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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
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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).
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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
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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
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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
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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
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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
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(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
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(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
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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
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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
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(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
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(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
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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
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(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
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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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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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
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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
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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
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(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
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(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
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(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
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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
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Schedule 1 Private precinct area
(see 18 (1) (a))
Dictionary
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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
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(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
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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.
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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
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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.
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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
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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
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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))