Local health service Shaping Outcomes to sue state government after eviction from Tweed Hospital site

A critical service for hundreds of Gold Coast families is preparing for legal action against the NSW government after eviction from the old Tweed Hospital site.

A disability support service with hundreds of Gold Coast and Tweed Heads clients is preparing to sue the NSW Government claiming it was “forcefully” evicted from a hospital.

Early childhood disability intervention service Shaping Outcomes risks shutting after it was told there was “no space” for it at the new Tweed Valley Hospital site.

Northern NSW Local Health District (NNSW LHD) issued Shaping Outcomes with an eviction notice in February after 43 years operating from a community-built building on the old Tweed Hospital grounds.

Shaping Outcomes, an early childhood disability intervention service, has been operating since 1986 from the grounds of the old Tweed Hospital site. Picture: Supplied

The building, erected in 1986 by the Coolangatta/Tweed Heads Rotary Club, has provided disability support to thousands of south-east Queensland and northern NSW kids and families.

The service has 450 children aged zero to nine on its programs and the building sits on NSW Government land.

On May 14, the Tweed Hospital closed with all services, staff and almost 150 inpatients relocated to the new Tweed Valley Hospital site - except for the disability service.

Shaping Outcomes CEO Colin Usher said the eviction “blindsided” the organisation which had been assured by Tweed Hospital managers it would “never be [left] out in the cold”.

“Up until October/November last year, we’ve had representatives from the hospital saying they were looking at ways for us to remain here at the old site,” Mr Usher said.

“Two months later we got the eviction notice – it was quite a shock.”

CEO of Shaping Outcomes Colin Usher said the organisation is preparing to fight the NSW Government after being evicted from a building built by the community for their service. Picture: Supplied

Mr Usher said in four years as CEO, he had contacted the NSW Government on multiple occasions with concerns regarding redevelopment plans.

In 2016, a then chair of the NNSW LHD Board said Shaping Outcomes would be included in consultation processes “in due course”.

Mr Usher said the organisation was never included in any consultation despite repeated communication attempts.

A NNSW LHD spokesperson said the health district “remains in discussion” with the service “regarding decommissioning plans”.

“Regarding the future of The Tweed Hospital site, a portion of the site is currently retained for a community health service providing a range of clinics and community outreach services as well as the existing BreastScreen NSW service.

“NSW Health is considering future uses of the remaining majority portion.”

NNSW Local Health District said there was no space and no funds to include Shaping Outcomes at the new Tweed Valley Hospital site. Picture: Dean Whitling/Supplied

Mr Usher said Shaping Outcomes has engaged legal representation.

“We believe we have a strong case. When you’ve made financial investments based on promises and that promise has been reneged upon, so you’ve incurred significant financial loss. That’s the situation we’re in.”

Mr Usher said for decades the service benefited from ongoing Tweed Hospital assurance that should redevelopment processes impact their services, the organisation would be appropriately compensated.

In 1997, a letter from the NSW Government states “equivalent facilities” would be provided either “on the existing site or on a new hospital block” should Stage 3 redevelopment impact their services.

“If your facilities need to be moved or demolished, then the appropriate work will be undertaken to duplicate your existing facilities at a new location.”

The old Tweed Hospital.

A child using the sensory swing at Shaping Outcomes, funded with a grant from Northern Rivers Community Foundation. Photo: Supplied

Mr Usher said the organisation had similar reassurances for years, with the community investing more than $600,000 into building repairs and maintenance.

Since eviction, he said: “We’ve managed to secure a commercial lease on a property so we can continue to operate, which is an extra expense we didn’t budget for.

“(The owners) been extremely generous, so our lease is very low. We’ve also got support from community organisations, the Rotary club – we’ve received letters of support.

“It’s our communitypicking up the slack and it’s our community bearing the cost of this decision.

“It’s been absolutely devastating, not just for us but families we support. Our service is so vital and critical for children with developmental or physical disability.

“All we want is for the NSW Government to make good and hold true to the promises that they’ve made over the four decades of our working relationship.”

Originally published as Local health service Shaping Outcomes to sue state government after eviction from Tweed Hospital site