 33\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) ending on the day the amount of compensation payable under\nthis division is determined.\n(5) Interest is not payable to the claimant on the whole or any part of the\ncompensation payable otherwise than in accordance with this section.\nDivision 4.7 Dispute resolution\n33 Expert determination\n(1) This section applies if a dispute arises between a claimant and the\nTerritory.\n(2) The party in dispute must give the other party written notice of the\ndispute no later than 30 days after the dispute arises.\n(3) Unless the parties to the dispute otherwise agree—\n(a) as soon as is practicable after the notice under subsection (2) is\ngiven—\n(i) an independent expert must be appointed to decide the\ndispute; and\n(ii) the dispute must be promptly referred to the independent\nexpert; and\n(b) a party may not commence legal proceedings in relation to the\ndispute if the dispute has not been first decided by the\nindependent expert.\n(4) The person appointed as an independent expert, including the terms\nof the appointment, is—\n(a) as agreed in writing by the parties to the dispute; or\n(b) if the parties are unable to agree—a person nominated in writing\nby a relevant professional body declared by the Minister.\n\nPart 4 Compensation\nDivision 4.7 Dispute resolution\nSection 33\npage 26 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If a dispute is referred to an independent expert, the expert must—\n(a) make a determination—\n(i) as an expert; and\n(ii) based on the information provided to them by the parties;\nand\n(b) give the parties written notice of the determination and reasons\nfor it.\n(6) A determination by an independent expert—\n(a) is final and binding on the parties for the Act and any court\nproceeding under the Act; but\n(b) may be reviewed by a court of competent jurisdiction for legal\nerror.\n(7) A declaration under subsection (4) (b) is a notifiable instrument.\n(8) In this section:\ndispute means a dispute about how compensation is worked out under\nthis part.\n\nMiscellaneous Part 5\nSection 33A\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n33A Court to ensure just terms\nNothing in this regulation excludes the jurisdiction of a court of\ncompetent jurisdiction to determine—\n(a) a question of law; or\n(b) the just terms for any acquisition of property under the Act, if—\n(i) the application of a provision of this regulation would\nresult in just terms not being provided for the acquisition;\nor\n(ii) this regulation does not otherwise provide for it.\n34 Effect of acquisition of security right on securityholder’s\nrights\n(1) This section applies to any security right that is taken to have been\nacquired by the Territory under the Act.\n(2) The securityholder retains, in relation to so much of the security as is\nnot discharged by section 25 (Effect of compensation claim in\nrelation to acquisition of security right), any right and remedy that the\nsecurityholder may have—\n(a) against Calvary; or\n(b) in relation to any interest that is still subject to the security.\n\nSchedule 1 Amended Crown lease\nSection 1.1\npage 28 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Amended Crown lease\n(see s 8)\n1.1 Amendment of Crown lease\nThe Crown lease is amended as follows:\n(a) text that is underlined is inserted into the Crown lease;\n(b) text that is struck through is omitted from the Crown lease.\n\nAmended Crown lease Schedule 1\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEntered in the Register Book\nVolume Folio\nRegistrar-General\nSection 167\nLand (Planning and\nEnvironment) Act applies\nAUSTRALIAN CAPITAL TERRITORY\nLAND (PLANNING AND ENVIRONMENT) ACT 1991\nAustralian Capital Territory (Planning and Land\nManagement) Act 1988 (C'th) ss 29, 30 & 31\nLESSEE\nLEASE GRANTED pursuant to the Land\n(Planning and Environment) Act 1991 and the\nRegulations thereunder on the Sixteenth day of\nNovember One thousand nine hundred and ninety\nnine WHEREBY THE AUSTRALIAN\nCAPITAL TERRITORY EXECUTIVE ON\nBEHALF OF THE COMMONWEALTH OF\nAUSTRALIA (hereinafter called \"the\nCommonwealth\") grants to CALVARY\nHOSPITAL ACT INCORPORATED an\n\nSchedule 1 Amended Crown lease\npage 30 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLAND\nTERM\nassociation incorporated under the Associations\nIncorporation Act 1991 of the Australian Capital\nTerritory having its principal office at Calvary\nHospital Bruce in the said Territory (hereinafter\ncalled \"the Lessee\") ALL THAT piece or parcel\nof land situate in the Australian Capital Territory\ncontaining an area of 12.69 [insert area of private\nhospital land] hectares or thereabouts and being\nBlock 1 Section 1 Division of Bruce [insert\nidentifier for private hospital land] as delineated\non Deposited Plan Number 2360 [insert\ndeposited plan number for private hospital land]\nin the Registrar-General's Office at Canberra in\nthe said Territory (hereinafter referred to as \"the\nland\") RESERVING unto the Territory all\nminerals TO HOLD unto the Lessee for the term\nof ninety nine years commencing on the sixteenth\nday of November One thousand nine hundred and\nninety nine (hereinafter referred to as \"the date of\nthe commencement of the lease\") to be used by\nthe Lessee for the purpose set forth in sub-clause\n(a) of Clause 3 of this lease only YIELDING\nAND PAYING THEREFOR rent in the amount\nand in the manner and at the times hereinafter\n\nAmended Crown lease Schedule 1\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprovided and UPON AND SUBJECT TO the\ncovenants conditions and agreements hereinafter\ncontained.\n1. INTERPRETATION\n1.1 IN THIS LEASE, unless the contrary intention appears:\n(a) Adjacent Land means [insert identifier\nfor public hospital land];\n(b) Australian Capital Territory\nExecutive means the Executive\nestablished by section 36 of the\nAustralian Capital Territory (Self-\nGovernment) Act 1988 (C'th);\n(c) Lessee shall –\n(i) where the Lessee consists of one\nperson be deemed to include the\nLessee and the executors\nadministrators and assigns of the\nLessee;\n(ii) where the Lessee consists of two or\nmore persons be deemed to include\nin the case of a tenancy in common\nthe persons and each of them and\ntheir and each of their executors\nadministrators and assigns and in\nthe case of a joint tenancy be\ndeemed to include the said persons\nand each of them and their and\neach of their assigns and the\nexecutors administrators and\n\nSchedule 1 Amended Crown lease\npage 32 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nassigns of the survivor of them;\nand\n(iii) where the Lessee is a corporation\nbe deemed to include such\ncorporation its successors and\nassigns;\n(d) Territory means –\n(i) when used in a geographical sense\nthe Australian Capital Territory;\nand\n(ii) when used in any other sense the\nbody politic established by\nsection 7 of the Australian Capital\nTerritory (Self Government)\nAct 1988 (C’th);\n2. THE LESSEE COVENANTS WITH THE\nCOMMONWEALTH as follows:\nRENT (a) That the Lessee shall pay to the\nTerritory rent at the rate of ten cents\nper annum if and when demanded\npayable within one month of the date\nof any demand made by the Territory\nrelating thereto and served on the\nLessee;\nMANNER OF\nPAYMENT OF RENT\n(b) That any rent or other moneys payable\nby the Lessee to the Territory under\nthis lease shall be paid to such person\nas may be authorised by the Territory\nfor that purpose at Canberra in the said\nTerritory without any deduction\nwhatsoever.\n\nAmended Crown lease Schedule 1\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3. THE LESSEE FURTHER COVENANTS WITH THE\nCOMMONWEALTH as follows:\nPURPOSE (a) To use the said land only for the\npurpose of a hospital and ancillary\nservices thereto and accommodation\nfacilities for employees of the hospital\nand a residence and ancillary services\nfor members of the Calvary Hospital\nACT Incorporated who are conducting\nthe hospital;\nBUILDING SUBJECT\nTO APPROVAL\n(b) That the Lessee shall not without the\nprevious approval in writing of the\nTerritory erect any building or\nstructure other than a hospital or make\nany structural alteration to any\nbuilding or erection on the said land;\nREPAIR (c) That the Lessee shall at all times\nduring the said term maintain repair\nand keep in repair all buildings and\nerections on the said land all to the\nsatisfaction of the Territory. In case of\nloss or damage to any buildings or\nother improvements on the said land\nwhich have been wholly paid for\ndirectly or indirectly by the Territory\nthe Territory may in their absolute\ndiscretion at their own cost replace\nsuch buildings or other improvements\nas they think fit;\nFAILURE TO\nREPAIR\n(d) If and whenever the Lessee fails to\nrepair or keep in repair any building or\nerection on the said land the Territory\nmay by notice in writing to the Lessee\nspecifying the wants of repairs require\nthe Lessee to effect repairs in\n\nSchedule 1 Amended Crown lease\npage 34 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\naccordance with the said notice or to\nremove the building or erection and if\nafter the expiration of one calendar\nmonth from the date of the said notice\nor such longer time as the Territory\nmay in writing allow the Lessee has\nnot effected the said repairs or\nremoved the building or erection the\nTerritory with such equipment as is\nnecessary may enter upon the said\nland and effect the said repairs or (if\nthe Territory is of the opinion the\nbuilding or erection is beyond\nreasonable repair) may demolish and\nremove the building or erection;\nSUB-LETTING (e) Not to assign sub-lease or part with\npossession of any or all of the said\nland or buildings erections or\nimprovements thereon without the\nprevious approval in writing of the\nTerritory;\nRIGHT OF\nINSPECTION\n(f) Subject to the provisions of the Land\n(Planning and Environment) Act 1991\nto permit any person or persons\nauthorised by the Territory to enter\nupon the said land at all reasonable\ntimes and in any reasonable manner\nand inspect the said land and any\nbuildings erections and improvements\nthereon;\nRATES AND\nCHARGES\n(g) To pay all rates charges and other\nstatutory outgoings assessed levied or\npayable in respect of the said land as\nand when the same fall due;\n\nAmended Crown lease Schedule 1\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLAND ACCESS (h) To permit any person or persons\nauthorised by the Territory to enter\nupon the said land at all reasonable\ntimes and in any reasonable manner to\nenable access between the hospital on\nthe Adjacent Land and any hospital on\nthe land.\n4. THE COMMONWEALTH COVENANTS WITH THE\nLESSEE that the Lessee observing and performing the covenants\non the part of the Lessee to be observed or performed shall quietly\nenjoy the said land without interruption by the Territory; THE\nCOMMONWEALTH FURTHER COVENANTS WITH THE\nLESSEE that while the Adjacent Land is owned or controlled by the\nTerritory the Lessee (and/or any approved sublessee operating a\nhospital on the land) will be permitted to access any hospital on the\nAdjacent Land at such times and in such manner as is reasonably\nrequired for the purpose of the conduct of the business of a hospital\noperated from the land by the Lessee and/or their approved\nsublessee.\n5. IT IS MUTUALLY COVENANTED AND AGREED as follows:\nSURRENDER (a) In the event of the expiration surrender\nor termination of the lease (not being\ntermination arising under the next\nsucceeding sub-clause) the Lessee\nshall not remove or be entitled to\ncompensation for the value of any\nbuildings or other improvements on\nthe said land which have been wholly\npaid for directly or indirectly by the\nTerritory. In respect of all other\nbuildings and other improvements the\nLessee may be paid such\ncompensation as determined by the\n\nSchedule 1 Amended Crown lease\npage 36 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTerritory having regard to the financial\ncontribution made by the Lessee in the\nconstruction of those buildings and\nother improvements provided that the\namount or amounts payable as\ncompensation shall not exceed the\nvalue or values of such buildings or\nother improvements at the time of the\nexpiration surrender or termination;\n(b) In the event that the Lessee breaches\nor fails to comply with any of the\nterms and conditions of the Agreement\nmade between the Australian Capital\nTerritory and Calvary Health Care\nACT Limited dated the seventh day of\nDecember two thousand and eleven\nwhich said Agreement deals with the\nconstruction establishment operation\nand maintenance of Calvary Hospital\nin the said Territory or any of the\ncovenants of this lease or any\napplicable law of the said Territory the\nTerritory without prejudice to any\nother remedy may give the Lessee\nthirty days notice requiring it to rectify\nsuch breach or omission and in the\nevent that such breach or omission is\nnot rectified within such time the\nTerritory may forthwith terminate the\nlease and in that event the Lessee will\nbe entitled to fair and reasonable\ncompensation for the value of the\nbuildings and other improvements\nhaving regard to the financial\ncontributions made by the Lessee in\nthe construction of those buildings and\nother improvements;\n\nAmended Crown lease Schedule 1\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFURTHER LEASE (c) Subject to the provisions of the Land\n(Planning and Environment) Act 1991\nthe Lessee shall be entitled to a further\nlease of the said land for such further\nterm and at such rent and subject to\nsuch conditions as may then be\nprovided or permitted by Statute\nOrdinance or Regulation;\nNOTICES (d) That any notice requirement demand\nconsent or other communication to be\ngiven to or served upon the Lessee\nunder this lease shall be deemed to\nhave been duly given or served if\nsigned by or on behalf of the Territory\nand delivered to or sent in a prepaid\nletter addressed to the Lessee at the\nregistered office of the Lessee in the\nsaid Territory BUT if for any reason\nthe Lessee does not have a registered\noffice in the said Territory then at the\nusual or last-known address of the\nLessee or affixed in a conspicuous\nposition on the said land;\nEXERCISE OF\nPOWERS\n(e) Any and every right power and or\nremedy conferred on the\nCommonwealth the Territory or the\nrespective Ministers hereunder or\nimplied by law may be exercised on\nbehalf of the Commonwealth the\nTerritory or the respective Ministers as\nthe case may be by:\n(i) the Australian Capital Territory\nExecutive;\n(ii) the Minister for the time being\nadministering the Land (Planning\n\nSchedule 1 Amended Crown lease\npage 38 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nand Environment) Act 1991 or\nany Statute Ordinance or\nRegulation substituted therefor;\n(iii) an authority or person for the time\nbeing authorised by the\nAustralian Capital Territory\nExecutive or the Minister referred\nto in (i) or (ii) above or by law to\nexercise those powers or\nfunctions of the Territory the\nCommonwealth or the relevant\nMinister; or\n(iv) the person to whom the Minister\nreferred to in (ii) above has\ndelegated all his powers or\nfunctions under the said Land\n(Planning and Environment)\nAct 1991 or any Statute\nOrdinance or Regulation\nsubstituted therefor.\nIN WITNESS whereof the Australian Capital Territory Executive on behalf of\nthe Commonwealth and the Lessee have executed this Lease.\nSIGNED, SEALED and\nDELIVERED by [insert delegate’s\nname]\na person duly authorised by the\nAustralian Capital Territory\nExecutive for and on behalf of the\nCommonwealth in the presence of: Signature of delegate\nSignature of witness Name of delegate (block letters)\n\nAmended Crown lease Schedule 1\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFull name of witness (block letters) Position of delegate (block letters)\nThe Common Seal of CALVARY\nHOSPITAL ACT\nINCORPORATED was affixed\nhereto by the authority of the Local\nCouncil and in the presence of: Signature of authorised person\nSignature of witness Name of authorised person (block letters)\nFull name of witness (block letters) Position of authorised person (block letters)\n\nDictionary\npage 40 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• head of service\n• notifiable instrument\n• the Territory\n• territory law.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Health Infrastructure Enabling Act 2023. For example, the following\nterms are defined in the Act, dict:\n• acquisition day (see s 7)\n• Crown lease\n• director-general (see s 23 (1))\n• hospital land\n• interest, in the public hospital land or a public hospital asset\n• network agreement\n• public hospital assets\n• public hospital contract\n• public hospital employee\n• public hospital land\n• security\n• securityholder\n• security right.\nacquisition, for part 4 (Compensation)—see section 9.\nclaim, for part 4 (Compensation)—see section 9.\nclaimant, for part 4 (Compensation)—see section 9.\ncompensation—see the Act, section 10 (5).\nmarket value, for part 4 (Compensation)—see section 9.\nmiscellaneous interest, for part 4 (Compensation)—see section 16.\n\nEndnotes\nAbout the endnotes 1\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 41\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 42 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nHealth Infrastructure Enabling Regulation 2023 SL2023-11\nnotified LR 2 June 2023\ns 1, s 2 commenced 2 June 2023 (LA s 75 (1))\nremainder commenced 2 June 2023 (s 2 and see Health Infrastructure\nEnabling Act 2023 A2023-17 s 2)\nas amended by\nHealth Infrastructure Enabling Amendment Regulation 2023 (No 1)\nSL2023-14\nnotified LR 28 June 2023\ns 1, s 2 commenced 28 June 2023 (LA s 75 (1))\nremainder commenced 29 June 2023 (s 2)\n\nEndnotes\nAmendment history 4\nR2\n29/06/23\nHealth Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nPerson not entitled to compensation by more than 1 means\ns 9A ins SL2023-14 s 4\nMatters relevant to working out compensation—Calvary’s interest in the\npublic hospital land\ns 10 am SL2023-14 s 5; pars renum R2 LA\nMatters excluded from compensation—Calvary’s interest in the public\nhospital land\ns 11 om SL2023-14 s 6\nMatters excluded from compensation—security interests\ns 14 om SL2023-14 s 7\nMatters relevant to working out compensation—miscellaneous interests\ns 17 am SL2023-14 s 8\nMatters excluded from compensation—miscellaneous interests\ns 18 om SL2023-14 s 9\nClaims for compensation——generally\ns 20 am SL2023-14 s 10, s 11; ss renum R2 LA\nExpert determination\ns 33 am SL2023-14 s 12\nCourt to ensure just terms\ns 33A ins SL2023-14 s 13\nExcluded public health service—Act, dict, def public health service, par (b)\ns 35 om SL2023-14 s 14\n\nEndnotes\n5 Earlier republications\npage 44 Health Infrastructure Enabling Regulation 2023\nEffective: 29/06/23\nR2\n29/06/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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–\n28 June 2023\nnot amended new regulation\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This regulation appears to be operating within its original intended scope. It implements the Health Infrastructure Enabling Act 2023 by providing detailed operational rules for the specific purpose of transferring Calvary Public Hospital to ACT Government control. The content covers staff transfers, contract novation, land lease amendments, and compensation – all directly related to the original enabling purpose. The amendments made by SL2023-14 (inserting section 9A, section 33A, and modifying compensation provisions) appear to be refinements and clarifications rather than scope expansion."},"complexity_factors":["Extensive cross-referencing to the parent Act (Health Infrastructure Enabling Act 2023) and other legislation including the Public Sector Management Act 1994, Fair Work Act 2009, and Land (Planning and Environment) Act 1991","Multiple defined terms with signpost definitions pointing to different sections (e.g., 'acquisition', 'claim', 'claimant' defined in section 9 for Part 4 only)","Nested conditional logic in staff transfer provisions (section 5) with 5 separate exclusion criteria and multiple deeming provisions","Complex compensation calculation methodology with different rules for three distinct categories: Calvary's land interest (division 4.2), security rights (division 4.3), and miscellaneous interests (division 4.4)","Detailed procedural requirements for claims including time limits (12 months), information requirements, two-stage offer process, and deemed acceptance/rejection mechanisms","Interaction between statutory compensation and constitutional 'just terms' requirements (section 33A)","Schedule 1 contains a full Crown lease document with complex property law concepts including covenants, surrender provisions, and sub-letting restrictions","Multiple interest calculation methods – different rates for security rights vs other acquisitions (sections 31-32)"],"plain_english_summary":"This regulation is the operational rulebook for the ACT Government’s takeover of Calvary Public Hospital in Bruce. It governs transferring staff, contracts, land and assets to the Territory, and sets a detailed, multi-track compensation scheme for Calvary, its lenders and other affected interests.\n\nIt affects Calvary Health Care (which loses control of public hospital property), hospital staff (who may become Territory employees), securityholders, contractors and the ACT community — ensuring service continuity, specified pay/leave treatment for staff, time-limited claims and dispute/interest rules for compensation."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation’s scope was altered by amendment SL2023-14 (see endnote 4). Amendments include insertion of s 9A (preventing double compensation) and s 33A (confirming court jurisdiction to ensure just terms), amendment of compensation-related provisions (e.g. s 10, s 17) and omission of earlier exclusion sections (referenced as ss 11, 14, 18 in the amendment history). Those changes modify how compensation claims, exclusions and dispute oversight operate compared with the regulation’s original text."},"complexity_factors":["Multiple classes of affected interests and claimants (Calvary’s Crown lease interest; securityholders; miscellaneous interests) creating parallel valuation rules (see ss 10, 12, 13, 16–17).","Detailed compensation valuation rules that mix market value, incidental financial advantages, direct costs, and mitigation duties (see s 10(1)(a)–(f) and s 17(1)).","Interactions with secured debt: extinguishment, discharge, repayment liabilities, and option to waive compensation rights (see ss 12, 13, 15, 25–26, 34).","Formal claims process with statutory time limits, documentary content requirements, information requests, staged offers, final-offer mechanics and withdrawal consequences (see ss 20–29, 21(1)).","Interest calculation rules that differ for ordinary acquisitions and security-right acquisitions and reference market bond yields for rates (see ss 31–32, 31(6)).","Contract novation and residual-contract rules that allow the Territory to novate for orderly transition and expose the Territory to post-novation liabilities and third‑party termination rights (see s 7(1)–(9)).","Employee-transfer mechanics: mandatory written offers, recognition of prior and continuous service for leave and entitlements, Territory liability allocation, and exemptions from ordinary public-sector selection rules (see s 5(1)–(7)).","Dispute-resolution regime requiring prompt referral to an independent expert whose determination is final and binding for the Act but reviewable for legal error; parties cannot start court proceedings before expert determination (see s 33).","Crown lease amendment incorporated directly into the regulation via schedule 1, embedding substantive property terms into subordinate legislation (see s 8 and Schedule 1).","Amendment history that has inserted and removed compensation and process provisions, increasing interpretive complexity for affected parties (see Endnote 4 in the regulation)."],"plain_english_summary":"This regulation sets the practical rules for the Territory to take over operation of a public hospital from Calvary: it requires the Territory to offer employment to eligible hospital staff, prescribes the applicable industrial agreements, enables novation or assignment of hospital contracts, amends the Crown lease, and establishes detailed compensation and claims procedures. Mechanically, the Territory pays compensation and assumes contract liabilities, the director‑general administers and decides claims within set timeframes, and dispute resolution uses an expert determination process (with limited court review)."}},"importantCases":[],"_links":{"self":"/api/acts/health-infrastructure-enabling-regulation-2023","history":"/api/acts/health-infrastructure-enabling-regulation-2023/history","analysis":"/api/acts/health-infrastructure-enabling-regulation-2023/analysis","conflicts":"/api/acts/health-infrastructure-enabling-regulation-2023/conflicts","importantCases":"/api/acts/health-infrastructure-enabling-regulation-2023/important-cases","documents":"/api/acts/health-infrastructure-enabling-regulation-2023/documents"}}