The toughest negotiation I have ever been involved in was with the Sisters of Mercy. At the time I was helping to negotiate, on behalf of the Queensland Government, the purchase of land near the Mater Hospital in Brisbane.
The “sisters” (although none were actual nuns) would constantly re-litigate matters previously settled and pushed us hard all the way. As the saying goes, the Sisters of Mercy show no charity and the Sisters of Charity show no mercy.
But to the Queensland Government’s credit, they negotiated in good faith, paid what they had to, to acquire the land and life moved on.
Compare that to the heavy-handed behaviour of the ACT Labor-Greens Government in the past few weeks. They too were negotiating with sisters (in this case the Little Company of Mary) to buy a hospital, land and end a contract to provide public services at the Calvary Hospital in north Canberra. Last November the negotiations went quiet.
The Little Company of Mary did not hear from the ACT Government again for 6 months. Their CEO was then called in to meet the Minister where he told them they were ending negotiations, they would instead introduce legislation to take over the Calvary Hospital using the ACT Government’s compulsory acquisition powers.
To do this the ACT Government would need legislation and they rushed that through within weeks without even the quickest of inquiries. The legislation gives the ACT Government the power to use police force to take over the assets of the Little Company of Mary with just two months notice.
The ACT Government’s extraordinary actions have both local and national implications.
At a local level the ACT Government has just thrown the livelihoods of 1800 health workers into disarray. They have just weeks to decide whether to take a redundancy or transition to work for a large government bureaucracy. Once again the so-called Labor party rides roughshod over workers’ rights.
I have a personal connection here. My wife and I had our second child at Calvary. The nurses and doctors were fantastic and provided the kind of care that only a small, not-for-profit community service can. It will be a disaster to not allow people to have a choice of health services in the Canberra region.
That is why I have moved this fortnight to establish a Senate inquiry. The people of Canberra, and the workers of Calvary, deserve to have their say, a voice that was denied to them by their own government.
But the other reason I have acted is because the ACT Government’s midnight raid on private assets sets a dangerous precedent. All Australian Governments have the power to take assets. In the ACT Government’s case that power is provided by a Commonwealth statute that reflects the constitutional provision that any such acquisition must be made on just terms. This is the provision that was at the centre of the movie *The Castle*.
While this power exists, it should be used sparingly, carefully and only after all other options have been exhausted. If Australian Governments start using the power like the ACT Government has, why would anyone sign contracts with a government that is willing to just turn around and unilaterally end that contract if they change their mind?
In this case the ACT Government, which was also a Labor-Greens government at the time, signed an 88 year contract with Calvary to provide public hospital services. Governments should not act as bullies in the commercial marketplace and break contracts on a whim.
What seems to be behind the ACT Government’s actions in this case is an unhealthy bias against Catholic services. Catholic hospitals have provided excellent care for millions of Australians, including in Central Queensland. If the ACT Government gets away with its draconian tactics, other faith-based services in aged care and schools could be next.
That would be a great loss for our country because they do not do such a great job running their own hospitals and schools that they should be able to get away with rubbing out their competition.
