Calvary Hospital’s Catholic board seeks injunction over ACT takeover

The court challenge to the forced takeover is aimed at failure of the new laws to set fair compensation for the hospital that has been serving Canberra for 47 years.

Calvary Hospital.

The board of Canberra’s Catholic public hospital is set to seek an injunction against the Labor-Greens’ ACT government-forced takeover of the hospital amid fears it sets a precedent for the takeover of a Catholic-run palliative care centre.

After a short debate the ACT Legislative Assembly was due to pass the compulsory acquisition of Calvary Hospital in Canberra’s north late Wednesday despite the fears of political and religious leaders it would set a national precedent for forced takeover of church-run services.

The court challenge to the ACT government’s forced takeover of Calvary Hospital is aimed at failure of the new laws to set fair compensation for the hospital that has been serving Canberra for 47 years.

There are also concerns the manner of the acquisition will encourage other governments to take control of church provided education, medical, child and aged care services.

Calvary National Chief Executive, Martin Bowles, said the new laws did not indicate any commercial terms for the takeover of the hospital and there was no choice but to make a legal challenge to the new legislation.

“All we have is an announcement and an imposed unrealistic timeline that has distressed our people and could ultimately put clinical safety at risk,” Mr Bowles said.

The acting leader of the ACT Opposition, Jeremy Hanson, said the ACT Health Minister, Rachel Stephen-Smith, had refused to rule out the Government compulsory acquiring palliative care centre Clare Holland House.

“Clare Holland House is a very highly regarded palliative care unit that has been providing an important service to the people of Canberra,” Mr Hanson said.

Anthony Albanese and Federal Health Minister, Mark Butler, have backed the ACT Government’s forced acquisition of the Catholic public hospital without setting out compensation.

Peter Dutton had called on the Prime Minister to intervene as leader of the Commonwealth to prevent a dangerous precedent which would allow the takeover of church-run services around Australia.

The Catholic Archbishop of Sydney, Anthony Fisher, has also called for a direct email appeal to the Prime Minister to ask for intervention to protect religious freedom and reassure religious organisations they will not have contracts for health and aged care “ripped up”.

On Wednesday the Opposition Leader said: “This is an extraordinary attack on freedom of religion and on the rights of private and religious health care providers to care for the sick. It sets a dangerous and unsettling precedent for every faith-based school, aged-care provider, or social welfare service.”

“This is a Territory law. The commonwealth government can and should intervene to override the ACT government and make clear that it will not stand for this outrageous hostile acquisition,” Mr Dutton said.