Health Infrastructure Enabling Act 2023 (ACT)

The Health Infrastructure Enabling Act 2023 (ACT) transfers legal title, possession rights and many operational assets and powers connected with the Calvary Public Hospital Bruce public hospital from Calvary Health Care ACT Limited (Calvary) to the Territory, on a prescribed acquisition day (default 3 July 2023), and establishes practical, procedural and regulatory scaffolding for the transition of operation to Territory control. The Act effects compulsory acquisition of the Territory’s defined interests in the public hospital land and public hospital assets (ss 7-10). It also creates pre‑acquisition entry and information powers for authorised Territory persons to inspect, survey and take stock of the hospital land and assets (s 11), and a broad statutory information production regime that requires Calvary to deliver records, financials, staff and contractual information (s 12). On the acquisition day the Crown lease is amended so it applies only to a defined private precinct area, the network agreements are terminated, and Calvary must vacate and give the Territory possession and use of public hospital assets (s 14; ss 18-19; schedule 1).

Mechanically, the Act:

defines and fixes the acquisition day (s 7);
causes Calvary’s interest in the public hospital land to vest in the Territory and be freed and discharged from encumbrances (s 8), and causes public hospital assets to vest similarly (s 9) subject to excluded assets (dictionary; s 9(3));
requires acquisition on just terms and empowers regulations to set compensation procedure, time limits and dispute resolution for claims (s 10);
empowers Territory entry and inspection before the acquisition day with notice (s 11) and detailed information requests (s 12);
imposes mutual cooperation and transition planning obligations on Calvary and the Territory, including appointment of senior executives and operational transition plans (s 13);

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health Infrastructure Enabling Act 2023 A2023-17 Republication No 4 Effective: 1 July 2024 Republication date: 1 July 2024 Last amendment made by A2024-2

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Health Infrastructure Enabling Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health Infrastructure Enabling Act 2023 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Purposes of Act 2 6 Application of other territory laws 3 Part 2 Compulsory acquisition of public hospital land and assets 7 Meaning of acquisition day 5 8 Acquisition of public hospital land 5 9 Acquisition of public hospital assets 6 10 Acquisition must be on just terms 6

Contents Page contents 2 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Acquisition and transition of public hospital operations 11 Territory may enter hospital land 9 12 Calvary to provide information 11 13 Calvary and Territory must cooperate to ensure safe and orderly transition etc 13 Part 4 What happens on or after acquisition day Division 4.1 Operation of public hospital 14 Operation of public hospital—generally 16 15 Access to hospital land on and after acquisition day 17 16 Territory may grant Calvary short-term licence to operate public hospital 18 17 Continued access to records relating to public hospital 19 Division 4.2 Amendment of Crown lease 18 Territory must prepare draft deposited plan 20 19 Amendment of the Crown lease etc 21 Part 5 Miscellaneous 20 No repudiation etc of network agreements 22 21 Performance of Calvary’s obligations 23 22 Application of privacy legislation 23 23 References to director-general etc 24 24 Supreme Court may order stay of proceedings under security 24 25 Court order to enforce exercise of powers 25 26 Payments to be good discharge 26 27 Execution of documents for or on behalf of Territory 27 28 Regulation-making power 27

Contents Page R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Private precinct area 28 Dictionary 29 Endnotes 1 About the endnotes 35 2 Abbreviation key 35 3 Legislation history 36 4 Amendment history 36 5 Earlier republications 37

R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health Infrastructure Enabling Act 2023 An Act enabling the acquisition on just terms of land and other property for a public hospital, and for other purposes

Part 1 Preliminary Section 1 page 2 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Health Infrastructure Enabling Act 2023. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘health record—see the Health Records (Privacy and Access) Act 1997, dictionary.’ means that the term ‘health record’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. 5 Purposes of Act The purposes of this Act are to— (a) enable the Territory to acquire the public hospital land for the construction of a public hospital; and (b) enable the transition of the operation of the public hospital to the Territory, including by terminating the network agreements; and (c) provide for the safe and orderly transition of the operation of the public hospital to the Territory, including by— (i) enabling the Territory to acquire the public hospital assets; and

Preliminary Part 1 Section 6 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) providing for the transition of employment of public hospital employees to the Territory; and (iii) providing for the novation and assignment of public hospital contracts to the Territory; and (d) ensure the continued operation of, and maintenance of service delivery standards at, the public hospital during and after the transition; and (e) ensure the Territory can, after the transition, effectively manage its obligations and liabilities in relation to the operation of the public hospital, including liabilities arising in relation to the operation of the public hospital before the transition; and (f) ensure that interests acquired under this Act are acquired on just terms. 6 Application of other territory laws (1) The following territory laws do not apply in relation to anything done under this Act: (a) the Government Agencies (Land Acquisition Reporting) Act 2018; (b) the Government Procurement Act 2001; (c) the Lands Acquisition Act 1994; (d) the Planning and Development Act 2007 (repealed); (e) the Planning Act 2023; (f) any other territory law prescribed by regulation. (2) Despite subsection (1) (d), on and from the acquisition day, the Planning Act 2023 continues to apply to the amended Crown lease.

Part 1 Preliminary Section 6 page 4 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) However, any provision of this Act that applies to the amended Crown lease on and from the acquisition day prevails over any provision of the Planning Act 2023 that applies to the lease to the extent of any inconsistency. (4) A regulation may modify the operation of subsections (2) and (3). (5) The following provisions do not apply to a procurement of goods, services or works by a territory entity necessary for or ancillary to the operation of the public hospital in the 6-month period immediately after the acquisition day: (a) the Government Procurement Act 2001— (i) section 8 (3) to (5) (Value for money); and (ii) part 2B (Secure local jobs code); and (iii) any other provision prescribed by regulation; (b) the Government Procurement Regulation 2007— (i) part 2 (Quotation and tender thresholds and exemptions); and (ii) division 5.1 (Board review of procurements); and (iii) part 4 (Secure local jobs code); and (iv) any other provision prescribed by regulation. (6) In this section: Territory entity—see the Government Procurement Act 2001, section 6.

Compulsory acquisition of public hospital land and assets Part 2 Section 7 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Compulsory acquisition of public hospital land and assets 7 Meaning of acquisition day (1) In this Act: acquisition day means— (a) 3 July 2023 (the default acquisition day); or (b) if the Executive gives notice before the default acquisition day of a day earlier or later than the default acquisition day—the day stated in the notice. (2) A notice is a notifiable instrument. 8 Acquisition of public hospital land (1) On the acquisition day, Calvary’s interest in the public hospital land— (a) vests in the Territory; and (b) is freed and discharged from any trust, restriction, dedication, reservation, obligation, charge, encumbrance, lien, contract, licence, rate or any other interest. (2) Any interest in land, or part of an interest in land, that is divested, extinguished or diminished because of subsection (1) (b) is taken to have been acquired by the Territory under this Act. (3) A regulation may provide for an interest mentioned in subsection (2) to be dealt with in a different way.

Part 2 Compulsory acquisition of public hospital land and assets Section 9 page 6 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Acquisition of public hospital assets (1) On the acquisition day, the public hospital assets— (a) vest in the Territory; and (b) are freed and discharged from any trust, restriction, dedication, reservation, obligation, charge, encumbrance, lien, contract, licence, rate or any other interest. (2) Any interest, or part of an interest, that is divested, extinguished or diminished because of subsection (1) (b) is taken to have been acquired by the Territory under this Act. (3) Subsection (1) does not apply to an interest in an excluded asset. (4) A regulation may provide for an interest mentioned in subsection (2) to be dealt with in a different way. 10 Acquisition must be on just terms (1) The Territory must provide just terms to a person from whom an interest is acquired under this Act. (2) Without limiting subsection (1), just terms for the acquisition includes reasonable compensation for the following: (a) the acquisition of Calvary’s interest in the public hospital land; (b) any security right or other interest in land taken to have been acquired under section 8 (2); (c) the acquisition of the public hospital assets; (d) any security right or other interest in a public hospital asset taken to have been acquired under section 9 (2);

Compulsory acquisition of public hospital land and assets Part 2 Section 10 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) things arising as a consequence of an acquisition mentioned in paragraphs (a) to (d) including the following: (i) the termination of the network agreements under section 14 (1); (ii) the termination of any public hospital contract or other contract because of the operation of this Act; (iii) any redundancy or similar payment payable by Calvary to a public hospital employee because of the operation of this Act; (iv) anything else prescribed by regulation. (3) A regulation may provide for the following matters: (a) how just terms for an interest acquired under this Act are provided; (b) how compensation is worked out; (c) how claims for compensation are made and dealt with; (d) a time limit within which a claim for compensation may be made; (e) information or other things required from a person claiming compensation that is needed to assess their claim and work out any compensation; (f) how any dispute about working out compensation is resolved; (g) how compensation is paid; (h) any other matter relevant to providing just terms to a person from whom an interest is acquired under this Act. (4) A claim for compensation is not maintainable if brought after the end of a time limit made for subsection (3) (d), and the Limitation Act 1985 does not apply to the claim.

Part 2 Compulsory acquisition of public hospital land and assets Section 10 page 8 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) In this section: compensation, for an acquisition of an interest under this Act, includes the following: (a) monetary payment; (b) the transfer or assumption of a loss, liability or expense; (c) the grant of a right, entitlement or benefit; (d) any other beneficial term.

Acquisition and transition of public hospital operations Part 3 Section 11 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Acquisition and transition of public hospital operations 11 Territory may enter hospital land (1) An authorised person may, at any reasonable time before the acquisition day and with reasonable written notice, do any of the following things: (a) enter on the hospital land with any person, vehicle or thing for the purpose of carrying out any necessary or desirable survey, review or other investigation related to the proposed construction by the Territory of a public hospital on the hospital land; (b) make surveys, take levels, dig or bore into the hospital land, examine the soil and do any other thing reasonably necessary for the purpose mentioned in paragraph (a); (c) enter on the hospital land to do anything necessary for section 18 (Territory must prepare draft deposited plan) or section 19 (Amendment of the Crown lease etc); (d) enter any operational or service delivery part of the public hospital to do anything reasonably necessary for a purpose of this Act, including any of the following: (i) undertake an inspection or stocktake of public hospital assets; (ii) assess the Territory’s requirements for maintaining and operating facilities and public hospital assets after the acquisition day; (iii) assess the Territory’s requirements for complying with all licences and authorisations required by law to operate the public hospital after the acquisition day;

Part 3 Acquisition and transition of public hospital operations Section 11 page 10 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iv) assess the Territory’s requirements for operating, and maintaining service delivery standards at, the public hospital after the acquisition day; (e) enter on the hospital land to do any other thing reasonably necessary to prepare for or give effect to a purpose of this Act or to otherwise exercise a function under this Act; (f) any other thing prescribed by regulation. (2) If requested by an authorised person, Calvary must give the authorised person any assistance reasonably necessary for the authorised person to exercise a function under subsection (1). (3) Without limiting subsection (2), Calvary must: (a) give an authorised person access to secured areas in the public hospital; and (b) show an authorised person where records, equipment and other assets in relation to the public hospital are kept on the hospital land. (4) In entering the hospital land under this section, the Territory must minimise any interference with Calvary’s use of the land to the extent reasonably practicable. (5) In this section: authorised person means a person authorised in writing by the director-general to exercise a function under this section.

Acquisition and transition of public hospital operations Part 3 Section 12 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Calvary to provide information (1) For a purpose of this Act, the director-general may request Calvary provide documents or other information about any of the following: (a) public patient health records; (b) stock in trade and inventory of the public hospital; (c) fixed and non-fixed assets of the public hospital including asset maintenance records and condition reports; (d) trade debts and other receivables owed in relation to the public hospital; (e) suppliers of goods and services in relation to the public hospital; (f) subleases, underleases, licences, easements, rights of way and any other occupancy rights or arrangements in relation to the public hospital land; (g) accounting and financial records in relation to the operation of the public hospital; (h) public hospital employees including employment records and payroll information; (i) public hospital contracts; (j) any trust funds for the public hospital including details about the specific purpose for which the funds are held or the trusts established; (k) any existing or pending investigation, proceeding (whether civil or criminal) or remedy in relation to a right, privilege or liability under a law applying in the ACT in relation to the public hospital;

Part 3 Acquisition and transition of public hospital operations Section 12 page 12 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (l) details about any existing security over the hospital land, public hospital assets or other property in relation to the public hospital including— (i) contact details of the securityholder; and (ii) the total amount of debt secured by the security and details of any other security instrument which secures that debt; (m) details of any other personal property security interest in relation to the public hospital or the arrangements to which they relate, including contact details of the security interest holder; (n) intellectual property relating to the operation of the public hospital, including any intellectual property created under a network agreement; (o) public hospital administration records, including any reports, audited materials, regulatory matters, maintenance and operational records; (p) any other matter relevant to a purpose of this Act; (q) anything else prescribed by regulation. (2) A request— (a) must be in writing; and (b) must state a reasonable period within which the information is to be provided; and (c) may state a reasonable format or way in which the information is to be provided. (3) Calvary must— (a) comply with the request within the stated period; and (b) provide the information in any stated format or way.

Acquisition and transition of public hospital operations Part 3 Section 13 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) For a purpose of this Act, the director-general may give any information, including a public patient health record, provided to them by Calvary under this section to a Territory employee or contractor. 13 Calvary and Territory must cooperate to ensure safe and orderly transition etc (1) Calvary and the Territory must act in good faith, cooperate and do all other things reasonably necessary to ensure— (a) the safe and orderly transition of the operation of the public hospital to the Territory; and (b) the continued operation of, and maintenance of service delivery standards at, the public hospital. (2) Without limiting subsection (1), Calvary must— (a) appoint a senior executive to— (i) be the contact person for operational matters relating to the transition of the operation of the public hospital to the Territory; and (ii) coordinate Calvary’s role in the transition of the operation of the public hospital to the Territory; and (b) cooperate with the Territory to develop a transition plan for the transfer of the operation of the public hospital and ensure its employees, officers and contractors comply with the plan; and (c) provide all reasonable assistance to enable the Territory to obtain all licences and authorisations required by law to operate the public hospital; and (d) provide reasonable access to any records management information technology systems used for public patient health records, employee and payroll records, financial records and other operations management records; and

Part 3 Acquisition and transition of public hospital operations Section 13 page 14 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) ensure its employees and officers provide all reasonable assistance to the Territory to assist in the transition of the operation of the public hospital to the Territory and ensure there is sufficient staffing to do so; and (f) ensure all maintenance and repair of public hospital facilities and public hospital assets continues until the acquisition day; and (g) comply with all requirements under this Act as soon as is reasonably practicable; and (h) provide reasonable assistance to the Territory to enable the Territory to comply with its obligations under this Act; and (i) not do anything that hinders, obstructs or delays the transition of the operation of the public hospital to the Territory; and (j) promptly notify the Territory of any matter of which it is aware may hinder, obstruct or delay the transition of the operation of the public hospital to the Territory; and (k) do anything else prescribed by regulation. (3) Without limiting subsection (1), the Territory must— (a) appoint a senior executive to— (i) be the contact person for operational matters relating to the transition of the operation of the public hospital to the Territory; and (ii) coordinate the Territory’s role in the transition of the operation of the public hospital to the Territory; and (b) cooperate with Calvary to develop a transition plan for the transfer of the operation of the public hospital and ensure its employees and contractors comply with the plan; and

Acquisition and transition of public hospital operations Part 3 Section 13 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) ensure that any disruption to Calvary’s operation of facilities on the private hospital land caused by the transition of the operation of the public hospital to the Territory is minimised to the extent reasonably practicable; and (d) comply with all requirements under this Act as soon as is reasonably practicable; and (e) provide reasonable assistance to Calvary to enable Calvary to comply with its obligations under this Act; and (f) not do anything that hinders, obstructs or delays Calvary in complying with its obligations under this Act; and (g) on request by Calvary, provide Calvary with any reasonable assistance to enable Calvary to comply with its obligations under this Act; and (h) promptly notify Calvary of any matter of which it is aware may hinder, obstruct or delay the transition of the operation of the public hospital to the Territory; and (i) do anything else prescribed by regulation.

Part 4 What happens on or after acquisition day Division 4.1 Operation of public hospital Section 14 page 16 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 What happens on or after acquisition day Division 4.1 Operation of public hospital 14 Operation of public hospital—generally (1) On the acquisition day— (a) the Crown lease for the hospital land is amended under section 19; and (b) the network agreements are terminated; and (c) Calvary must— (i) vacate the public hospital land; and (ii) allow the Territory to enter the public hospital land; and (iii) allow the Territory to use all public hospital assets; and (iv) allow the Territory to perform any activity necessary for the continued operation of the public hospital; and (v) execute all documents necessary to give effect to a purpose of this Act; and (vi) do all other things reasonably necessary to ensure— (A) the safe and orderly transition of the operation of the public hospital to the Territory; and (B) the continued operation of, and maintenance of service delivery standards at, the public hospital. (2) A regulation may provide for the following matters: (a) the offer of employment by the Territory to public hospital employees and employment by the Territory of those employees and related matters;

What happens on or after acquisition day Part 4 Operation of public hospital Division 4.1 Section 15 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the disapplication of provisions of the Public Sector Management Act 1994 for paragraph (a); (c) for public hospital contracts— (i) the novation or assignment of the contracts to the Territory; and (ii) other arrangements in relation to the contracts, including renegotiation by the Territory of existing contractual arrangements with other parties to the contracts; (d) arrangements with parties to charges or other security interests, including renegotiation by the Territory of existing arrangements; (e) the transfer, retention and storage of public patient health records, employment and other records of the public hospital; (f) any other thing reasonably necessary to ensure— (i) the safe and orderly transition of the operation of the public hospital to the Territory; and (ii) the continued operation of, and maintenance of service delivery standards at, the public hospital. 15 Access to hospital land on and after acquisition day (1) On the acquisition day— (a) the Territory grants Calvary a licence to enter on the public hospital land and do all things reasonably necessary— (i) to allow Calvary to comply with its obligations under this Act; and (ii) to do any other thing reasonably required to ensure the continued operation of facilities on the private hospital land; and (iii) for any other reason prescribed by regulation; and

Part 4 What happens on or after acquisition day Division 4.1 Operation of public hospital Section 16 page 18 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) Calvary grants the Territory a licence to enter on the private hospital land— (i) to allow the Territory to comply with its obligations under this Act; and (ii) to do anything mentioned in section 11; and (iii) to do any other thing reasonably required to ensure— (A) the safe and orderly transition of the operation of the public hospital to the Territory; and (B) the continued operation of, and maintenance of service delivery standards at, the public hospital; and (iv) for any other reason prescribed by regulation. (2) The Public Unleased Land Act 2013 does not apply to the grant of a licence by the Territory under this section except that the licence is taken to be a licence for that Act, section 43 (4) (Offence—use public unleased land without permit). (3) In entering land under a licence granted under this section, the Territory and Calvary, must minimise any interference with the other party’s use of the land to the extent reasonably practicable. (4) This section expires on the day declared by the Minister. (5) A declaration under subsection (4) is a notifiable instrument. 16 Territory may grant Calvary short-term licence to operate public hospital (1) The Territory may grant Calvary a licence to operate the public hospital on and from the acquisition day to ensure the continued operation of, and maintenance of service delivery standards at, the public hospital while the matters required to be done under this part are done. (2) The terms of the licence are as agreed by the Territory and Calvary.

What happens on or after acquisition day Part 4 Operation of public hospital Division 4.1 Section 17 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The Public Unleased Land Act 2013 does not apply to the grant of a licence by the Territory under this section except that the licence is taken to be a licence for that Act, section 43 (4) (Offence—use public unleased land without permit). 17 Continued access to records relating to public hospital (1) The director-general may at any time after the acquisition day request that Calvary— (a) provide documents and other information reasonably required by the Territory in relation to the following: (i) any past, current or future investigation, proceeding (whether civil or criminal) or remedy in relation to a right, privilege or liability under a law applying in the ACT in relation to the operation of the public hospital before the acquisition day; (ii) the employment of public hospital employees before the acquisition day including in relation to their rights and entitlements; (iii) any other thing prescribed by regulation; and (b) do anything reasonably required in relation to the storage and retention of information mentioned in paragraph (a) including storing the information in a stated electronic form. Note Nothing in this section limits any obligation Calvary or a related corporation would otherwise have under a territory privacy law (see s 22). (2) A request— (a) must be in writing; and (b) must state a reasonable period within which the request must be complied with; and

Part 4 What happens on or after acquisition day Division 4.2 Amendment of Crown lease Section 18 page 20 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) may state a reasonable format or way in which the information is to be provided, stored or retained. (3) Calvary must— (a) comply with the request within the stated period; and (b) provide, store or retain the information in any stated format or way. Division 4.2 Amendment of Crown lease 18 Territory must prepare draft deposited plan (1) The Territory must prepare a draft deposited plan describing— (a) the land to be the subject of the amended Crown lease, which— (i) substantially corresponds to the area identified as the ‘PRIVATE PRECINCT AREA’ in the plan in schedule 1; or (ii) corresponds to any other area in the hospital land agreed in writing by the Territory and Calvary; and (b) any easement or right of way the Territory decides is appropriate to allow Calvary to access the land the subject of the amended Crown lease; and (c) any other thing prescribed by regulation. (2) In this section: draft deposited plan means a plan in a form that is registerable under the Districts Act 2002, section 7 (Deposited plans).

What happens on or after acquisition day Part 4 Amendment of Crown lease Division 4.2 Section 19 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Amendment of the Crown lease etc (1) On the acquisition day, the Crown lease is amended— (a) to only apply to the private hospital land; and (b) in any other way prescribed by regulation. (2) The registrar-general must, as soon as is practicable after the acquisition day record the amendments on the register under the Land Titles Act 1925. (3) The Territory must— (a) prepare an instrument for any easement or right of way noted in the draft deposited plan prepared under section 18 (1) (b); and (b) take all reasonable steps to ensure the draft deposited plan and the instrument mentioned in paragraph (a) are registered under the Land Titles Act 1925.

Part 5 Miscellaneous Section 20 page 22 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 20 No repudiation etc of network agreements (1) None of the following constitutes a repudiation or breach of a network agreement: (a) the development or preparation of the Bill for this Act, or government or Cabinet consideration of policy carried out in developing or preparing the Bill; (b) the presentation of the Bill in, and agreement to the Bill by, the Legislative Assembly, or any processes associated with the passage of the Bill through the Legislative Assembly; (c) the making, notification or commencement of this Act; (d) any act done in accordance with this Act; (e) anything done by the Territory to give Calvary notice (whether in writing or orally) of the Territory’s intention to do a thing mentioned in paragraphs (a) to (d); (f) any other communication between the Territory and Calvary before the commencement of this Act about a matter mentioned in paragraphs (a) to (e). (2) Calvary or a related corporation may not bring any claim against the Territory for repudiation or breach of a network agreement, and is not entitled to any compensation or remedy for repudiation or breach of a network agreement, because of an event or matter mentioned in subsection (1). (3) Subsection (2) does not limit any right a person may have to compensation for an acquisition under section 10 (Acquisition must be on just terms).

Miscellaneous Part 5 Section 21 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21 Performance of Calvary’s obligations (1) This section applies if— (a) this Act requires Calvary to do, or not do, a thing; and (b) Calvary fails to comply with the requirement, including because Calvary does not have or cannot access the resources required to do so. Note Fail includes refuse (see Legislation Act, dict). (2) A related corporation of Calvary nominated in writing by the Territory must comply with the requirement or ensure another related corporation does so. 22 Application of privacy legislation (1) This section applies in relation to either of the following information Calvary is required to give to the Territory under this Act (the transferred information): (a) a public patient health record; (b) personal information of a public hospital employee or other person. (2) None of the following constitutes a breach of a territory privacy law: (a) Calvary or a related corporation providing the transferred information; (b) the Territory receiving the transferred information; (c) the Territory keeping the transferred information; (d) the Territory using the transferred information for a purpose of this Act.

Part 5 Miscellaneous Section 23 page 24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Nothing in this section limits any obligation Calvary, a related corporation or the Territory would otherwise have under a territory privacy law in relation to the use, disclosure and security of the transferred information. (4) In this section: territory privacy law means— (a) the Health Records (Privacy and Access) Act 1997; and (b) the Information Privacy Act 2014. 23 References to director-general etc (1) A reference to the director-general in this Act means the director-general of the administrative unit responsible for matters generally under the Health Act 1993. (2) The director-general may delegate a function under this Act to— (a) the director-general responsible for Canberra Health Services; or (b) another public servant. 24 Supreme Court may order stay of proceedings under security (1) This section applies if— (a) an interest acquired under this Act is, immediately before the acquisition day, subject to a security and the securityholder— (i) commences a proceeding and the proceeding was pending on the acquisition day; or (ii) commences, or proposes to commence, a proceeding on or after the acquisition day and before compensation has been paid in full in relation to the acquisition; or

Miscellaneous Part 5 Section 25 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) Calvary or a related corporation has granted a security over property which is not acquired under this Act and, as a direct consequence of the operation of this Act, the securityholder— (i) commences a proceeding and the proceeding was pending on the acquisition day; or (ii) commences, or proposes to commence, a proceeding on or after the acquisition day and before compensation has been paid in full in relation to the relevant acquisition under this Act. (2) The Supreme Court may, on application by Calvary or a related corporation and subject to any condition it considers appropriate— (a) order a stay of the proceeding or enjoin the securityholder against commencing or continuing the proceeding; and (b) make any other order it considers appropriate. (3) In this section: proceeding, by a securityholder, means any action to enforce the rights of the securityholder under the security, whether or not the proceeding is in a court, including action with a view to taking possession of or selling an interest or foreclosing. 25 Court order to enforce exercise of powers (1) This section applies if— (a) a person hinders or obstructs or intends to hinder or obstruct an authorised person in the exercise of a function under section 11; or (b) Calvary does not comply with a requirement under— (i) section 11 (Territory may enter hospital land); or (ii) section 12 (Calvary to provide information); or

Part 5 Miscellaneous Section 26 page 26 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) section 13 (Calvary and Territory must cooperate to ensure safe and orderly transition etc); or (iv) section 14 (Operation of public hospital—generally); or (v) section 17 (3) (Continued access to records relating to public hospital). (2) The Magistrates Court may, on application by the director-general, make an order— (a) authorising a police officer or other stated person to provide assistance or use force as is reasonably necessary to allow an authorised person to exercise their power under section 11; or (b) requiring Calvary, or a related corporation nominated under section 21 (2), to comply with a requirement mentioned in subsection (1) (b). (3) The director-general must give a copy of an application under subsection (2) to Calvary or the related corporation. (4) Calvary or the related corporation is entitled to appear and be heard on the hearing of the application. (5) In this section: authorised person—see section 11 (5). 26 Payments to be good discharge Any payment made by or on behalf of the Territory to a person under this Act is good and valid discharge to the Territory and the Territory is not bound to see to the application of any money paid or to the performance of any trust.

Miscellaneous Part 5 Section 27 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27 Execution of documents for or on behalf of Territory The territory planning authority may execute any instrument or other document, for and on behalf of the Territory, relating to an acquisition of land under this Act. 28 Regulation-making power (1) The Executive may make regulations for this Act. Note Power to make a regulation includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48). (2) A regulation may commence on its notification day.

Schedule 1 Private precinct area page 28 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Private precinct area (see 18 (1) (a))

Dictionary R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note The Legislation Act contains definitions relevant to this Act. For example: • Corporations Act • director-general (see s 163) • document • Executive • public servant • registrar-general • territory law. acquisition day—see section 7. amended Crown lease means the Crown lease as amended under section 19. Calvary means Calvary Health Care ACT Limited (ACN 105 304 989). Crown lease means the Crown lease over the hospital land. director-general—see section 23 (1). excluded asset means— (a) any asset used only in, or only purchased for, the private hospital; and (b) any non-fixed asset of religious or cultural significance to Calvary or a related corporation, as agreed in writing by the Territory; and (c) any loan receivables between Calvary and a related corporation; and

Dictionary page 30 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) any special purpose fund or trust fund for the public hospital held by Calvary or a related corporation the terms of which only Calvary or a related corporation can fulfil; and (e) any other thing prescribed by regulation. health record—see the Health Records (Privacy and Access) Act 1997, dictionary. hospital land means Block 1 Section 1 Division of Bruce. interest, in the public hospital land or a public hospital asset— (a) means— (i) the legal or equitable estate or interest in the public hospital land or a public hospital asset; and (ii) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with, the public hospital land or a public hospital asset or an interest in the public hospital land or a public hospital asset; and (b) includes— (i) an interest of the Territory, a State or another Territory in the public hospital land or a public hospital asset; and (ii) an interest that did not previously exist in relation to the public hospital land or a public hospital asset; and (iii) a restriction on the use of the public hospital land or a public hospital asset, whether or not annexed to the public hospital land or public hospital asset; but (c) does not include an interest excluded by regulation.

Dictionary R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au network agreement— (a) means each of the following: (i) the agreement between the Territory and Calvary dated 7 December 2011 in relation to the operation of the public hospital on the hospital land; (ii) the precinct deed; (iii) if the provisions of the new public hospital agreement applies because of clause 32 of the network agreement— the agreement constituted by those provisions; (iv) any other agreement (not including a public hospital contract) related to the operation of the public hospital prescribed by regulation; but (b) does not include an agreement excluded by regulation. operation, of the public hospital, includes a public health service. patient, of the public hospital, means a consumer as defined in the Health Records (Privacy and Access) Act 1997, dictionary. precinct deed means the Bruce Health Care Precinct Deed between the Territory and Calvary dated on or about 7 December 2011. private hospital means the private health care facilities (including Hyson Green and Calvary Clinic) operated on the hospital land by Calvary or a related corporation. private hospital land means the land identified as the private hospital land in the draft deposited plan prepared under section 18. public health service— (a) means a public health service provided by public hospital employees at places other than the public hospital; but (b) does not include a thing excluded by regulation. public hospital means the public hospital located on the hospital land known as Calvary Public Hospital Bruce.

Dictionary page 32 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au public hospital assets— (a) means the following: (i) the fixed and non-fixed assets of the public hospital nominated by the Territory in writing; (ii) the public hospital stock; (iii) the motor vehicles used for the public hospital or a public health service nominated by the Territory in writing; (iv) any special purpose fund or trust fund for the public hospital held by Calvary or a related corporation the terms of which only the Territory can fulfil; (v) any asset purchased for the public hospital or a public health service before the acquisition day; (vi) any other thing prescribed by regulation; but (b) does not include— (i) an excluded asset; or (ii) a public hospital contract; (iii) any other thing excluded by regulation. public hospital contract— (a) means a contract (not including a network agreement) to which Calvary or a related corporation is a party necessary for or ancillary to the operation of the public hospital or a public health service; and (b) includes a contract (not including a network agreement) prescribed by regulation.

Dictionary R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au public hospital employee— (a) means a person employed by Calvary or a related corporation solely or substantially for the purpose of providing services in or to the public hospital or a public health service and includes the following: (i) a person employed under the Public Sector Management Act 1994; (ii) a person employed under an industrial agreement prescribed by regulation; and (b) includes any other person prescribed by regulation; but (c) does not include a person excluded by regulation. public hospital land means that part of the hospital land that is not private hospital land. public hospital stock means stock in trade and inventory of the public hospital and all other items held for sale or use in the ordinary course of the operation of the public hospital as at the acquisition day and includes items which are— (a) held by or on behalf of Calvary or a related corporation; and (b) in transit to Calvary or a related corporation; and (c) on consignment with a customer or any other person. public patient health records means a health record for a current or past patient of the public hospital or a public health service. purpose of this Act means a purpose mentioned in section 5. related corporation, of another corporation, means a related body corporate, associate or related entity under the Corporations Act.

Dictionary page 34 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au security— (a) means security over an interest in land or other property securing the payment or repayment of money; and (b) includes a mortgage. securityholder, in relation to a security, means the person who is or was entitled to receive payment or repayment of the money secured by the security, or any agent or security trustee on their behalf. security right means the interest in the land or other property of a securityholder under a security.

Endnotes About the endnotes 1 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 36 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 R4 01/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Health Infrastructure Enabling Act 2023 A2023-17 notified LR 2 June 2023 s 1, s 2 commenced 2 June 2023 (LA s 75 (1)) sch 2 pt 2.1, pt 2.3, pt 2.4 commenced 3 July 2023 (s 2 (and see s 7 (1) (a)) sch 2 pt 2.2 commenced 27 November 2023 (s 2 (3) and see Planning Act 2023 A2023-18, s 2 and CN2023-10) remainder commenced 2 June 2023 (s 2 (1)) as amended by Government Procurement Amendment Act 2024 A2024-2 sch 1 notified LR 19 February 2024 s 1, s 2 commenced 19 February 2024 (LA s 75 (1)) sch 1 commenced 1 July 2024 (s 2) 4 Amendment history Commencement s 2 om R3 (LA s 89 (4)) Application of other territory laws s 6 am A2023-17 amdt 2.6, amdt 2.7; pars renum R3 LA; A2024-2 amdts 1.1-1.3 Access to hospital land on and after acquisition day s 15 exp on the day declared by the Minister (s 15 (4)) Execution of documents for or on behalf of Territory s 27 am A2023-17 amdt 2.8 Repeal and consequential amendments pt 6 hdg om R3 (LA s 89 (3)) Legislation repealed s 29 om R3 (LA s 89 (3)) Legislation amended—sch 2 s 30 om R3 (LA s 89 (3)) Consequential amendments sch 2 hdg om R3 (LA s 89 (3)) Health Act 1993 sch 2 pt 2.1 om R2 (LA s 89 (3))

Endnotes Earlier republications 5 R4 01/07/24 Health Infrastructure Enabling Act 2023 Effective: 01/07/24 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Health Infrastructure Enabling Act 2023 sch 2 pt 2.2 om R3 (LA s 89 (3)) Medicines, Poisons and Therapeutic Goods Regulation 2008 sch 2 pt 2.3 om R2 (LA s 89 (3)) Public Sector Management Act 1994 sch 2 pt 2.4 om R2 (LA s 89 (3)) 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 2 June 2023 2 June 2023– 2 July 2023 not amended new Act R2 3 July 2023 3 July 2023– 26 Nov 2023 not amended commenced provisions R3 27 Nov 2023 27 Nov 2023– 30 June 2024 A2023-17 commenced provisions and amendments by A2023-17 © Australian Capital Territory 2024

The statute builds on a small number of tightly defined legal concepts. Central definitions are in the dictionary (s 3; dictionary). Key concept clusters are:

Acquisition day (s 7): a statutory trigger date that defaults to 3 July 2023 but can be varied by Executive notice before that day. The notice is a notifiable instrument (s 7(2)), giving the Executive unilateral scheduling control prior to the default date.
Public hospital land and public hospital assets (dictionary; ss 8-9): the Act distinguishes public hospital land (the part of Block 1 Section 1 Division of Bruce that is not private hospital land) from private hospital land (to be defined by a draft deposited plan under s 18). Public hospital assets are expressly listed categories of fixed and non‑fixed assets, stock, motor vehicles nominated by the Territory, funds or trusts for the public hospital and items purchased for the public hospital before acquisition day (dictionary; s 9(1)). Excluded assets are carved out,items used only by the private hospital, certain cultural/religious non‑fixed assets (if agreed), loan receivables between Calvary and related corporations, and special purpose trusts that only Calvary can fulfil, among other possible regulation‑made exclusions (dictionary; s 9(3)).
Vesting and extinguishment (ss 8-9): on acquisition day Calvary’s interest in the public hospital land and the public hospital assets vests in the Territory and those interests are freed and discharged from trusts, encumbrances, charges, liens and other interests. Any interest thereby divested is "taken to have been acquired" by the Territory under the Act (ss 8(1)-(2); 9(1)-(2)). Regulations may provide different treatment for those interests (ss 8(3), 9(4)).
Just terms and compensation (s 10): the Territory must provide just terms. The section expressly lists categories for which reasonable compensation is included: acquisition of land and assets, security rights taken, termination consequences (including termination of network agreements), termination of public hospital contracts, redundancy payments payable by Calvary because of the Act, and other things prescribed by regulation (s 10(2)). The Executive may regulate claims process, calculation methods, time limits and dispute resolution and the Limitation Act 1985 is stated not to apply to claims where a regulatory time limit is set (s 10(3)-(4)).
Network agreements (dictionary; s 14; s 20): "network agreement" is a defined class comprising the agreement between the Territory and Calvary dated 7 December 2011, the precinct deed, the "new public hospital agreement" if applicable under clause 32 of the network agreement, and any other agreement related to operation prescribed by regulation (dictionary). Network agreements are terminated on acquisition day (s 14(1)(b)). Section 20 protects the Territory against repudiation or breach claims arising from pre‑legislative acts, presentation and passage of the Bill, or anything done under the Act; Calvary and related corporations may not bring claims for repudiation or breach for the matters listed in s 20(1), subject to reservation of compensation under s 10.
Transition governance (ss 11-17): authorisations, notice and reasonable time limits govern pre‑acquisition entry and inspections (s 11). Calvary must provide a broad set of records and information on request by the director‑general (s 12). Both parties must act in good faith, appoint senior transition executives, develop transition plans, maintain staffing and maintenance until acquisition day, and provide assistance to obtain licences and authorisations required to operate post‑acquisition (s 13). On acquisition day the Act requires Calvary to vacate, allow Territory entry and use, execute documents, and do other things to ensure safe and orderly transition and maintenance of service delivery standards (s 14(1)(c)). The Territory must prepare a draft deposited plan for the private precinct area and take steps to amend and register the Crown lease to the private hospital land (ss 18-19).
Privacy carve‑outs and limits (s 22): the Act deems the transfer, reception, storage and use of transferred public patient health records and personal information of public hospital employees for a purpose of the Act not to be a breach of the Health Records (Privacy and Access) Act 1997 or the Information Privacy Act 2014 (s 22(2)). The section expressly does not limit any other obligations that otherwise apply under territory privacy law (s 22(3)). The director‑general may share information provided by Calvary with Territory employees or contractors (s 12(4)).
Enforcement and dispute tools (ss 24-26): the Supreme Court may stay or enjoin securityholder proceedings in certain circumstances (s 24). The Magistrates Court may order police or other persons to assist authorised persons, including use of reasonable force, and may require Calvary or a nominated related corporation to comply with statutory requirements (s 25). Payments made by or on behalf of the Territory under the Act are a good discharge and the Territory is not bound to see to the application of funds (s 26).
Regulatory scope and primacy (s 6; s 28): the Act disapplies several Territory laws to anything done under the Act, specifically the Government Agencies (Land Acquisition Reporting) Act 2018, Government Procurement Act 2001, the Lands Acquisition Act 1994, and the Planning Act 2023 among others, but preserves Planning Act 2023 application to the amended Crown lease on and from acquisition day while saying provisions of this Act prevail over inconsistent provisions of the Planning Act to the extent of the inconsistency (s 6(1)-(3)). The Executive may make regulations for the Act (s 28), and regulations may commence on their notification day (s 28(2)).

These concepts govern the legal architecture by which the Territory acquires legal rights, secures operational continuity and creates transitional obligations; the scheme relies on later‑made regulations for detailed processes and time limits and gives the Executive and the director‑general substantial procedural discretion.

The Act identifies a small set of immediate stakeholders and several broader affected groups. The primary affected parties are the Territory (the Executive and director‑general), Calvary Health Care ACT Limited and its related corporations, public hospital employees, patients and their records, securityholders and other creditors, contractors and suppliers to the public hospital, and holders of interests (legal, equitable, contractual, regulatory) over the hospital land and assets.

Calvary and related corporations: Calvary is the named transferor (dictionary). It will have its legal and equitable interest in the public hospital land and public hospital assets vested out of it into the Territory on acquisition day (ss 8-9). The Act obliges Calvary to provide detailed information (s 12), to cooperate and appoint a senior executive for transition coordination (s 13(2)(a)), to maintain staffing and maintenance until acquisition day (s 13(2)(e)-(f)), and on acquisition day to vacate and permit Territory access and use of assets, execute necessary documents and otherwise assist with transition (s 14(1)(c)). Calvary loses the contractual operation rights formerly held under network agreements which will be terminated on acquisition day (s 14(1)(b)), but it retains rights to compensation for acquisition on just terms (s 10). Section 20 eliminates Calvary’s right to bring claims for repudiation or breach of network agreements based on legislative action, but not claims for acquisition compensation under s 10.
Public hospital employees: Defined in the dictionary, a public hospital employee is a person employed by Calvary or a related corporation solely or substantially to provide services in or to the public hospital; the definition expressly includes persons employed under the Public Sector Management Act 1994 and persons under prescribed industrial agreements (dictionary). The Act provides for transition of employment (s 5(c)(ii)) and allows regulations to address offers of employment by the Territory and the disapplication of provisions of the Public Sector Management Act 1994 for that purpose (s 14(2)(a)-(b)). Calvary must provide employment records and payroll information on request (s 12(1)(h)). The Territory can make requests after acquisition day for information about employment arrangements before acquisition (s 17(1)(a)(ii)).
Patients and their records: Public patient health records are explicitly covered by the production and transfer powers (s 12(1)(a); s 17). Section 22 deems transmission, receipt, storage and use of transferred public patient health records and employee personal information for purposes of the Act not to be a breach of the Health Records (Privacy and Access) Act 1997 or the Information Privacy Act 2014, while preserving other privacy obligations (s 22(2)-(3)). The director‑general may provide patient records supplied by Calvary to Territory employees or contractors (s 12(4)).
Securityholders, creditors and third‑party interest holders: Interests in land and assets are taken to have been acquired by the Territory and freed from encumbrances (ss 8(1)(b)-(2); 9(1)(b)-(2)), and compensation is payable on just terms (s 10). Securityholders may be affected because encumbrances are extinguished by the vesting; s 24 provides a pathway to the Supreme Court for a stay of enforcement proceedings by securityholders in specified situations, for example where proceedings were pending on acquisition day or commenced before compensation is fully paid (s 24(1)-(2)). The Act also contemplates that the Territory may renegotiate arrangements with parties to charges or security interests (s 14(2)(d)).
Suppliers, contractors and third parties under public hospital contracts: The Act contemplates novation or assignment of public hospital contracts to the Territory, and possible renegotiation of existing contractual arrangements after novation (s 14(2)(c)). Calvary must provide details of suppliers and contracts on request (s 12(1)(e),(i)). Public hospital contracts are excluded from the definition of public hospital assets, and their treatment is left to the transition provisions and regulations (dictionary; s 9(b)).
The private hospital operator and private hospital interests on the hospital land: The Act distinguishes private hospital land from public hospital land and requires the Territory to prepare a draft deposited plan describing land to be the subject of the amended Crown lease, which corresponds to the "PRIVATE PRECINCT AREA" in schedule 1 or another area agreed in writing by the Territory and Calvary (s 18(1)(a)). On acquisition day the Crown lease is amended to apply only to private hospital land and the registrar‑general must record the amendments (s 19(1)-(2)). The Territory grants Calvary a licence to enter public hospital land after acquisition day to enable Calvary to comply with its statutory obligations and to operate private facilities (s 15(1)(a)); conversely Calvary grants the Territory a licence to enter private hospital land for transition purposes (s 15(1)(b)). Excluded assets include assets used only for the private hospital and special purpose trust funds that only Calvary can fulfil, ensuring some private interests remain with Calvary (dictionary).
Territory agencies and employees: The director‑general of the administrative unit responsible for matters under the Health Act 1993 is the operational statutory decision maker under many provisions (s 23(1)). The director‑general may delegate functions (s 23(2)). The Territory must prepare the draft deposited plan, register amended leases and prepare instruments for easements and rights of way (s 18-19). The Executive may give notice changing acquisition day (s 7) and make regulations that can modify the relationship with other Territory laws (s 6(4), s 28).

Broadly, the Act transfers costs of holding and operating the public hospital to the Territory, triggers administrative duties for information production and record retention primarily on Calvary, and places transactional and registration responsibilities on the Territory. Securityholders and contract counterparties are affected through extinguishment and statutory acquisition mechanisms but retain the ability to seek compensation under the Act and to apply to courts under the limited processes the Act provides.

The Act allocates discrete duties and rights to the Territory, Calvary, third parties and courts.

Territory duties and powers:

Executive scheduling: the Executive may determine an acquisition day earlier or later than the default (s 7(1)(b)); the notice is notifiable (s 7(2)).
Entry and inspection powers: authorised persons (authorised in writing by the director‑general) may enter hospital land before acquisition day for surveys, investigations, inspections of secured areas, stocktakes, asset assessments and other preparation functions (s 11(1)); the Territory must give reasonable written notice and act at reasonable times, and must minimise interference with Calvary’s use where reasonably practicable (s 11(1), (4)).
Information requests and sharing: the director‑general may request and receive documents and information about patient records, assets, inventory, debts, suppliers, leases, contracts, employees, trust funds, security details and other matters (s 12(1)-(3)); the director‑general may give information received to Territory employees or contractors (s 12(4)).
Vesting and amendment: on acquisition day the Territory becomes the owner of Calvary’s interest in the public hospital land and assets (ss 8-9); the Territory must prepare the draft deposited plan for the private precinct and instruments for easements and take steps to register the amended Crown lease (ss 18-19).
Payment of just terms: the Territory must provide just terms for acquisitions (s 10); regulations may set compensation procedure (s 10(3)).
Grant licences: after acquisition day the Territory grants Calvary a licence to enter public hospital land for specified purposes and may permit Calvary to operate the public hospital short term under a licence whose terms are agreed (ss 15-16).
Enforcement and registration: the Territory must cause registrar‑general to record Crown lease amendments (s 19(2)); the Territory can apply to courts for enforcement assistance (s 25) and must act in good faith in the transition (s 13(3)).

Calvary duties and rights:

Provide access and assistance: Calvary must give assistance to authorised persons and provide access to secured areas, show where records and equipment are kept (s 11(2)-(3)).
Provide information and records: Calvary must comply with written requests for documents and information within a stated reasonable period and format (s 12(2)-(3)). After acquisition day, Calvary must continue to provide information about past investigations or proceedings and employment matters and assist with storage and retention (s 17).
Cooperate on transition: Calvary must act in good faith, appoint a senior executive to coordinate transition matters, cooperate on a transition plan, provide reasonable access to records management IT systems, ensure staff cooperation and maintain maintenance and repairs until acquisition day (s 13(1)-(2)(a),(d)-(f)).
Vacate and execute documents: on acquisition day Calvary must vacate the public hospital land, allow Territory entry and use of assets, perform activities necessary for continued operation, execute necessary documents and do other things to ensure safe and orderly transition and maintenance of standards (s 14(1)(c)).
Compensation rights: Calvary (and other persons from whom an interest is acquired) is entitled to just terms compensation under s 10 for acquired interests, for security rights, and for losses arising as a consequence of acquisition such as termination of network agreements and redundancy payments (s 10(2)). A regulatory time limit may apply to claims (s 10(3)-(4)).
Limitation on repudiation claims: Calvary cannot bring repudiation or breach of contract claims against the Territory for acts related to the Bill, its passage, the Act, or acts done under the Act that are listed in s 20(1); s 20(2) disallows such claims, but s 20(3) preserves rights to compensation for acquisitions under s 10.

Third‑party rights and duties:

Securityholders: their rights under security are affected by vesting and extinguishment of encumbrances; they may apply to the Supreme Court for a stay or injunction in specified circumstances (s 24), for example if proceedings were pending on acquisition day or commenced before compensation was paid in full (s 24(1)). The Territory may renegotiate arrangements with parties to charges (s 14(2)(d)).
Contract counterparties: public hospital contracts may be novated or assigned to the Territory and renegotiated (s 14(2)(c)); counterparties must supply information when requested (s 12) and may have to deal with new contractual relationships with the Territory.

Court powers and enforcement:

Magistrates Court may authorise police or other persons to assist authorised persons and may require Calvary or nominated related corporations to comply with Act obligations (s 25). The director‑general must provide Calvary a copy of applications and Calvary is entitled to appear (s 25(3)-(4)).
Supreme Court may order stays of enforcement proceedings by securityholders and make other appropriate orders, subject to conditions (s 24(2)).

Privacy:

Transfer, receipt, storage and use, for a purpose of the Act, of transferred patient records and employee personal information does not constitute a breach of territory privacy law, but nothing in s 22 limits other obligations under the Health Records (Privacy and Access) Act 1997 and the Information Privacy Act 2014 (s 22(2)-(3)).

Execution and regulation:

The territory planning authority may execute instruments and documents on behalf of the Territory relating to acquisitions (s 27).
The Executive may make regulations for the Act (s 28), including regulations that may alter how particular encumbrances or interests are dealt with post‑vesting (ss 8(3), 9(4)), set compensation procedures and time limits (s 10(3)), and prescribe other matters throughout the Act.

Collectively the duties and rights allocate possession, information flow, registration responsibilities, compensation obligations and court enforcement mechanisms to effect the transition from private to Territory operation and ownership.

The Act itself contains limited express criminal offences or monetary penalties within its text, but it creates and relies on civil enforcement tools, statutory authorisations to use force in specified circumstances, and cross‑referenced offences in other legislation. At republication, the value of a penalty unit for offences against this law is set out in the republished material: $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133; front matter).

Primary enforcement mechanisms under the Act:

Magistrates Court enforcement orders (s 25): where an authorised person is hindered or Calvary fails to comply with obligations under sections 11, 12, 13, 14 or 17(3), the director‑general can apply to the Magistrates Court for an order authorising a police officer or other stated person to provide assistance or use force reasonably necessary to allow an authorised person to exercise their powers under s 11, or for an order requiring Calvary or a nominated related corporation to comply with the requirement (s 25(1)-(2)). The application must be copied to Calvary and Calvary is entitled to appear and be heard (s 25(3)-(4)). The statutory authorisation includes a civil order to compel compliance and an ancillary power to authorise limited force by police or other stated persons to enable exercise of inspection and entry powers.
Supreme Court stays and injunctions in securityholder matters (s 24): where an interest acquired under the Act is, immediately before acquisition day, subject to a security and the securityholder has commenced a proceeding or proposes to, or where a related corporation’s security over non‑acquired property would be directly affected by the Act, the Supreme Court may, upon application by Calvary or a related corporation, order a stay of the proceeding or enjoin the securityholder from commencing or continuing the proceeding and make any appropriate order (s 24(1)-(2)). The section covers enforcement action by securityholders that might otherwise run against the vesting or extinguishment triggered by the Act.
Registrar‑general registration duties (s 19(2)): the registrar‑general must as soon as practicable record amendments to the Crown lease on the register under the Land Titles Act 1925 after acquisition day. Accurate and timely registration is an administrative step that affects third parties’ notice and enforceability.
Payments as a good discharge (s 26): payments by or on behalf of the Territory under the Act are a good and valid discharge and the Territory need not see to the application of money paid or to the performance of any trust; this reduces re‑litigation risk about application of funds but places the onus on claimants to secure their entitlements through the statutorily provided compensation processes (s 10, s 26).
Deemed non‑breach of privacy laws for transfer of information (s 22): the Act protects parties from privacy law breach claims for providing, receiving, keeping or using transferred patient records and employee personal information for purposes of the Act (s 22(2)), though it does not otherwise absolve parties of privacy obligations where they exist (s 22(3)).
No repudiation or breach claims for certain events (s 20): s 20(1) lists events that do not constitute repudiation or breach of a network agreement (including development of the Bill, presentation and agreement in the Legislative Assembly, the making or commencement of the Act and any act done in accordance with the Act). Section 20(2) removes Calvary’s ability to bring any claim against the Territory for repudiation or breach of a network agreement for those listed events and expressly disqualifies them from claiming compensation or remedy for repudiation or breach arising from those events. However s 20(3) does not limit rights to compensation for acquisition under s 10, so compensation must be pursued under s 10 mechanisms, not by repudiation claims.
Court powers in the general civil jurisdiction: the Supreme and Magistrates Courts retain residual injunctive and supervisory powers subject to the Act’s express provisions. The Act creates specific remedies and processes for certain categories of disputes and authorisations but does not oust general judicial review or statutory supervisory jurisdictions where inconsistent.

Penalties within other laws referenced:

The Public Unleased Land Act 2013 offence (s 15(2), s 16(3)): the Act excludes the operation of the Public Unleased Land Act 2013 to the grant of licences under ss 15 and 16, except the licence is taken to be a licence for the Act’s s 43(4) offence (use of public unleased land without a permit), thereby preserving certain criminal sanctions in that statute in relation to unauthorised uses.

Practical enforcement effect:

The Act prioritises administrative remedies, statutory compulsion and court order mechanisms rather than imposing distinct new criminal penalties in its main body. Persons affected by extinguishment of encumbrances and security rights are given routes to court relief (s 24) and statutory compensation processes (s 10), but the Act narrows alternative causes of action (s 20). The Magistrates Court power to authorise use of force is a notable enforcement lever for pre‑acquisition access (s 25).

Claimants and securityholders should be alert to regulatory time limits on compensation claims that the Executive may make under s 10(3)(d), and to the Act’s distinction between remedies available under s 10 (compensation for acquisition) and remedies disallowed under s 20 (repudiation claims arising from the legislative process).

The Act expressly disapplies or modifies the operation of other Territory laws in relation to actions taken under it, creates primacy where inconsistent, and preserves some application of other statutes in specified circumstances.

Express disapplication and preservation:

Section 6(1) lists Territory laws that do not apply to anything done under the Act: Government Agencies (Land Acquisition Reporting) Act 2018; Government Procurement Act 2001; Lands Acquisition Act 1994; Planning and Development Act 2007 (repealed); Planning Act 2023; and other laws prescribed by regulation (s 6(1)). The Act therefore operates as a carve‑out from the standard Territory procurement, reporting and land acquisition frameworks for actions taken under this statute.
Planning Act interplay: despite the general disapplication list, s 6(2) preserves the application of the Planning Act 2023 to the amended Crown lease on and from the acquisition day. Section 6(3) creates a primacy rule: any provision of this Act that applies to the amended Crown lease on and from acquisition day prevails over any provision of the Planning Act 2023 that applies to the lease to the extent of any inconsistency. A regulation may modify the operation of subsections (2) and (3) (s 6(4)), giving the Executive scope to fine‑tune how planning regulation applies post‑acquisition.

Procurement and secure local jobs code:

Section 6(5) disapplies certain provisions of the Government Procurement Act 2001 and Government Procurement Regulation 2007 for procurements necessary for or ancillary to the operation of the public hospital in the six‑month period immediately after acquisition day. The disapplied items include value for money considerations (Government Procurement Act s 8(3)-(5)), the Secure Local Jobs code (part 2B), and detailed procurement thresholds and tender reviews in the Government Procurement Regulation (s 6(5)). The Government Procurement Amendment Act 2024 amended s 6 (see endnotes), and sch 1 of that amending Act commenced 1 July 2024 (endnotes 3-4).

Land title and registration:

The Act causes the Crown lease to be amended on acquisition day so it applies only to private hospital land (s 19(1)). The registrar‑general must record the amendments on the land register under the Land Titles Act 1925 (s 19(2)), and the Territory must prepare instruments for easements or rights of way and take reasonable steps to register them (s 19(3)). The Act contemplates the Districts Act 2002 registration process by requiring the Territory to prepare a draft deposited plan in a form registerable under that Act (s 18(2)).

Privacy law:

Section 22 creates a statutory immunity for certain acts that otherwise could be contrary to territory privacy rules: provision, receipt, keeping and using transferred information (public patient health records and personal information of employees) for a purpose of the Act does not constitute a breach of the Health Records (Privacy and Access) Act 1997 or the Information Privacy Act 2014 (s 22(2)). The section, however, expressly states it does not limit other obligations Calvary, a related corporation or the Territory would otherwise have under territory privacy law (s 22(3)). The director‑general may give information provided to them by Calvary to Territory employees or contractors (s 12(4)).

Contracts and common law:

Network agreements are defined and then terminated on acquisition day (s 14(1)(b); dictionary). Section 20(1) lists a series of events that do not constitute repudiation or breach of a network agreement, including development and passage of the Bill and acts done under the Act; s 20(2) bars Calvary or a related corporation from bringing claims against the Territory for repudiation or breach of a network agreement because of an event or matter mentioned in s 20(1). Section 20(3) preserves rights to compensation under s 10, so disputes about loss arising from termination are channeled through statutory acquisition/compensation mechanisms rather than conventional breach or repudiation claims, to the extent the events fall within s 20(1).

Security and insolvency:

Interests and securities over land and assets are extinguished by vesting (ss 8-9) but taken to have been acquired by the Territory; compensation is payable for security rights taken by the acquisition (s 10(2)(b), (d)). Section 24 addresses situations where securityholders have commenced or propose to commence proceedings to enforce their security: the Supreme Court may stay such proceedings or enjoin securityholders, subject to conditions (s 24(2)). The Act does not purport to alter Commonwealth insolvency law directly; however, extinguishment of local encumbrances and regulatory compensation regimes will interact practically with third‑party enforcement rights and insolvency administrations.

Legislative primacy and regulation:

The Act allows the Executive to make regulations for matters throughout the Act (s 28). Those regulations may address how acquired interests are dealt with (ss 8(3), 9(4)), compensation process and time limits (s 10(3)), classifying or excluding agreements and persons by regulation (dictionary provisions), and other transitional details. The Act’s primacy clause in relation to the Planning Act indicates that, where inconsistent, provisions of this Act prevail over the Planning Act for the amended Crown lease on and from acquisition day (s 6(3)).

In short, the Act overrides or modifies standard procurement, reporting, land acquisition and planning frameworks in specified ways, channels claims for loss and contractual remedies into statutory acquisition compensation processes, provides targeted privacy carve‑outs for transfer of records, and establishes registration and court processes to manage third‑party enforcement and securityholder claims.

The republished Act includes the legislative and amendment history recorded in its endnotes.

Key dates and instruments:

The Health Infrastructure Enabling Act 2023 (A2023‑17) was notified on the legislation register on 2 June 2023 (endnotes, legislation history). Sections 1 and 2 commenced 2 June 2023 (Legislation Act, s 75(1)). Certain parts of the schedule commenced on 3 July 2023 (sch 2 parts 2.1, 2.3, 2.4) and others later: sch 2 part 2.2 commenced 27 November 2023 (see endnotes). The remainder of the Act commenced 2 June 2023 (s 2(1)).
The Government Procurement Amendment Act 2024 (A2024‑2) amended the Act. That amending Act was notified on the legislation register on 19 February 2024 and its s 1 and s 2 commenced on that date (endnotes). Schedule 1 of the amending Act commenced 1 July 2024 (endnotes 3-4). The amendment history notes that s 6 was amended by A2023‑17 amendments and subsequently by A2024‑2 (endnote 4).

Editorial republication:

This republication is labelled A2023‑17 Republication No 4, effective 1 July 2024. The Parliamentary Counsel’s Office may make editorial amendments under the Legislation Act 2001, part 11.3; those changes do not alter substantive effect but are treated as commencing on the republication date (see front matter). The republished law includes amendments made up to 1 July 2024 and any commencement, amendment, repeal or expiry affecting the republished law to that date (front matter).

Localised amendments and expiry:

Section 15 (Access to hospital land on and after acquisition day) includes an expiry mechanism: subsection (4) states the section expires on the day declared by the Minister and a ministerial declaration under s 15(4) is a notifiable instrument (s 15(5); amendment history notes s 15 expires on the day declared by the Minister). The amendment history records that s 2 was omitted in R3 and that certain schedule parts were commenced and later omitted or modified in earlier republications (endnote 4).

Consequential amendments and repeal:

The amendment history and endnotes indicate prior amendments, omitted provisions and consequential amendments to other acts enumerated in schedules of the statute and its republications. The endnotes provide a table of the legislation history and earlier republications showing key commencement and amendment milestones (endnote 3-5).

Practical effect of amendment history:

The Government Procurement Amendment Act 2024 specifically amended s 6 (Application of other territory laws) among other technical changes. The amendment signals that procurement exceptions and related provisions have been the subject of targeted legislative change after initial enactment, and the effective dates of those amendments should be checked in practice (endnotes). The presence of notifiable instruments for acquisition day variations and for ministerial expiry of s 15 means that administrative action under the Act is capable of changing operative dates and timeframes without further primary legislation.

Readers and practitioners should consult the legislation register for the latest notifiable instruments and any regulations made under s 28, and rely on the endnotes for effective commencement and amendment timings recorded in the republished Act.

The Act and its republished material do not record any litigation or judicial decisions that interpret or apply its provisions within the text provided. The endnotes and dictionary include legislative history and amendment history, but no case law is cited in the Act or its endnotes. Accordingly, there are no statutory references to decided cases, interpretations or reported litigation in the republished Act as of 1 July 2024.

Practical implications of the lack of litigation history:

There is limited (or no) publicly recorded judicial precedent construing the Act’s novel vesting and extinguishment provisions, the scope of just terms compensation under s 10 in this context, the interaction between s 20’s repudiation bar and common law contractual remedies, or the operation of s 24’s Supreme Court stay power in practice. The act’s mechanisms for resolving disputes are partially regulatory (s 10(3) provision for compensation procedures and dispute resolution) and partially judicial (s 24 and s 25 court powers), so early litigation or regulatory guidance could shape the interpretive field.
Parties likely to be affected,securityholders, creditors, contract counterparties, employees and Calvary,may test aspects of the Act through court proceedings (for example applications under s 24 for stays, or under general law where the Act does not displace remedies). The Act channels many issues into statutory processes; however, the absence of reported litigation means statutory text and dictionary definitions are presently the principal source of legal certainty.

For practitioners this means that until appellate decisions or significant factual applications emerge, advice should be grounded in the text of the Act, its definitions and the procedural powers it creates, while noting that future litigation could refine or alter how compensation, extinguishment, and permitted information transfers are applied.

The Act contains several features that materially affect legal risk, timing and remedies and that may produce unintended practical consequences if not attended to.

Acquisition day control and notifiable instruments (s 7): the Executive may replace the default acquisition day (3 July 2023) by giving notice of an earlier or later day before the default. That executive discretion can compress or extend transition timelines without further primary legislation. Notices are notifiable instruments (s 7(2)) and practitioners should track them. Failure to monitor a changed acquisition day will affect obligations such as vesting, termination of network agreements and registration tasks.
Vesting with extinguishment of encumbrances (ss 8-9) but compensation required (s 10): the statute causes interests, charges and encumbrances to be freed and discharged on vesting (ss 8(1)(b), 9(1)(b)), and yet takes those interests to have been "acquired" by the Territory and requires "just terms". Claimants must pursue compensation under s 10. The practical risk is that secured creditors’ remedies are substantively altered: legal rights to repossession or sale over acquired property are extinguished, and recovery is channeled into an administrative compensation process that may have time limits and regulatory dispute resolution procedures (s 10(3)-(4)). Securityholders need to consider timely applications under s 24 where proceedings were pending at acquisition day, and be aware their enforcement remedies may be curtailed.
Statutory bar on repudiation claims for a broad class of events (s 20): s 20(1) lists events that do not constitute repudiation or breach of a network agreement and s 20(2) bars Calvary or related corporations from bringing claims for repudiation or breach against the Territory because of those events. Practitioners should note the bar is broad and covers policy development and passage of the Bill; however s 20(3) preserves rights to compensation for acquisition claims under s 10. That means Calvary cannot rely on conventional contract law damages in many circumstances and must instead pursue statutory acquisition compensation.
Time limits for compensation claims may be created by regulation and Limitation Act excluded (s 10(3)-(4)): s 10(3)(d) allows regulations to specify a time limit for claims and s 10(4) makes a claim not maintainable if brought after the regulatory time limit; it also says the Limitation Act 1985 does not apply to such a claim. This transfers significant procedural power to regulation and creates a routinised deadline risk. Claimants should monitor subordinate legislation and act within any regulatory time limit.
Excluded assets carve out private interests (dictionary; s 9(3)): the Act excludes assets used only in the private hospital, certain cultural non‑fixed assets if agreed, loan receivables between Calvary and related corporations, and special purpose trust funds that only Calvary can fulfil. Practitioners should scrutinise asset lists and ensure proper negotiation and documentation to preserve private hospital functionality and to avoid disputes about what qualifies as excluded.
Licence mechanics and cross‑land access (s 15): after acquisition day the Territory grants Calvary a licence to enter public hospital land for purposes including complying with the Act and ensuring continued operation of private facilities (s 15(1)(a)), and Calvary grants the Territory reciprocal licence to enter the private hospital land (s 15(1)(b)). The Public Unleased Land Act 2013 is excluded from applying to the grant of those licences except that the licence is taken to be a licence for the offence provision (s 15(2)). The licences are temporary and s 15 may expire on a ministerial declaration (s 15(4)-(5)). Practical risks include operational friction between public and private uses and the need for carefully negotiated licence terms where the parties must agree practical access details.
Broad information powers and privacy carve‑outs (ss 12, 17, 22): the director‑general may request broad classes of documents including public patient health records, employment records and financial records (s 12(1)); the Act deems such transfers not to breach territory privacy laws for purposes of the Act (s 22(2)). Despite the carve‑out, s 22(3) preserves other privacy obligations. Parties should ensure secure transfer protocols and consider third‑party privacy duties, especially where Commonwealth privacy regimes or contractual confidentiality obligations might be implicated.
Regulatory dependency for many practical details (s 10(3), s 28, various dictionary entries): the Act delegates many procedural and definitional details to regulation, including process for compensation, how interests are dealt with, and classification of agreements or persons. This means the full practical effect of the scheme depends on subordinate instruments. Practitioners must check applicable regulations and any notifiable instruments made under s 28 and s 7.
Limited explicit criminal penalties in the Act and reliance on other statutes (s 15(2), s 16(3), front matter penalty unit values): the Act itself primarily uses civil and administrative enforcement; where criminal offences are implicated the Act references other laws. The penalty unit values are specified in the republication prefatory material; however the Act’s own offences are few, increasing the importance of court orders and compensation processes.
Transitional employment mechanics uncertain without regulations (s 14(2)(a)-(b)): the Act contemplates offers of employment by the Territory to public hospital employees and allows disapplication of provisions of the Public Sector Management Act 1994 for paragraph (a), but core mechanics and terms are to be prescribed or agreed. That creates potential disruption to employment terms and industrial relations processes until regulations or agreements are finalised.

These "gotchas" are features that materially reallocate legal and practical risk and hinge on later regulatory and administrative action. Parties should prioritise tracking regulations, notifiable instruments, documentation of assets and contracts, and timing for claims.

Calvary, related corporations, securityholders, suppliers and the Territory each have compliance tasks under the Act. The following operational checklist is grounded in the Act’s substantive provisions.

For Calvary and related corporations:

Prepare and preserve records: collect and systematise public patient health records, payroll and employment records, asset registers, maintenance and condition reports, supplier and contract lists, trust fund documentation and security details. The director‑general can request all of these (s 12(1)(a)-(m)); requests must be complied with within a reasonable period as specified and in the stated format (s 12(2)-(3)). After acquisition day continue to be ready to comply with director‑general requests under s 17.
Appoint transition executive and cooperate: nominate a senior executive to be the operational contact and transition coordinator (s 13(2)(a)). Cooperate in good faith, develop transition plans with the Territory and ensure employees, officers and contractors comply with the plan (s 13(1)-(2)(b)). Maintain staffing and maintenance until acquisition day (s 13(2)(e)-(f)).
Provide access and assistance: facilitate authorised person entries (s 11), including access to secured areas and showing where records and assets are located (s 11(2)-(3)). Assist in obtaining licences and authorisations required for the Territory to operate post‑acquisition (s 13(2)(c)).
Identify excluded assets and special funds: document assets that are used only for private hospital purposes, non‑fixed assets of religious or cultural significance (subject to agreement), loan receivables with related corporations, and special purpose funds/trusts that only Calvary can fulfil, and seek agreement or register those categories (dictionary; s 9(3)(a)-(d)). This will inform what is retained and what will be acquired.
Prepare for vacating and document execution: ensure capacity to vacate the public hospital land and to execute documents required under s 14(1)(c)(v) on acquisition day; liaise with the Territory on agreed instruments and licences (s 14(1)(c); s 16 for short‑term licences).
Claims and compensation: present any claims for compensation under s 10 within regulatory time limits once they are set (s 10(3)(d)-(4)). Compile evidentiary material on security rights, losses resulting from acquisition consequences (including redundancy payments and contract termination losses) and any other prescribed items (s 10(2)(e)). Be prepared for statutory dispute resolution procedures the regulations put in place.
Continue to respect privacy obligations: while s 22(2) provides a carve‑out for transferred information for purposes of the Act, Calvary must ensure secure transmission and retain compliance with other privacy obligations and any Commonwealth obligations that may apply (s 22(3)).

For the Territory and director‑general:

Authorise persons in writing: ensure authorised persons are formally appointed (s 11(5)), and provide reasonable written notice before entry, minimise interference with Calvary’s use, and act at reasonable times (s 11(1), (4)).
Make information requests in writing and allow reasonable periods/formats: requests under s 12 must be in writing, state a reasonable period and may state a required format; the director‑general should use these procedural rules to secure necessary data promptly (s 12(2)).
Prepare a draft deposited plan and registration instruments: fulfil s 18 by preparing a draft deposited plan registerable under the Districts Act 2002 that corresponds to the PRIVATE PRECINCT AREA in schedule 1 or another agreed area; prepare instruments for easements/rights of way and take steps to register amendments to the Crown lease under the Land Titles Act (s 18(1); s 19(1)-(3)).
Provide transition leadership and assistance to Calvary: appoint a senior executive to coordinate the Territory’s role in transition, cooperate on the transition plan, and provide reasonable assistance to Calvary to enable compliance with the Act (s 13(3)(a)-(g)). Ensure contractual novation and assignment processes are managed: prepare for novation or assignment of public hospital contracts and for renegotiations where necessary (s 14(2)(c)).
Ensure just terms payments and compensation administration: set and publish compensation procedures, calculation methodologies, claim lodgement processes and dispute resolution mechanisms by regulation, including any time limits,bearing in mind that Limitation Act 1985 will not apply if a regulatory time limit is set (s 10(3)-(4)). Ensure payments satisfy s 26 (payments are a good and valid discharge).
Manage securityholder interactions and court applications: where securityholders have commenced enforcement proceedings, the Territory should be ready to engage in Supreme Court proceedings under s 24 and be prepared to negotiate or restructure security arrangements (s 24; s 14(2)(d)).

For securityholders, creditors and contractors:

Identify and document securities and encumbrances: compile evidence of interests and security amounts, contact details for securityholders, and any other linked security instruments (s 12(1)(l)-(m)).
Monitor acquisition day notices and regulatory time limits: track notifiable instruments altering the acquisition day (s 7(1)(b), (2)) and any regulations creating time limits for compensation claims under s 10(3). If proceedings were pending on acquisition day or are threatened before compensation is paid in full, consider timely application to the Supreme Court under s 24.
File compensation claims timely and gather evidence: submit claims for compensation according to the regulations that govern process, content and deadlines; prepare evidence of loss, security priority and valuations to support claims under s 10.

Cross‑party coordination:

Negotiate licence terms and access arrangements: after acquisition day the parties have reciprocal licence rights (s 15) and the Territory may grant Calvary a short‑term licence to operate the public hospital (s 16). Parties should document operational protocols, security, IT access, infection control, and patient pathways early in transition planning.
Agree protocols for record transfer and IT: given the information flows and privacy carve‑outs, agree technical and security standards for transfer of electronic health records, payroll and financial systems to the Territory or its contractors.

Finally, because the Act leaves many detailed matters to regulation (s 28) and ministerial notifiable instruments (s 7, s 15(4)), all parties must monitor the legislation register and government notices for subordinate instruments, ministerial declarations and any administrative guidance that clarifies operational details.

Health Infrastructure Enabling Act 2023

Plain English Summary

Deep Dive

What it does

Current sections

Health Infrastructure Enabling Act 2023

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply