Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) AMENDMENT
BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Canavan)
AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT)
AMENDMENT BILL 2023
OUTLINE
On 11 May 2023 the Australian Capital Territory (ACT) Government announced it would be
acquiring Calvary Public Hospital, its land and its assets, effectively terminating their
remaining 76-year contract and forcibly transferring Calvary staff employed at the public
hospital to ACT Health.
This decision was made with no consultation, and no inquiry by the Legislative Assembly
prior to the announcement.
This has resulted in significant public outcry well beyond the borders of the ACT and
legitimately raised questions about the precedent this action creates, for example for faith-
based schools in the future.
The purpose of this Bill is to insert a requirement that the ACT Government conduct an
inquiry into the ACT legislation that enables the acquisition. This does not impact on the
ACT Government's rights to make decisions, it is intended to ensure that there is public
consultation with the decision that has been made, so that people have the ability to have their
voices heard.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. Clause 2 provides that the Bill commences on the day on which it receives the Royal
Assent.
Clause 3: Schedules
3. Clause 3 provides that each Act specified in a Schedule to this Act is amended or
repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to
this Act has effect according to its terms.
Schedule 1--Amendments
Australian Capital Territory (Self Government) Act 1988
Item 1 - At the end of Part IX
4. This item adds a new section 75 to the end of Part IX of the Australian Capital
Territory (Self-Government) Act 1988.
5. The new section would require the ACT Government to conduct an inquiry into the
ACT law enabling the Calvary Public Hospital acquisition (the Health Infrastructure
Enabling Act 2023 (ACT)), and to report before 30 June 2024.
6. The section is to sunset on 1 July 2025.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Capital Territory (Self-Government) Amendment Bill 2023
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
On 11 May 2023 the ACT Government announced it would be acquiring Calvary Public
Hospital, its land and its assets, effectively terminating their remaining 76-year contract and
forcibly transferring Calvary staff employed at the public hospital to ACT Health.
The purpose of this Bill is to insert a requirement that the ACT Government conduct an
inquiry into the Health Infrastructure Enabling Act 2023 (ACT).
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
This Bill engages human rights in a positive way by placing a requirement for an inquiry into
the Health Infrastructure Enabling Act 2023 (ACT) by the ACT Government.
Conclusion
This Bill is compatible with human rights because it advances the protection of human rights
by requiring the conduct of an inquiry into the law enabling the Calvary Public Hospital
acquisition.
Senator Canavan