Paul Scarr (Queensland, Liberal Party) Share this | Hansard source

I rise in relation to this matter to support the comments of my colleague Senator Caravan. I listened very carefully to Senator Pocock's remarks. I understand and empathise with his desire, that this is a matter which should properly fall within the province of the ACT government. But I would say to him—through you, Madam Acting Deputy President—have a look at how the ACT government has dealt with this matter. When this legislation was first reported upon, I went and read the legislation. I haven't seen anything like this anywhere in Australia. It is extraordinary. The fact that this legislation would be introduced and passed without an inquiry within the ACT parliament and inadequate consultation with the faith based institution is just extraordinary. Senator Canavan has talked about the impact on employees being forced into this terrible situation. The compensation is to be worked out sometime in the future under regulations. It's just extraordinary.

Through you, Madam Acting Deputy President, I say to Senator Pocock: I have seen nothing like this. Our offices across Australia are being inundated with concerns about this. Many people involved in faith based institutions, be they hospitals or schools, are concerned this will happen to their institutions. This has caused a lot of concern across the whole of Australia. Across state and territory borders, there's a lot of concern. I personally have a deep concern as to whether or not the ACT government would do this if it weren't a faith based institution and whether or not they think a faith based institution is an institution that can be subject to this sort of predatory behaviour, as it was described by Senator Ruston. That causes me deep concern. Religious based institutions have been providing health care and education services for centuries. In many cases they were the only provider of those services for centuries. And here we have the ACT government adopting such a belligerent approach. It is absolutely extraordinary.

I have read Senator Pocock's amendment. I would say to Senator Pocock—through you, Madam Acting Deputy President—they had no desire to have an inquiry at all. Perhaps there would have been a way through this if they'd said, 'Let's give them the opportunity to have their own inquiry first before we act.' Perhaps that would have been a pathway forward. But they have absolutely no desire whatsoever to have any inquiry. The end result of that will be, if the ACT doesn't determine to have its own inquiry, that the people of the ACT will be left with no inquiry at all. The fallback option, because the ACT assembly doesn't have an upper house, is this Senate. I would have been reasonably satisfied if it were a fallback option, if there weren't an inquiry in the ACT where all the parliamentarians of all the parties within the ACT had conducted their own inquiry and all Canberrans had the right to have input with respect to a public inquiry. But they have been denied that opportunity. So, unless there is an inquiry here, there will be an inquiry nowhere. That is the issue.

I come back to the point that to have passed this legislation the way it was passed and for it to be put into effect on such short notice is just extraordinary. There was no consultation with those employees. They were given five weeks notice to determine whether or not they wanted to take redundancy or continue within the organisation. I have no idea as to whether or not the ACT government has really thought through all of the different issues arising from such a complicated compulsory acquisition of this nature—that is, acquiring a hospital. You have the physical assets. You have all of the contracts and relationships between contractors and the hospital and between patients and the hospital. There's staff. This is extraordinarily complicated. There are the privacy issues. It is just extraordinary. I genuinely find it nearly impossible to fathom that a government of any state or territory would go down this path. I find it absolutely nearly impossible to fathom. I think there should be an inquiry somewhere. There needs to be an inquiry somewhere. The reality is, if it's not in this place, there won't be one. If the ACT government—and maybe Senator Pocock can continue his discussions with them—refuse to have an inquiry, given an opportunity, then I think Canberrans deserve to participate in an inquiry somewhere else. If the ACT isn't prepared to do it, I think this Senate should be used as the vehicle to deliver it.