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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
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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).
Section 1 - Health Infrastructure Enabling Regulation 2023 - Health Infrastructure Enabling Regulation 2023 | Zoe
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contents 1
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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
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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
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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
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Australian Capital Territory
Health Infrastructure Enabling
Regulation 2023
made under the
Health Infrastructure Enabling Act 2023
Part 1 Preliminary
Section 1
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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
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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
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(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
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(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
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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
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(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
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(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
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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
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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
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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
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(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
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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
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(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
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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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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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
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(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
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(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
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(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
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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
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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.
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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
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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
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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
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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.
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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
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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;
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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
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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;
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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
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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)
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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
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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
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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
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