Reproductive healthcare controversy and government acquisition

Since initial discussions by the ACT Government regarding a take over the hospital in 2009, public and political debate has centred on the hospital's policies regarding many aspects of reproductive medicine.^[5] As early as 2007, a dispute between the Canberra Fertility Centre and LCMHC received national media coverage over restrictions placed on In vitro fertilisation (IVF) procedures at Calvary Public Hospital and the Calvary John James Private Hospital.^[9] During 2019, complaints to the ACT Human Rights Commission alleged the hospital was limiting the information and advice it provided to women on both abortion as well as options for contraception. As the public hospital for many of Canberra's northern districts, the commission was concerned that the hospital's guidance by Catholic doctrines on these issues was unfairly disadvantaging those on lower incomes who could not afford or easily travel to alternative health services.^[10]

During 2022, a Legislative Assembly committee launched an inquiry into abortion and reproductive rights in Canberra, partially in response to outrage surrounding the repeal of Roe v. Wade by the Supreme Court of the United States.^[11] The committee handed down its report in April 2023, which identified that Calvary Hospital's "religious ethos" was a barrier to accessing certain treatments and procedures that should be considered basic human rights.^[11][12] Central to this finding was the submission from a woman suffering from a natural miscarriage who claimed she was denied a dilation and curettage procedure at the hospital as this treatment can also be used for abortions. The hospital rejected this claim, saying it could not confirm that the woman presented for treatment, and that the government report misrepresented gynecological services and advice provided at Calvary. It sought to have aspects of the report's findings redacted.^[13]

Following the release of the inquiry's recommendations, in May 2023 the ACT Government announced that it planned to take over the hospital land and assets and to redevelop the site as part of a $1 billion healthcare campus for Canberra's northern districts.^[14] The planned acquisition followed attempts to purchase the hospital from LCMHC during 2010, when a deal was not possible as approval from the Vatican was expected to take several years. Archbishop of Sydney, Anthony Fisher, condemned the proposal as an abuse of property rights and religious freedom. He said that acquiring the hospital would force an "anti-life agenda" by performing abortions and assisted suicide. Fisher also criticised the government's management of Canberra Hospital as evidence of previous incompetence in delivering health services.^[15] While the government announced that all staff would be retained as part of the takeover, senior doctors on staff at the hospital and the ACT branch of the Australian Medical Association were also critical of the decision, upset about a lack of consultation by the government. These groups called on the enabling legislation to be delayed, providing certainty and stability for medical staff and guarantees that services would not suffer as a result.^[16] The opposition Canberra Liberals also criticised the acquisition.^[17][18][19]

On 11 May 2023, the Health Infrastructure Enabling Bill 2023 was introduced to the ACT Legislative Assembly, proposing to remove the public hospital land from the existing Crown lease and terminate the Calvary Network Agreement "on just terms", with provision for compensation. This legislation was passed by the Assembly on 31 May to assume control of the hospital on 3 July 2023.

This prompted an immediate legal challenge by Calvary Health Care, which said that the legislation was invalid and did not provide compensation on just terms. Federal Opposition leader Peter Dutton also called on the Prime Minister of Australia, Anthony Albanese, to intervene by overriding the ACT Government to stop the takeover.^[20] On 9 June 2023, the Supreme Court of the Australian Capital Territory dismissed Calvary Health Care's application for an injunction to stop the acquisition.^[21]

Workers began removing a large exterior cross and other Catholic iconography from the site on 2 July. The operations of Calvary Hospital were transited to Canberra Health Services the next day, and the facility is now known as North Canberra Hospital.