❓ Mr. Cook questions the government's decision to relocate the Busselton hospital, alleging breach of contract and impact on aged care. Dr. Hames denies a contract breach and affirms the government's commitment to the original site.
AnsweredQoN 127Legislative Assembly
QuestionView source ↗
BUSSELTON HOSPITAL — VASSE SITE
(2) Is the government prepared to breach contracts entered into to provide a new hospital at Vasse, and has the government been advised of the amount of damages for which it is liable for breach of the Busselton hospital contract? (3) Will the minister confirm that the private partner aged care provider will be unlikely to proceed with the much-needed 120 aged care beds for Busselton unless it is co-located with the government hospital at Vasse? Dr K.D. HAMES
(2) Is the government prepared to breach contracts entered into to provide a new hospital at Vasse, and has the government been advised of the amount of damages for which it is liable for breach of the Busselton hospital contract? (3) Will the minister confirm that the private partner aged care provider will be unlikely to proceed with the much-needed 120 aged care beds for Busselton unless it is co-located with the government hospital at Vasse? Dr K.D. HAMES
AnswerView source ↗
(1)-(3) Those things are not correct. Yes, I can confirm that I had meetings about it; I have discussed these issues with the Department of Health. As this house will be aware, the Liberal Party made a commitment during the election campaign that it would not proceed with the construction of the new Busselton hospital at the Vasse site but would do it at the current site. Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
(3) Will the minister confirm that the private partner aged care provider will be unlikely to proceed with the much-needed 120 aged care beds for Busselton unless it is co-located with the government hospital at Vasse? Dr K.D. HAMES replied: (1)-(3) Those things are not correct. Yes, I can confirm that I had meetings about it; I have discussed these issues with the Department of Health. As this house will be aware, the Liberal Party made a commitment during the election campaign that it would not proceed with the construction of the new Busselton hospital at the Vasse site but would do it at the current site. Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Dr K.D. HAMES replied: (1)-(3) Those things are not correct. Yes, I can confirm that I had meetings about it; I have discussed these issues with the Department of Health. As this house will be aware, the Liberal Party made a commitment during the election campaign that it would not proceed with the construction of the new Busselton hospital at the Vasse site but would do it at the current site. Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
(1)-(3) Those things are not correct. Yes, I can confirm that I had meetings about it; I have discussed these issues with the Department of Health. As this house will be aware, the Liberal Party made a commitment during the election campaign that it would not proceed with the construction of the new Busselton hospital at the Vasse site but would do it at the current site. Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
(3) Will the minister confirm that the private partner aged care provider will be unlikely to proceed with the much-needed 120 aged care beds for Busselton unless it is co-located with the government hospital at Vasse? Dr K.D. HAMES replied: (1)-(3) Those things are not correct. Yes, I can confirm that I had meetings about it; I have discussed these issues with the Department of Health. As this house will be aware, the Liberal Party made a commitment during the election campaign that it would not proceed with the construction of the new Busselton hospital at the Vasse site but would do it at the current site. Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Dr K.D. HAMES replied: (1)-(3) Those things are not correct. Yes, I can confirm that I had meetings about it; I have discussed these issues with the Department of Health. As this house will be aware, the Liberal Party made a commitment during the election campaign that it would not proceed with the construction of the new Busselton hospital at the Vasse site but would do it at the current site. Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
(1)-(3) Those things are not correct. Yes, I can confirm that I had meetings about it; I have discussed these issues with the Department of Health. As this house will be aware, the Liberal Party made a commitment during the election campaign that it would not proceed with the construction of the new Busselton hospital at the Vasse site but would do it at the current site. Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Mr R.H. Cook : So, the government will breach the contract. Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Dr K.D. HAMES : I have been advised that there is no breach of contract in making that decision and no contract has been signed. I have to say that if that had been the case, I would probably keep it at its current site. If a signed contract were in existence that we would have breached by moving the hospital to a different site, fairly certainly the decision I would have made would have been that that was not the appropriate course of action. Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Mr R.H. Cook : Is the government legally bound? Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Dr K.D. HAMES : I have been advised that the government is not legally bound to be there. Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Mr E.S. Ripper : Have you sought legal advice on this? Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
Dr K.D. HAMES : The health department, to my understanding, sought legal advice; yes. At our meeting discussing this issue, the health department advised me that it had sought legal advice and that advice was that there would be no breach of contract. Of course, that does not stop the developer from having an alternative view and seeking redress from government, in which case that action will be defended. When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
When we were in opposition, our view was that the original site of the hospital is the best site, it can still be done in conjunction with the private sector and we can still look at other development opportunities at the new site. For that reason, it is our intention to proceed to do that.
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