Health Infrastructure Enabling Regulation 2023 (ACT)

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health Infrastructure Enabling Regulation 2023 SL2023-11 made under the Health Infrastructure Enabling Act 2023 Republication No 2 Effective: 29 June 2023 Republication date: 29 June 2023 Last amendment made by SL2023-14

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 Regulation 2023, made under the Health Infrastructure Enabling Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 29 June 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 29 June 2023. 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 includes 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).

R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health Infrastructure Enabling Regulation 2023 made under the Health Infrastructure Enabling Act 2023 Contents Page Part 1 Preliminary 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 Part 2 Operation of public hospital 5 Public hospital employees—Act, s 14 (2) (a) and (b) 3 6 Prescribed industrial agreements—Act, dict, def public hospital employee, par (a) (ii) 6 7 Public hospital contracts—Act, s 14 (2) (c) 6

Contents Page contents 2 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Amendment of Crown lease 8 Amendment of Crown lease—Act, s 19 (1) (b) 9 Part 4 Compensation Division 4.1 Preliminary 9 Definitions—pt 4 10 9A Person not entitled to compensation by more than 1 means 10 Division 4.2 Acquisition of Calvary’s interest in the public hospital land 10 Matters relevant to working out compensation—Calvary’s interest in the public hospital land 11 12 Hospital land subject to security 12 Division 4.3 Acquisition of security rights 13 Matters relevant to working out compensation—security rights 13 15 Securityholder may waive rights in relation to security rights 13 Division 4.4 Acquisition of miscellaneous interests 16 Application—div 4.4 14 17 Matters relevant to working out compensation—miscellaneous interests 15 19 Miscellaneous interest subject to security 15 Division 4.5 Claims for, and offers of compensation 20 Claims for compensation——generally 16 21 How claims must be made 17 22 Territory may request further information about claims 18 23 Timeframe for deciding initial claims 18 24 Early compensation arrangements 18 25 Effect of compensation claim in relation to acquisition of security rights 19 26 Amount paid in relation to security rights extinguished by s 25 20 27 Territory must accept or reject claim for compensation 20 28 Claimant may accept or reject Territory’s compensation offer 21 29 Territory must reconsider offer and make final offer 21 Division 4.6 Payment etc of compensation 30 Payment etc of compensation 22

Contents Page R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 31 Interest payable on compensation—acquisition other than security rights 23 32 Interest payable on compensation—security rights 24 Division 4.7 Dispute resolution 33 Expert determination 25 Part 5 Miscellaneous 33A Court to ensure just terms 27 34 Effect of acquisition of security right on securityholder’s rights 27 Schedule 1 Amended Crown lease 28 1.1 Amendment of Crown lease 28 Dictionary 40 Endnotes 1 About the endnotes 41 2 Abbreviation key 41 3 Legislation history 42 4 Amendment history 43 5 Earlier republications 44

R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health Infrastructure Enabling Regulation 2023 made under the Health Infrastructure Enabling Act 2023

Part 1 Preliminary Section 1 page 2 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Health Infrastructure Enabling Regulation 2023. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation. For example, the signpost definition ‘acquisition, for part 4 (Compensation)—see section 9.’ means that the term ‘acquisition’ is defined in that section for part 4. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation.

Operation of public hospital Part 2 Section 5 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Operation of public hospital 5 Public hospital employees—Act, s 14 (2) (a) and (b) (1) The head of service must make a written offer of employment with the Territory to each public hospital employee who satisfies all of the following criteria: (a) they are a public hospital employee immediately before the acquisition day; (b) they are an eligible person under the Public Sector Management Act 1994; (c) they are not a person to whom the Public Sector Management Act 1994, section 138 (No reappointment of former officer in certain circumstances) applies; (d) they are not ineligible under an industrial agreement to be re-employed by the Territory for a certain period because the employee has received a voluntary redundancy payment from the Territory; (e) they have not accepted a redundancy payment or similar payment from Calvary or a related corporation in relation to their employment as a public hospital employee. (2) An offer must be on terms that are, as far as possible under the Public Sector Management Act 1994, the same as or no less favourable than the terms applying to the public hospital employee’s employment immediately before the day the employee’s employment with Calvary ends under subsection (4) (a). (3) An offer is conditional on the public hospital employee accepting the offer before the acquisition day or by any later day notified in writing by the head of service.

Part 2 Operation of public hospital Section 5 page 4 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) For each public hospital employee who accepts an offer of employment with the Territory under this section— (a) unless otherwise agreed in writing between the head of service and the employee, the employee is taken to have resigned and the employee’s employment with Calvary or a related corporation as a public hospital employee ends, or is taken to have ended, on the acquisition day; and (b) the Territory is liable for any entitlement (including annual, long service, personal or other leave) the employee has accrued or has a right to, immediately before the day the employee’s employment with Calvary ends under paragraph (a); and (c) the employee’s employment as a public hospital employee is recognised prior service and continuous service for leave and other entitlements under the Public Sector Management Act 1994 and any relevant industrial agreement. Note 1 The Fair Work Act 2009 (Cwlth) (FWA), s 22 (5), which recognises prior service of employees if there is a transfer of employment, applies to the employment of a public hospital employee by the Territory under this section. As a transferring employee’s prior service counts as service with the Territory, the employee is not entitled to a redundancy payment because their employment with Calvary ends under par (a) (see FWA, s 122 (2)). Note 2 In accordance with par (b), annual and other leave accrued by a public hospital employee as at the day their employment with Calvary ends under par (a) carries over to their employment with the Territory. Accrued annual leave cannot be cashed out except if permitted under an industrial agreement mentioned in s 6 (see FWA, s 92). (5) The Territory is liable for— (a) any liability, loss or expense Calvary or a related corporation incurs as a result of the Territory not complying with subsection (4) (b) or (c); and

Operation of public hospital Part 2 Section 5 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) any redundancy or similar payment (not including any accrued annual, long service, personal or other leave) payable in accordance with law by Calvary or a related corporation to a public hospital employee— (i) who is not employed by the Territory under this section; and (ii) whose employment with Calvary or a related corporation as a public hospital employee has been terminated on or immediately after the acquisition day because of the operation of this Act. (6) The amount equivalent to the Territory’s liability under subsection (4) (b) must be taken into account when working out the amount of compensation to which Calvary or a related corporation is entitled under the Act as worked out under part 4. (7) The following provisions do not apply to an offer of employment with the Territory under this section: (a) the Public Sector Management Act 1994— (i) section 25 (Employees); and (ii) section 27 (Application of the merit and equity principle); and (iii) section 68 (Appointment to vacant office); (b) the Public Sector Management Standards 2016, part 2 (Selection process). (8) In this section: eligible person—see the Public Sector Management Act 1994, dictionary.

Part 2 Operation of public hospital Section 6 page 6 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Prescribed industrial agreements—Act, dict, def public hospital employee, par (a) (ii) (1) The following industrial agreements are prescribed: (a) the Administrative and Related Classifications Enterprise Agreement 2021-2022; (b) the Health Professionals Enterprise Agreement 2021-2022; (c) the Infrastructure Services Enterprise Agreement 2021-2022; (d) the Support Services Enterprise Agreement 2021-2022; (e) the Technical and Other Professional Enterprise Agreement 2021-2022; (f) the Medical Practitioners Enterprise Agreement 2021-2022; (g) the Nursing and Midwifery Enterprise Agreement 2020-2022; (h) any other agreement, including any agreement replacing an agreement mentioned in paragraphs (a) to (g) before the acquisition day, declared by the head of service. (2) A declaration under subsection (1) (h) is a notifiable instrument. 7 Public hospital contracts—Act, s 14 (2) (c) (1) The Territory must notify Calvary in writing which public hospital contracts (the nominated contracts) the Territory proposes to have novated or assigned to it. (2) Calvary must use all reasonable endeavours to ensure the Territory receives the full benefit of the nominated contract including by procuring the execution of deeds of assignment or novation if consent and agreement of a third party is required.

Operation of public hospital Part 2 Section 7 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The Territory must— (a) assume the rights and liabilities under each nominated contract novated or assigned to it under this section; and (b) cooperate with Calvary in any reasonable arrangement intended to transfer to the Territory the benefit and the burden of each of those contracts. (4) If a nominated contract (a residual nominated contract) is not effectively assigned or novated to the Territory, on the written request of the Territory— (a) Calvary or a related corporation must account to the Territory for any benefit it receives in relation to the contract; and (b) Calvary must do all things reasonably required by the Territory to ensure that the Territory receives the benefit of the contract; and (c) Calvary or a related corporation must hold the benefit of the contract on bare trust for the Territory and deal with the contract only as directed by the Territory. (5) The Territory may give written notice (which must not be less than 7 days) to Calvary and the third party under a residual nominated contract that the Territory intends to novate the contract to the Territory. (6) However, the Territory may only give notice under subsection (5) if it considers that novating the residual nominated contract is necessary for— (a) the safe and orderly transition of the operation of the public hospital to the Territory; (b) the continued operation of, and maintenance of service delivery standards at, the public hospital.

Part 2 Operation of public hospital Section 7 page 8 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) If the Territory gives notice in relation to a residual nominated contract under subsection (5)— (a) the contract is novated on the day stated in the notice; and (b) the third party may at any time 6 months after the contract is novated to the Territory, or any other period stated in the notice, terminate the contract by 14 days written notice to the Territory; and (c) if the third party terminates the contract under paragraph (b), the third party is not liable to the Territory for breach of the contract or for any compensation to the Territory because of the termination. (8) Calvary is liable for any liability, loss or expense the Territory incurs because of a default by Calvary or a related corporation under, or breach by Calvary or a related corporation of, any nominated contract before the day the contract is assigned or novated to, or held in trust for, the Territory. (9) The Territory is liable for any liability, loss or expense Calvary or a related corporation incurs as a result of any breach under, or breach by the Territory of, any nominated contract after the day the contract is assigned or novated to, or held in trust for, the Territory.

Amendment of Crown lease Part 3 Section 8 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Amendment of Crown lease 8 Amendment of Crown lease—Act, s 19 (1) (b) The Crown lease is amended as set out in schedule 1.

Part 4 Compensation Division 4.1 Preliminary Section 9 page 10 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Compensation Division 4.1 Preliminary 9 Definitions—pt 4 In this part: acquisition means an acquisition of an interest under the Act. claim means a claim for compensation under this part. claimant means a person making a claim for compensation under this part. compensation—see the Act, section 10 (5). market value, of an interest on the acquisition day, means the amount that would have been paid for the interest if it had been sold at that time by a willing but not anxious seller to a willing but not anxious buyer. miscellaneous interest—see section 16. 9A Person not entitled to compensation by more than 1 means (1) This section applies if a person is given, or is entitled to be given, compensation under a provision of this regulation or another territory law in relation to a matter. (2) The person is not entitled to make a claim under another provision of this regulation or another territory law in relation to the matter.

Compensation Part 4 Acquisition of Calvary’s interest in the public hospital land Division 4.2 Section 10 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.2 Acquisition of Calvary’s interest in the public hospital land 10 Matters relevant to working out compensation—Calvary’s interest in the public hospital land (1) Matters that may be relevant to working out the amount of compensation for the acquisition of Calvary’s interest in the public hospital land include the following: (a) the market value of the Crown lease for the hospital land on the acquisition day; (b) that— (i) the Crown lease and preceding Crown lease for the hospital land were granted to Calvary for no charge and a nominal rent was payable under the leases; and (ii) the Crown lease as amended under the Act, section 19 continues to be held by Calvary for no charge and for nominal rent; and (iii) certain buildings and improvements on the hospital land and capital items were funded by the Territory, the Commonwealth or entities other than Calvary or a related corporation; (c) the value, on the acquisition day, of any financial advantage to Calvary, additional to the market value of the Crown lease for the hospital land, incidental to Calvary’s interest in the hospital land; (d) any reasonable increase or decrease in the value of the private hospital land or buildings or other improvements on it directly caused by— (i) the removal of the public hospital land from the Crown lease; or

Part 4 Compensation Division 4.2 Acquisition of Calvary’s interest in the public hospital land Section 12 page 12 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the development of a new public hospital on the public hospital land; (e) any costs reasonably incurred by Calvary as a direct and reasonable consequence of it complying with its obligations under the Act; (f) any other loss, injury or damage suffered, or expense reasonably incurred, by Calvary as a direct and reasonable consequence of the acquisition. (2) Calvary must take all reasonable steps to minimise any loss, injury or damage suffered, or expense reasonably incurred by Calvary because of the acquisition of Calvary’s interest in the public hospital land. Example make a claim under an insurance policy or under an indemnity or other contractual right for a loss 12 Hospital land subject to security (1) As a general rule, the compensation for the acquisition of Calvary’s interest in the public hospital land is determined as if the interest had not been subject to any security. (2) If compensation is payable under this part to a securityholder, the compensation payable to Calvary is reduced by so much of the compensation payable to the securityholder as represents the amount worked out under division 4.3 (Acquisition of security rights).

Compensation Part 4 Acquisition of security rights Division 4.3 Section 13 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.3 Acquisition of security rights 13 Matters relevant to working out compensation—security rights (1) Matters that may be relevant to working out the amount of compensation for the acquisition of a security right under a security (the relevant security) include the following: (a) the amount reasonably determined to reflect the value of the impact of the acquisition of the security right on the debt arrangements which are secured by the relevant security; (b) any other costs reasonably incurred by the securityholder as a direct and reasonable consequence of the acquisition. (2) Calvary and any securityholder must take all reasonable steps to minimise any loss, injury or damage suffered, or expense reasonably incurred because of the acquisition of the security right. 15 Securityholder may waive rights in relation to security rights (1) The securityholder under a security may, by written notice to the Territory, waive the securityholder’s right to any compensation under the Act in relation to the acquisition of a security right. (2) The Territory may, by written notice given to a securityholder from whom a security right has, or may have been, acquired under the Act, require the securityholder, at the securityholder’s option to— (a) make a claim under division 4.5; or (b) waive the right to compensation. (3) If a securityholder does not, within 30 days after a notice under subsection (2) is given to the securityholder or any further period as the Territory, in writing, allows, make a claim for compensation, the securityholder is taken to have waived the right to compensation in relation to the acquisition of the security right.

Part 4 Compensation Division 4.4 Acquisition of miscellaneous interests Section 16 page 14 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A securityholder who waives the right to compensation in relation to the acquisition of a security right— (a) is debarred from recovering any compensation from the Territory or the Commonwealth in relation to the acquisition; but (b) retains, in relation to the security right, any right or remedy that the securityholder may have— (i) against Calvary; or (ii) in relation to any interest in the public hospital land, public hospital assets or network agreements that is still subject to the security. Division 4.4 Acquisition of miscellaneous interests 16 Application—div 4.4 This division applies to an acquisition of an interest (a miscellaneous interest) other than an acquisition of— (a) Calvary’s interest in the public hospital land; or (b) a security right. Examples 1 Calvary’s interest in the public hospital assets acquired under the Act, s 9 (1) (Acquisition of public hospital assets) 2 any interest in land that is not a security right that is taken to have been acquired under the Act, s 8 (2) (Acquisition of public hospital land) 3 any other interest that is not a security right that is taken to have been acquired under the Act, s 9 (2)

Compensation Part 4 Acquisition of miscellaneous interests Division 4.4 Section 17 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Matters relevant to working out compensation— miscellaneous interests (1) Matters that may be relevant to working out the amount of compensation for an acquisition of a miscellaneous interest include the following: (a) except in a case to which paragraph (b) applies— (i) the market value of the interest on the acquisition day; and (ii) the value, on the acquisition day, of any financial advantage to the person, additional to market value, incidental to the person’s interest; and (iii) the impact caused by the acquisition on any other interest ancillary to the person’s interest; (b) if the person’s interest was diminished, but not extinguished, by the acquisition—the loss suffered by the person because of the diminution of the person’s interest; (c) any loss, injury or damage suffered, or expense reasonably incurred, by the person as a direct and reasonable consequence of the acquisition. (2) A person must take all reasonable steps to minimise any loss, injury or damage suffered, or expense reasonably incurred by them because of the acquisition of the person’s interest. Example make a claim under an insurance policy or under an indemnity or other contractual right for a loss 19 Miscellaneous interest subject to security (1) This section applies if— (a) a miscellaneous interest is acquired from a person (the owner) under the Act; and

Part 4 Compensation Division 4.5 Claims for, and offers of compensation Section 20 page 16 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) immediately before the acquisition day, the interest was subject to a security. (2) As a general rule, the compensation to which the owner of the interest is entitled in relation to the acquisition is determined as if the interest had not been subject to any security. (3) If compensation is payable under this part to a securityholder, the compensation payable to Calvary is reduced by so much of the compensation payable to the securityholder as represents the amount worked out under division 4.3 (Acquisition of security rights). Division 4.5 Claims for, and offers of compensation 20 Claims for compensation——generally (1) A person who considers that they are entitled to be paid compensation under the Act may make a claim for compensation in accordance with this division. (2) A claim must be made— (a) within the 12-month period starting on the acquisition day; or (b) if the Minister gives notice before the end of that period of a later day—the day stated in the notice. (3) If the Minister is satisfied that a person has a reasonable excuse for not making a claim in the period mentioned in subsection (2)—the Minister may, in writing, extend the time in which the claim must be made. Note A person may apply to the Minister for an extension of time, and the Minister may extend the time, even though the period mentioned in s (1) has ended (see Legislation Act, s 151C). (4) If a person does not make a claim for compensation within the period mentioned in subsections (2) or (3), the person is taken to have waived the right to compensation in relation to the acquisition.

Compensation Part 4 Claims for, and offers of compensation Division 4.5 Section 21 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) A person who waives the right to compensation in relation to the acquisition under subsection (4)— (a) is debarred from recovering any compensation from the Territory or the Commonwealth in relation to the acquisition; but (b) in relation to a security interest—retains, in relation to the security, any right or remedy that the person may have against Calvary or a related corporation. (6) A notice under subsection (2) (b) is a notifiable instrument. 21 How claims must be made (1) A claim must— (a) be in writing and in any form reasonably required by the Territory; and (b) state the interest of the person that has been acquired under the Act; and (c) state the amount of compensation the person claims in relation to the acquisition; and (d) include sufficient detail to allow the claim to be considered, including detail about how a monetary amount claimed is worked out; and (e) if the claim is in relation to the acquisition of a security right under a security—state the total value of the impact of the acquisition on the relevant debt arrangement, how it has been determined (including calculations, if relevant), and the total amount of debt secured by the security. (2) A claim is taken to be made only when it is given to the director-general. (3) A person may withdraw their claim by written notice to the director-general.

Part 4 Compensation Division 4.5 Claims for, and offers of compensation Section 22 page 18 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If a claim is withdrawn, the Act has effect as if the claim had never been made. (5) The director-general may determine further requirements for how a claim must be made under this section. (6) A determination under subsection (5) is a notifiable instrument. 22 Territory may request further information about claims The director-general may, in writing, require a claimant to give the director-general information that the director-general reasonably considers is needed to decide a claim within a stated period. 23 Timeframe for deciding initial claims (1) The director-general must decide a claim within 12 weeks after the day— (a) the claim is given to them; or (b) if information is requested under section 22—the information is given to them. (2) The claimant may agree in writing to an extension of the 12-week period before the end of the period. 24 Early compensation arrangements (1) The Territory may make a payment to a claimant or do any other thing on account of compensation that may— (a) become payable to a claimant under this division; or (b) be required to be done by the Territory under this division; or (c) assist to mitigate the impacts of the acquisition on the claimant in the period before compensation is given. (2) Anything done by the Territory under subsection (1) does not constitute acceptance by the Territory of any claim made under this division.

Compensation Part 4 Claims for, and offers of compensation Division 4.5 Section 25 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Acceptance by a claimant of anything done by the Territory under subsection (1) does not constitute an acceptance of any offer made by the Territory under this division. 25 Effect of compensation claim in relation to acquisition of security rights (1) This section applies if— (a) a security right has been acquired by the Territory from a securityholder; and (b) the securityholder makes a claim for compensation in relation to the acquisition. (2) The acquisition is taken, on the acquisition day, to have— (a) discharged and released the public hospital land, public hospital assets and Calvary’s interests in the network agreements from the security; and (b) discharged and released the liability of Calvary under the security to the extent attributable to the public hospital land, public hospital assets and Calvary’s interests in the network agreements; and (c) discharged and released Calvary and its related corporations from the obligation to pay or repay to the securityholder an amount equal to the amount of compensation paid to or for the account of the securityholder. (3) On the giving of the compensation to the securityholder, the securityholder must, if required by Calvary and at the expense of Calvary, execute a discharge to the extent provided for in subsection (2).

Part 4 Compensation Division 4.5 Claims for, and offers of compensation Section 26 page 20 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26 Amount paid in relation to security rights extinguished by s 25 (1) If an amount has been paid to or recovered by the securityholder under a security in relation to a liability that, on the making of a claim by the securityholder, is, by section 25, taken to have been discharged— (a) the securityholder is liable to repay that amount to the person who paid it; and (b) the Territory may deduct from the compensation payable to the securityholder and pay to the person who paid that amount the amount that has not been repaid. (2) A payment made by the Territory under subsection (1) (b) is taken to have been made in discharge of the obligation of the securityholder under subsection (1) (a). 27 Territory must accept or reject claim for compensation (1) If the Territory is satisfied that the interest stated in a claim has been acquired from the claimant, the Territory must make an offer of compensation to the claimant that the Territory considers the claimant is entitled to in accordance with this part. (2) The Territory must give the claimant written notice stating— (a) that the claim is accepted; and (b) how the compensation offered was, or will be, worked out. (3) If the Territory does not consider that an interest has been acquired from the claimant under the Act, the Territory must reject the claim. (4) If the Territory rejects the claim, it must give written notice to the claimant stating— (a) that the claim is rejected; and (b) the reasons why it is rejected.

Compensation Part 4 Claims for, and offers of compensation Division 4.5 Section 28 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If the Territory has not given the claimant a notice under subsection (2) or (4) within the period mentioned in section 23 (Timeframe for deciding initial claims), the Territory is taken to have rejected the claim. 28 Claimant may accept or reject Territory’s compensation offer (1) If the Territory makes an offer of compensation under section 27 (1), the claimant may, by written notice to the director-general— (a) accept the offer; or (b) do both of the following: (i) reject the offer; (ii) state the amount of compensation they consider they are entitled to and how the amount is worked out. (2) If the claimant has not given the Territory a notice under subsection (1) within 30 days after the day the Territory makes the offer of compensation, the claimant is taken to have rejected the offer. 29 Territory must reconsider offer and make final offer (1) If the director-general receives a notice rejecting an offer under section 28 (1) (b) (i) or section 28 (2) applies, the Territory must— (a) reconsider the amount of compensation within 12 weeks after the day the Territory receives the notice; and (b) consider the information included in the notice; and (c) give the claimant a written final offer of compensation that the Territory considers the claimant is entitled to under this part. (2) The Territory must state in the final offer how the compensation offered is worked out.

Part 4 Compensation Division 4.6 Payment etc of compensation Section 30 page 22 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The claimant must accept or reject the final offer by written notice to the director-general. (4) If the claimant has not given the Territory a notice under subsection (3) within 30 days after the day the Territory makes the final offer of compensation, the claimant is taken to have rejected the offer. Division 4.6 Payment etc of compensation 30 Payment etc of compensation (1) If a claimant accepts an offer of an amount of compensation under section 28 (a) or section 29 (3) in relation to an acquisition, the amount of compensation given to the claimant under the Act, section 10 (Acquisition must be on just terms) for the acquisition is— (a) the amount of compensation in the accepted offer; less (b) any amount paid, or the value of any other compensation given, by the Territory to the claimant under section 24 (Early compensation arrangements). (2) The Territory must give the claimant the compensation as soon as is reasonably practicable after the claimant has— (a) produced or surrendered all deeds and documents relating to, or evidencing, the claimant’s title to the acquired interest that the Territory reasonably requires to be produced or surrendered; and (b) executed all documents, including any deed of release, the Territory reasonably requires; and (c) complied with any obligations under the Act.

Compensation Part 4 Payment etc of compensation Division 4.6 Section 31 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 31 Interest payable on compensation—acquisition other than security rights (1) This section applies if the Territory is liable to pay a monetary component of compensation to a claimant under this part in relation to an acquisition, other than a security right. (2) The Territory must pay the claimant interest on the compensation at the relevant rate for the month when the Territory becomes liable to pay the compensation on and from the acquisition day until— (a) the day on which the compensation is paid; or (b) if payment is delayed through a default or delay of the claimant, until the day on which the compensation would have been paid but for the default or delay. (3) Subsection (4) applies if— (a) the claimant rejects, or is taken to have rejected, a final offer made under section 29 (1) (c); and (b) the amount of compensation payable under this division is less than the final offer. (4) The period for which interest is payable under subsection (2) does not include the period— (a) starting on the day the claimant rejects, or is taken to have rejected, the final offer; and (b) ending on the day the amount of compensation payable under this division is determined. (5) Interest is not payable to the claimant on the whole or any part of the compensation otherwise than in accordance with this section.

Part 4 Compensation Division 4.6 Payment etc of compensation Section 32 page 24 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) In this section: relevant rate, of interest for the month when the Territory becomes liable to pay the compensation, means the rate that is the assessed secondary market yield for 5 year non-rebate Treasury bonds, published by the Reserve Bank of Australia on the first day of the month. 32 Interest payable on compensation—security rights (1) This section applies if the Territory is liable to pay compensation to a claimant under this part in relation to the acquisition of a security right. (2) The Territory must pay the claimant interest on the amount representing the principal secured under the security included in the compensation at the lowest rate (whether for prompt payment or otherwise) provided for by the security on and from the acquisition day until— (a) the day on which the compensation is paid; or (b) if payment is delayed through a default or delay of the claimant, until the day on which the compensation would have been paid but for the default or delay. (3) Subsection (4) applies if— (a) the claimant rejects, or is taken to have rejected, a final offer made under section 29 (1) (c); and (b) the amount of compensation payable under this division is less than the final offer. (4) The period for which interest is payable under subsection (2) does not include the period— (a) starting on the day the claimant rejects, or is taken to have rejected, the final offer; and

Compensation Part 4 Dispute resolution Division 4.7 Section 33 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) ending on the day the amount of compensation payable under this division is determined. (5) Interest is not payable to the claimant on the whole or any part of the compensation payable otherwise than in accordance with this section. Division 4.7 Dispute resolution 33 Expert determination (1) This section applies if a dispute arises between a claimant and the Territory. (2) The party in dispute must give the other party written notice of the dispute no later than 30 days after the dispute arises. (3) Unless the parties to the dispute otherwise agree— (a) as soon as is practicable after the notice under subsection (2) is given— (i) an independent expert must be appointed to decide the dispute; and (ii) the dispute must be promptly referred to the independent expert; and (b) a party may not commence legal proceedings in relation to the dispute if the dispute has not been first decided by the independent expert. (4) The person appointed as an independent expert, including the terms of the appointment, is— (a) as agreed in writing by the parties to the dispute; or (b) if the parties are unable to agree—a person nominated in writing by a relevant professional body declared by the Minister.

Part 4 Compensation Division 4.7 Dispute resolution Section 33 page 26 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If a dispute is referred to an independent expert, the expert must— (a) make a determination— (i) as an expert; and (ii) based on the information provided to them by the parties; and (b) give the parties written notice of the determination and reasons for it. (6) A determination by an independent expert— (a) is final and binding on the parties for the Act and any court proceeding under the Act; but (b) may be reviewed by a court of competent jurisdiction for legal error. (7) A declaration under subsection (4) (b) is a notifiable instrument. (8) In this section: dispute means a dispute about how compensation is worked out under this part.

Miscellaneous Part 5 Section 33A R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 33A Court to ensure just terms Nothing in this regulation excludes the jurisdiction of a court of competent jurisdiction to determine— (a) a question of law; or (b) the just terms for any acquisition of property under the Act, if— (i) the application of a provision of this regulation would result in just terms not being provided for the acquisition; or (ii) this regulation does not otherwise provide for it. 34 Effect of acquisition of security right on securityholder’s rights (1) This section applies to any security right that is taken to have been acquired by the Territory under the Act. (2) The securityholder retains, in relation to so much of the security as is not discharged by section 25 (Effect of compensation claim in relation to acquisition of security right), any right and remedy that the securityholder may have— (a) against Calvary; or (b) in relation to any interest that is still subject to the security.

Schedule 1 Amended Crown lease Section 1.1 page 28 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Amended Crown lease (see s 8) 1.1 Amendment of Crown lease The Crown lease is amended as follows: (a) text that is underlined is inserted into the Crown lease; (b) text that is struck through is omitted from the Crown lease.

Amended Crown lease Schedule 1 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Entered in the Register Book Volume Folio Registrar-General Section 167 Land (Planning and Environment) Act applies AUSTRALIAN CAPITAL TERRITORY LAND (PLANNING AND ENVIRONMENT) ACT 1991 Australian Capital Territory (Planning and Land Management) Act 1988 (C'th) ss 29, 30 & 31 LESSEE LEASE GRANTED pursuant to the Land (Planning and Environment) Act 1991 and the Regulations thereunder on the Sixteenth day of November One thousand nine hundred and ninety nine WHEREBY THE AUSTRALIAN CAPITAL TERRITORY EXECUTIVE ON BEHALF OF THE COMMONWEALTH OF AUSTRALIA (hereinafter called "the Commonwealth") grants to CALVARY HOSPITAL ACT INCORPORATED an

Schedule 1 Amended Crown lease page 30 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au LAND TERM association incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory having its principal office at Calvary Hospital Bruce in the said Territory (hereinafter called "the Lessee") ALL THAT piece or parcel of land situate in the Australian Capital Territory containing an area of 12.69 [insert area of private hospital land] hectares or thereabouts and being Block 1 Section 1 Division of Bruce [insert identifier for private hospital land] as delineated on Deposited Plan Number 2360 [insert deposited plan number for private hospital land] in the Registrar-General's Office at Canberra in the said Territory (hereinafter referred to as "the land") RESERVING unto the Territory all minerals TO HOLD unto the Lessee for the term of ninety nine years commencing on the sixteenth day of November One thousand nine hundred and ninety nine (hereinafter referred to as "the date of the commencement of the lease") to be used by the Lessee for the purpose set forth in sub-clause (a) of Clause 3 of this lease only YIELDING AND PAYING THEREFOR rent in the amount and in the manner and at the times hereinafter

Amended Crown lease Schedule 1 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au provided and UPON AND SUBJECT TO the covenants conditions and agreements hereinafter contained.

INTERPRETATION 1.1 IN THIS LEASE, unless the contrary intention appears: (a) Adjacent Land means [insert identifier for public hospital land]; (b) Australian Capital Territory Executive means the Executive established by section 36 of the Australian Capital Territory (Self- Government) Act 1988 (C'th); (c) Lessee shall – (i) where the Lessee consists of one person be deemed to include the Lessee and the executors administrators and assigns of the Lessee; (ii) where the Lessee consists of two or more persons be deemed to include in the case of a tenancy in common the persons and each of them and their and each of their executors administrators and assigns and in the case of a joint tenancy be deemed to include the said persons and each of them and their and each of their assigns and the executors administrators and

Schedule 1 Amended Crown lease page 32 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au assigns of the survivor of them; and (iii) where the Lessee is a corporation be deemed to include such corporation its successors and assigns; (d) Territory means – (i) when used in a geographical sense the Australian Capital Territory; and (ii) when used in any other sense the body politic established by section 7 of the Australian Capital Territory (Self Government) Act 1988 (C’th); 2. THE LESSEE COVENANTS WITH THE COMMONWEALTH as follows: RENT (a) That the Lessee shall pay to the Territory rent at the rate of ten cents per annum if and when demanded payable within one month of the date of any demand made by the Territory relating thereto and served on the Lessee; MANNER OF PAYMENT OF RENT (b) That any rent or other moneys payable by the Lessee to the Territory under this lease shall be paid to such person as may be authorised by the Territory for that purpose at Canberra in the said Territory without any deduction whatsoever.

Amended Crown lease Schedule 1 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3. THE LESSEE FURTHER COVENANTS WITH THE COMMONWEALTH as follows: PURPOSE (a) To use the said land only for the purpose of a hospital and ancillary services thereto and accommodation facilities for employees of the hospital and a residence and ancillary services for members of the Calvary Hospital ACT Incorporated who are conducting the hospital; BUILDING SUBJECT TO APPROVAL (b) That the Lessee shall not without the previous approval in writing of the Territory erect any building or structure other than a hospital or make any structural alteration to any building or erection on the said land; REPAIR (c) That the Lessee shall at all times during the said term maintain repair and keep in repair all buildings and erections on the said land all to the satisfaction of the Territory. In case of loss or damage to any buildings or other improvements on the said land which have been wholly paid for directly or indirectly by the Territory the Territory may in their absolute discretion at their own cost replace such buildings or other improvements as they think fit; FAILURE TO REPAIR (d) If and whenever the Lessee fails to repair or keep in repair any building or erection on the said land the Territory may by notice in writing to the Lessee specifying the wants of repairs require the Lessee to effect repairs in

Schedule 1 Amended Crown lease page 34 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au accordance with the said notice or to remove the building or erection and if after the expiration of one calendar month from the date of the said notice or such longer time as the Territory may in writing allow the Lessee has not effected the said repairs or removed the building or erection the Territory with such equipment as is necessary may enter upon the said land and effect the said repairs or (if the Territory is of the opinion the building or erection is beyond reasonable repair) may demolish and remove the building or erection; SUB-LETTING (e) Not to assign sub-lease or part with possession of any or all of the said land or buildings erections or improvements thereon without the previous approval in writing of the Territory; RIGHT OF INSPECTION (f) Subject to the provisions of the Land (Planning and Environment) Act 1991 to permit any person or persons authorised by the Territory to enter upon the said land at all reasonable times and in any reasonable manner and inspect the said land and any buildings erections and improvements thereon; RATES AND CHARGES (g) To pay all rates charges and other statutory outgoings assessed levied or payable in respect of the said land as and when the same fall due;

Amended Crown lease Schedule 1 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au LAND ACCESS (h) To permit any person or persons authorised by the Territory to enter upon the said land at all reasonable times and in any reasonable manner to enable access between the hospital on the Adjacent Land and any hospital on the land. 4. THE COMMONWEALTH COVENANTS WITH THE LESSEE that the Lessee observing and performing the covenants on the part of the Lessee to be observed or performed shall quietly enjoy the said land without interruption by the Territory; THE COMMONWEALTH FURTHER COVENANTS WITH THE LESSEE that while the Adjacent Land is owned or controlled by the Territory the Lessee (and/or any approved sublessee operating a hospital on the land) will be permitted to access any hospital on the Adjacent Land at such times and in such manner as is reasonably required for the purpose of the conduct of the business of a hospital operated from the land by the Lessee and/or their approved sublessee. 5. IT IS MUTUALLY COVENANTED AND AGREED as follows: SURRENDER (a) In the event of the expiration surrender or termination of the lease (not being termination arising under the next succeeding sub-clause) the Lessee shall not remove or be entitled to compensation for the value of any buildings or other improvements on the said land which have been wholly paid for directly or indirectly by the Territory. In respect of all other buildings and other improvements the Lessee may be paid such compensation as determined by the

Schedule 1 Amended Crown lease page 36 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Territory having regard to the financial contribution made by the Lessee in the construction of those buildings and other improvements provided that the amount or amounts payable as compensation shall not exceed the value or values of such buildings or other improvements at the time of the expiration surrender or termination; (b) In the event that the Lessee breaches or fails to comply with any of the terms and conditions of the Agreement made between the Australian Capital Territory and Calvary Health Care ACT Limited dated the seventh day of December two thousand and eleven which said Agreement deals with the construction establishment operation and maintenance of Calvary Hospital in the said Territory or any of the covenants of this lease or any applicable law of the said Territory the Territory without prejudice to any other remedy may give the Lessee thirty days notice requiring it to rectify such breach or omission and in the event that such breach or omission is not rectified within such time the Territory may forthwith terminate the lease and in that event the Lessee will be entitled to fair and reasonable compensation for the value of the buildings and other improvements having regard to the financial contributions made by the Lessee in the construction of those buildings and other improvements;

Amended Crown lease Schedule 1 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au FURTHER LEASE (c) Subject to the provisions of the Land (Planning and Environment) Act 1991 the Lessee shall be entitled to a further lease of the said land for such further term and at such rent and subject to such conditions as may then be provided or permitted by Statute Ordinance or Regulation; NOTICES (d) That any notice requirement demand consent or other communication to be given to or served upon the Lessee under this lease shall be deemed to have been duly given or served if signed by or on behalf of the Territory and delivered to or sent in a prepaid letter addressed to the Lessee at the registered office of the Lessee in the said Territory BUT if for any reason the Lessee does not have a registered office in the said Territory then at the usual or last-known address of the Lessee or affixed in a conspicuous position on the said land; EXERCISE OF POWERS (e) Any and every right power and or remedy conferred on the Commonwealth the Territory or the respective Ministers hereunder or implied by law may be exercised on behalf of the Commonwealth the Territory or the respective Ministers as the case may be by: (i) the Australian Capital Territory Executive; (ii) the Minister for the time being administering the Land (Planning

Schedule 1 Amended Crown lease page 38 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au and Environment) Act 1991 or any Statute Ordinance or Regulation substituted therefor; (iii) an authority or person for the time being authorised by the Australian Capital Territory Executive or the Minister referred to in (i) or (ii) above or by law to exercise those powers or functions of the Territory the Commonwealth or the relevant Minister; or (iv) the person to whom the Minister referred to in (ii) above has delegated all his powers or functions under the said Land (Planning and Environment) Act 1991 or any Statute Ordinance or Regulation substituted therefor. IN WITNESS whereof the Australian Capital Territory Executive on behalf of the Commonwealth and the Lessee have executed this Lease. SIGNED, SEALED and DELIVERED by [insert delegate’s name] a person duly authorised by the Australian Capital Territory Executive for and on behalf of the Commonwealth in the presence of: Signature of delegate Signature of witness Name of delegate (block letters)

Amended Crown lease Schedule 1 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Full name of witness (block letters) Position of delegate (block letters) The Common Seal of CALVARY HOSPITAL ACT INCORPORATED was affixed hereto by the authority of the Local Council and in the presence of: Signature of authorised person Signature of witness Name of authorised person (block letters) Full name of witness (block letters) Position of authorised person (block letters)

Dictionary page 40 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions relevant to this regulation. For example: • head of service • notifiable instrument • the Territory • territory law. Note 2 Terms used in this regulation have the same meaning that they have in the Health Infrastructure Enabling Act 2023. For example, the following terms are defined in the Act, dict: • acquisition day (see s 7) • Crown lease • director-general (see s 23 (1)) • hospital land • interest, in the public hospital land or a public hospital asset • network agreement • public hospital assets • public hospital contract • public hospital employee • public hospital land • security • securityholder • security right. acquisition, for part 4 (Compensation)—see section 9. claim, for part 4 (Compensation)—see section 9. claimant, for part 4 (Compensation)—see section 9. compensation—see the Act, section 10 (5). market value, for part 4 (Compensation)—see section 9. miscellaneous interest, for part 4 (Compensation)—see section 16.

Endnotes About the endnotes 1 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 41 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 42 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Health Infrastructure Enabling Regulation 2023 SL2023-11 notified LR 2 June 2023 s 1, s 2 commenced 2 June 2023 (LA s 75 (1)) remainder commenced 2 June 2023 (s 2 and see Health Infrastructure Enabling Act 2023 A2023-17 s 2) as amended by Health Infrastructure Enabling Amendment Regulation 2023 (No 1) SL2023-14 notified LR 28 June 2023 s 1, s 2 commenced 28 June 2023 (LA s 75 (1)) remainder commenced 29 June 2023 (s 2)

Endnotes Amendment history 4 R2 29/06/23 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Person not entitled to compensation by more than 1 means s 9A ins SL2023-14 s 4 Matters relevant to working out compensation—Calvary’s interest in the public hospital land s 10 am SL2023-14 s 5; pars renum R2 LA Matters excluded from compensation—Calvary’s interest in the public hospital land s 11 om SL2023-14 s 6 Matters excluded from compensation—security interests s 14 om SL2023-14 s 7 Matters relevant to working out compensation—miscellaneous interests s 17 am SL2023-14 s 8 Matters excluded from compensation—miscellaneous interests s 18 om SL2023-14 s 9 Claims for compensation——generally s 20 am SL2023-14 s 10, s 11; ss renum R2 LA Expert determination s 33 am SL2023-14 s 12 Court to ensure just terms s 33A ins SL2023-14 s 13 Excluded public health service—Act, dict, def public health service, par (b) s 35 om SL2023-14 s 14

Endnotes 5 Earlier republications page 44 Health Infrastructure Enabling Regulation 2023 Effective: 29/06/23 R2 29/06/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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– 28 June 2023 not amended new regulation © Australian Capital Territory 2023

This section sets out a practical checklist for the main stakeholder groups derived from the text. It focuses on steps that create or preserve rights and minimise loss.

For public hospital employees

Determine eligibility promptly: confirm “public hospital employee” status immediately before acquisition day and check eligibility under Public Sector Management Act 1994 and whether s 138 applies (s 5(1)(b)-(c)).
Respond to the written offer in time: accept the Territory’s written offer before acquisition day or by any later date notified by the head of service to secure transfer (s 5(3)).
Seek records of entitlements: ensure documentation evidencing accrued annual, long service and personal leave is preserved because the Territory assumes liability for accrued entitlements on transfer (s 5(4)(b)-(c)). If a redundancy offer has been made by Calvary, check the effect on eligibility under s 5(1)(d)-(e).

For Calvary and related corporations

Prepare documentation for claimed losses and mitigation: compile evidence of funding sources for buildings and capital items (s 10(1)(b)(iii)), records of any financial advantages incidental to the lease, and all costs incurred complying with the Act (s 10(1)(e)-(f)).
Mitigate losses: take steps such as pursuing insurance, indemnities or other contractual recovery for losses alleged to flow from the acquisition (s 10(2) example).
Cooperate on contract novation: use “all reasonable endeavours” to procure novation/assignment and obtain consents or execute deeds where third-party consents are required (s 7(2)). If a nominated contract cannot be novated, prepare to account to the Territory or hold the benefit on bare trust per s 7(4).
If securityholder, decide to claim or waive promptly on Territory notice under s 15(2) to avoid automatic waiver.

For securityholders (lenders)

Assess exposure and prepare claim data: calculate the total value of the impact on secured debt arrangements and be ready to show calculations, debt schedules and the principal secured by the security as required by s 21(1)(e) and s 13(1)(a).
Respond to waiver notices: if the Territory gives a notice under s 15(2), make a timely election to claim or waive within 30 days or be taken to have waived rights (s 15(3)).
Anticipate discharge mechanics: if claim is pursued, be prepared to execute a discharge on payment as required by s 25(3) and coordinate with Calvary/territory on timing and documentation.

For third-party contract counterparties to nominated contracts

Review contract assignment/novation clauses: identify consent requirements and termination rights that may be triggered by s 7. If novation is intended by the Territory under s 7(5), note the 7-day minimum notice the Territory must give under s 7(5) and the 6-month post-novation termination right under s 7(7)(b).
Prepare to negotiate assignment terms or exercise termination rights within statutory windows.

For claimants in relation to miscellaneous interests

Lodge timely claims in writing with full particulars and calculations: follow s 21 required content, including how amounts are worked out and any ancillary impacts on other interests (s 17(1)(ii)-(iii)).
Preserve evidence of diminution or direct losses and steps taken to mitigate (s 17(1)(b)-(c), s 17(2)).

For the Territory and decision makers

Issue employment offers per s 5(1) and record acceptance timelines; account for accrued entitlements and be prepared to meet s 5(5) liabilities.
If nominating contracts for novation, give clear written notification to Calvary and prepare for potential residual contract trust/accounting arrangements per s 7(4).
Add administrative templates: create claim forms and guidance reflecting s 21 minimum content and anticipate requests for information under s 22.
Manage timetables: prepare to decide initial claims within 12 weeks of receipt of claim or requested information (s 23), and to reconsider and make a final offer within 12 weeks of a claimant’s rejection (s 29(1)(a)). Ensure process compliance to avoid deemed rejections (s 27(5)).
Specify interest and payment processes: compute interest under the correct statutory rules (ss 31-32) and have standard documents for deeds of release and title evidence required before payment (s 30(2)).

For advisers (lawyers, valuers, accountants)

Ensure valuation methodologies are tailored to statutory valuation factors: for Calvary’s lease, include market value, additional incidental advantages, consideration of nominal rent history and public funding of capital items (s 10(1)); for security rights, quantify the impact on debt arrangements (s 13(1)(a)); for miscellaneous interests adhere to market value and diminution analyses (s 17(1)).
Prepare for expert determination: assemble concise documentary and expert evidence tailored to the expert process rules (s 33), bearing in mind finality for factual determinations subject only to legal error review.
Monitor for notifiable instruments and director-general determinations that can change claim procedure or content requirements (s 21(5)-(6), s 33(7)).

Record-keeping and timeline checklist (minimum compliance steps)

T0 (immediately): identify whether you are a claimant, securityholder, employee, Calvary or third-party counterparty; record acquisition day and check the 12-month claim window (s 20(2)).
T1 (within days): secure all relevant title and contract documents, mortgage and debt schedules, funding records for capital items, employee records of accrued entitlements, and any insurance or indemnity documentation as mitigation.
T2 (weeks): prepare and submit written claim in the required form with full calculations if claiming compensation (s 21(1)); if you are a lender, respond to any s 15 notice quickly.
T3 (upon correspondence): comply promptly with any director-general request for further information (s 22) and keep records of all communications and offers for potential dispute referral.
T4 (if in dispute): notify the other party in writing of the dispute within 30 days of it arising (s 33(2)), consider expert nomination options and prepare expert evidence, and do not commence litigation before expert determination unless the parties agree otherwise (s 33(3)(b)).

Adherence to these steps will preserve statutory claims and reduce the risk of waiver, reduce exposure to unrecoverable costs, and align evidence submission with the expert determination process and the director-general’s timeframes.

Health Infrastructure Enabling Regulation 2023

Plain English Summary

Deep Dive

What it does

Current sections

Health Infrastructure Enabling Regulation 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