Statement on Supreme Court decision

The ACT Government welcomes the Supreme Court’s decision upholding the validity of the Health Infrastructure Enabling Act 2023.

The ACT Government is conscious that Calvary’s challenge to Health Infrastructure Enabling Regulation 2023 remains on foot, and accordingly, any comments we can make are limited.

However, aspects of the transition process that have now been found to be valid under the Act can commence.

The Transition Team will formalise a transition plan with Calvary early next week, which will guide how the transition period will be managed operationally.

This plan describes the critical activities that must be complete before the acquisition date of 3 July 2023, including:

* providing onsite support and information to Calvary Public Hospital Bruce workforce;

* seeking agreement with Calvary to novate relevant human resource system contracts;

* determining which ICT assets and equipment Calvary will retain;

* identifying other contracts that will be novated to Canberra Health Services; and

* agreeing on a mechanism to collect required employee data.

The ACT Government’s top priority during this transition is supporting the workforce and ensuring continuity of care for our community.

Quotes attributable to Chief Minister Andrew Barr:

“This is welcome outcome, the ACT Government can now begin the formal transition process with Calvary, and we have a path forward to deliver an expanded and modern hospital for Canberra’s northside.

“The plan to consolidate our public hospitals and create a single network will allow us to better coordinate our health services, distribute resources effectively, strengthen the capacity of our workforce, plan infrastructure on a Territory-wide basis, and improve health outcomes for all Canberrans.”

“Calvary has played a valuable role in the delivery of public hospital care in the ACT and I thank all staff, past and present, for their dedication to our community. The ACT Government looks forward to our continuing partnership with Calvary for the provision of healthcare services in the ACT.”

Quotes attributable to Minister for Health Rachel Stephen-Smith:

“Today’s decision provides certainty for staff and the community that we are moving forward with the transition and delivering a new hospital on Canberra’s northside.

“We will work to provide the workforce, patients and carers the information they need during the transition period. We are committed to consulting with them and making their voices heard as we bring together our public hospital and health services.

“We will also work as quickly as possible with Calvary to come to a final decision on the future operation of Clare Holland House and the associated palliative care services. I am conscious that Clare Holland House staff continue to face uncertainty, but I can assure them that our conversations with Calvary reflect the feedback that we have already heard and we will engage with them directly as soon as possible.”

/Public Release. View in full here.