A Senate bill to force the ACT Legislative Assembly to conduct an inquiry into the takeover of the former Calvary Public Hospital Bruce should not pass, a committee has concluded.
The Labor-led legal and constitutional affairs legislation committee has said the bill "would undermine the independence" of the territory's legislature.
But opposition members have dissented from the committee's recommendations and have recommended the bill should pass.
The bill was put forward by Queensland Liberal National senator Matt Canavan.
The report, which was handed down on Wednesday, said scrutiny of the bill was conducted within the Legislative Assembly's own legislative procedures and oversight mechanisms.
"Whether those procedures and mechanisms are adequate is ultimately a matter for the electors of the ACT to judge," the report said.
"To conduct an inquiry would undermine the independence of that legislature."
The opposition members of the committee, including Senator Canavan who was a participating member, wrote a dissenting report and "strongly recommended" the bill be passed.
The opposition members said the bill "has unfolded in deeply concerning circumstances".
"It has been marked by an unfortunate absence of consultation, a contrived sense of urgency, a blatant dismissal of significant health system risks, and a concerning indifference to employee rights," they said.
The opposition members accused the committee of not adequately engaging with concerns raised in 65 submissions and 7000 letters received by the committee in regards to the bill.
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ACT senator David Pocock also contributed additional comments to the report.
He said forcing the Legislative Assembly to hold an inquiry would undermine territory rights and he cited last year's overturning of a federal ban on the territories' rights to legislate on voluntary assisted dying.
"Ultimately, the decision to hold an inquiry rightfully rests with the ACT Legislative Assembly, as a democratically elected institution and I respect their consideration of my request on behalf of the community members that raised their concerns with me," Senator Pocock said.
"Allowing the Commonwealth to interfere again would undermine the very recent conclusion of the 25-year-long campaign to undo the Andrews Bill and put the ACT back on equal footing with the states."
The Senate committee noted that the Legislative Assembly's health and community wellbeing standing committee could have chosen to inquire into the bill to compulsorily acquire Calvary.
The Calvary takeover bill was able to bypass normal procedures and was able to pass before an inquiry was held. Under standing orders for the Legislative Assembly, a bill is referred to a committee. The committee then considers whether it will hold an inquiry. If there is an inquiry, the bill cannot pass until the committee has handed down its report.
The health and community wellbeing committee is still able to hold an inquiry into legislation for the compulsory acquisition.
Senator Canavan had previously pushed for a federal inquiry into the takeover but this was defeated. The Senate inquiry into his bill was able to take place after the Greens voted with the Coalition to hold the inquiry.
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