Catholic Hospital Takeover by State Authorities Driven by Ideology: Law Professor

A generic view of Calvary Hospital in Canberra, Australia on May 11, 2023. (AAP Image/Lukas Coch)

The ACT government’s move to take over Calvary Hospital, a Catholic institution, is driven by ideology rather than operational concerns, says law professor Joanna Howe.

“If this decision was just about efficiency, then the government would have its sights set on Canberra Hospital [the largest hospital in the ACT] which is performing far worse than Calvary in terms of hospital waiting lists and emergency times,” the professor at the University of Adelaide, told The Epoch Times.

Howe said Calvary’s opposition to providing abortion services was emblematic of this ideological push from the Australian Capital Territory’s (ACT) Labor-Green government.

“We can also see that the Greens and Labor have been waging a campaign against Calvary because it won’t provide abortions due to its institutional conscientious objection,” she said.

“We see that the ACT parliamentary report released a month before the decision to compulsorily acquire Calvary has a specific section attacking the hospital on spurious grounds that the CEO of Calvary later rejected entirely,” Howe added.

“This decision tramples over property rights, it breaks a 76-year contract, and it sets a terrifying precedent that the ACT government can go after individuals and institutions simply because it doesn’t agree with them. That’s what this decision is about. It’s about ideology.”

The takeover is currently tied up in a legal battle, with Calvary Health Care submitting an injunction bid to the local Supreme Court to halt the process.

ACT Chief Justice Lucy McCallum is deliberating the matter, confirming the court will finalise its decision on June 13 at the very latest.

Should the injunction be granted, it is likely that the hospital’s formal acquisition date will be pushed back. Should it be denied, the takeover will go ahead on its current set date of July 3.

The ACT government is waiting on the court’s decision but said it was moving ahead with renovation work at Calvary.

“The plan to consolidate our public hospitals and create a single network will allow us to better coordinate our health services, distribute resources effectively, strengthen the capacity of our workforce, plan infrastructure on a territory-wide basis, and improve health outcomes for all Canberrans,” said ACT Chief Minister Andrew Barr in comments obtained by the Australian Broadcasting Corporation.

Christian Organisations Need Confidence to Operate: Senator

Victorian Senator Ralph Babet says the ACT government needs to ensure religious institutions are safe from bureaucratic encroachment and that halting Calvary’s takeover should be the first step.

“The ACT government’s unprecedented decision to take over Calvary Hospital sets a dangerous precedent that should worry all Christian organisations,” he said in a statement to The Epoch Times.

“If the Labor-Greens government can walk in and assume control of a Christian hospital, will schools be next? Labor-Green politicians will no doubt claim that their takeover of Calvary Hospital is a special case and does not represent a new anti-Christian policy.”

Babet also said the decision will undermine the confidence of Catholic organisations to provide services in Australia.

“The decision to take control of Calvary breaks a 120-year agreement between the Catholic Church and the state, allowing the quality, faith-based healthcare provider to operate. The acquisition of Calvary is a dangerous first step towards the takeover of the Church by the state and sets a worrying precedent.”

Religious Affiliation on the Decline in Australia

The acquisition comes amid changing attitudes towards religion and faith-based institutions in Australia.

The 2021 national Census revealed that 10 million Australians had zero affiliation with any faith.

The data showed a major reduction in adherents of over a million self-declared Christians since the 2016 census. In 1971, Christians represented 86.2 percent of the Australian population, in 2021, that number was just 43.9 percent.

The ACT Labor-Green government has worked to appeal to a younger, educated voter base more concerned with issues such as climate change and equality, rather than religious rights.

The government has moved initiatives such as removing federally funded religious chaplains from public schools and extending mandatory reporting requirements for religious ministers.

In an interview with the National Secular Lobby in late 2021, ACT Chief Minister Barr outlined his government’s stance.

“People should be able to enjoy freedom from religion. This does not impact, in any way, others’ freedom to practice their religion. I suspect it will be another decade or so before many other politicians will make similar observations. Generational change is required in this regard.”