This bill did not become law and is no longer proceeding.
Government & democracy
The bill would make the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. Government hold an inquiry into the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. law used to acquire Calvary Public HospitalThis is the Canberra hospital the ACT Government moved to acquire, and it is the central subject of the bill and debate. so the takeover can be publicly examined.
The ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. Government’s May 2023 decision to acquire Calvary Public HospitalThis is the Canberra hospital the ACT Government moved to acquire, and it is the central subject of the bill and debate. without consultation or a prior inquiry exposed a gap in public scrutiny and sparked significant public outcry. This bill requires the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. Government to hold an inquiry into the law enabling the acquisition and report publicly so people can be heard.
After the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. government announced on 11 May 2023 that it would acquire Calvary Public HospitalThis is the Canberra hospital the ACT Government moved to acquire, and it is the central subject of the bill and debate., terminate the hospital’s remaining 76-year contract and transfer staff to ACT HealthThis is the ACT public health agency that the hospital staff were to be moved into after the takeover. without prior consultation or an inquiry, federal opponents moved to force a public examination of the takeover law. Senator Matt Canavan’s bill, introduced in June as the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law.’s Health Infrastructure Enabling ActThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. took effect in July, would have required an inquiry and public report on that law, but the Senate rejected it in September 2023.
The main case against the bill was that it lets the federal parliament interfere in ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. self-government by ordering a territory inquiry into a local hospital decision. That criticism was raised by Labor, the Greens and Senator David Pocock, who said Canberrans and the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. Assembly should handle accountability themselves and that another inquiry was unnecessary.
Senator Matthew Canavan introduced this bill. It was supported by Liberal Party, Nationals, One Nation, some crossbench members; opposed by Greens, Labor, some crossbench members; and did not pass.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
Did not pass
1 recorded vote before the bill stopped proceeding
Time before failure
86 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
The bill would make the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. Government hold an inquiry into the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. law used to acquire Calvary Public HospitalThis is the Canberra hospital the ACT Government moved to acquire, and it is the central subject of the bill and debate. so the takeover can be publicly examined.
The bill would not stop the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. Government making the hospital acquisition, but it would require public consultation so Canberra residents can be heard after the decision.
The ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. Government would have to deliver the inquiry report by 30 June 2024, setting a deadline for public findings on the hospital acquisition law.
The inquiry requirement would automatically end on 1 July 2025, so this oversight measure would be temporary rather than permanent.
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.Australian Capital Territory (Self-Government) Amendment explanatory memorandum
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.Australian Capital Territory (Self-Government) Amendment explanatory memorandum
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.Australian Capital Territory (Self-Government) Amendment explanatory memorandum
The section is to sunset on 1 July 2025.Australian Capital Territory (Self-Government) Amendment explanatory memorandum
Context
After the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. government announced on 11 May 2023 that it would acquire Calvary Public HospitalThis is the Canberra hospital the ACT Government moved to acquire, and it is the central subject of the bill and debate., terminate the hospital’s remaining 76-year contract and transfer staff to ACT HealthThis is the ACT public health agency that the hospital staff were to be moved into after the takeover. without prior consultation or an inquiry, federal opponents moved to force a public examination of the takeover law. Senator Matt Canavan’s bill, introduced in June as the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law.’s Health Infrastructure Enabling ActThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. took effect in July, would have required an inquiry and public report on that law, but the Senate rejected it in September 2023.
ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. government announces takeover of Calvary Public HospitalThis is the Canberra hospital the ACT Government moved to acquire, and it is the central subject of the bill and debate.
The announcement said the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. would acquire the hospital, its land and assets, end Calvary’s remaining 76-year contract and transfer public hospital staff to ACT HealthThis is the ACT public health agency that the hospital staff were to be moved into after the takeover. without prior consultation or an inquiry.
Australian Capital Territory (Self-Government) Amendment explanatory memorandum ↗Federal bill is introduced to force an inquiry into the takeover law
Senator Canavan introduced a bill to make the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. government hold an inquiry into the law behind the Calvary acquisition and publish a report by 30 June 2024.
Parliamentary timeline ↗ACT HealthThis is the ACT public health agency that the hospital staff were to be moved into after the takeover. Infrastructure Enabling ActThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. takes effect
By the time the Senate resumed debate, supporters said the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. law enabling the Calvary takeover had already commenced on 3 July.
Hansard ↗Senate rejects the bill at second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there.
The second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there. was negatived, so the proposed federal requirement for an ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. inquiry into the takeover did not proceed.
Parliamentary timeline ↗Legislative route
A minister or sponsoring member moved the second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there., opening the main debate on the bill's purpose and principles.
Second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there. moved
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Referred to Committee (22/06/2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (06/09/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there. negatived
Key criticism
The main case against the bill was that it lets the federal parliament interfere in ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. self-government by ordering a territory inquiry into a local hospital decision. That criticism was raised by Labor, the Greens and Senator David Pocock, who said Canberrans and the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. Assembly should handle accountability themselves and that another inquiry was unnecessary.
Criticism focused on constitutional overreach and duplication, not on the goal of public scrutiny itself.
Federal overreach into ACT self-government
Opponents argued the bill wrongly directs the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. government on a matter that should be decided by the territory’s own institutions, setting up unnecessary federal intervention in local self-government.
Inquiry seen as unnecessary and duplicative
Critics said the bill adds an inquiry the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. does not need because the hospital transition had already followed consultation and the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. government could already be judged through its assembly and elections.
Further sources
Votes
These were the main recorded votes on the bill.
Defeated 26 to 32. Support came from Liberal Party, Nationals, and One Nation. Opposition came from Greens, Labor, and minor parties and independents. Minor-party and independent votes were split.
These are votes on the bill itself rather than amendment votes.
Parliamentary debate
Start here — lead voices
Canavan supports the bill and says it should force the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. government to hold an inquiry into the Calvary takeover.
Read in Hansard ↗White says the government will oppose the bill because the Senate should not interfere with ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. self-government or direct the territory over the hospital decision.
Read in Hansard ↗Roberts says he strongly supports the bill because he wants the Senate to investigate and push back on the ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. government's takeover of Calvary HospitalThis is the Canberra hospital the ACT Government moved to acquire, and it is the central subject of the bill and debate., which he describes as an attack on religion in health care.
Read in Hansard ↗Pocock says he will not support the bill because he sees it as an attack on ACTThe ACT is the territory government being discussed, and this bill would make that government hold an inquiry into its hospital takeover law. territory rights and an overreach by the federal parliament into decisions that should be made by Canberrans.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 oppose
“The ACT government's decision is not part of a wider plot to undermine religious freedom in Australia. It was a government decision which would have been taken had the administrators of the hospital been based in faith or not. On that basis, I'm glad that the government will not be supporting the passage of this bill.”Read the full speech in Hansard ↗
3 speakers · 4 contributions · 3 support
“I think that demonstrates exactly what this is about. I think it's sending all the wrong messages. It's demonstrating the DNA of a Labor government and what they do if given too much power and too much control. I fear other steps they might take across the country. I'm very disappointed. I really do urge those that are listening to this debate, and those senators that in a moment will have a chance to vote on this, to support this very sensible bill that's been put up. I urge senators to support it in the strongest possible way, and of course that is by coming in here and voting for this legislation.”Read the full speech in Hansard ↗
“Let me tell you that the takeover of Calvary Hospital has nothing to do with an attack on territory rights. It is an attack on religion and it is an attack on the right to hold property. Section 116 of the Constitution says there is a thing called freedom of religion and, whether or not you like it, governments don't get to walk in and seize property whenever they don't like what is going on. So I think that this bill should be passed, because what has happened here is just the start. One of the reasons the ACT government has given is that somehow a one-provider service model will give you the best outcomes. Since when has having monopolies controlling any sort of system or any sort of service the ideal outcome?”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“Finally I want to tackle the question of whether it is ever appropriate for one legislature to inquire into or to draft legislation in relation to the actions of another legislature. There have been various contributions on that topic of principle during this debate. My view on this is really simple. There are circumstances in which it is reasonable for a legislature to put forward a piece of legislation or to inquire into the activities of another legislature. They are, firstly, when it can be demonstrated a systemic failure by that legislature is impacting the members of the community served by that legislature who are also represented in the relevant chamber or the executive position of power and, secondly, when it can be demonstrated that there has been a systemic attempt to cover up said failure by a legislature or executive body. In those circumstances it is appropriate for a legislature, within the bounds of the Constitution, to draft and pass legislation in relation to that legislature. Those thresholds have not been met in this circumstance and no reasonable case can be made that they have been. In the absence of evidence otherwise there should be no course for this chamber other than to reject a bill such as the one we are discussing today.”Read the full speech in Hansard ↗
1 speaker · 1 support
“Federal parliament has precedence over ACT law. This matter is rightly within the Senate's purview, and I am strongly in support of this bill. I said this before and I'll say it again: my message to Canberra health autocrats is God decides who lives or dies, not you.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“I will not be supporting this bill and I urge my colleagues to not turn their backs on territory rights after we have just finally got them back.”Read the full speech in Hansard ↗
Record
Senate · Second reading moved
Second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there. opened
A minister or sponsoring member moved the second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there., opening the main debate on the bill's purpose and principles.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading debate
Second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there. debate
The bill reached this recorded parliamentary step.
Senate · Second reading negatived
Second readingThis is the stage where senators debate whether a bill should proceed in principle, and the page says the bill was rejected there. debate
The bill reached this recorded parliamentary step.
Senate Legal and Constitutional Affairs Legislation Committee; Committee report (06/09/2023)
Referred to committee
Referred to Committee (22 June 2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (6 Sept 2023)
APH bill page notes
