Health Services Act 1997

The Minister may issue a termination notice to the Healthscope NBH entities (a statutory termination notice).

The statutory termination notice—

on the date specified in the statutory termination notice, terminates—

the Project in accordance with the Northern Beaches Hospital Deed, clause 81.1(a), or

the Project but allows the Healthscope NBH entities to continue operating the Private Patient Portion in accordance with the Northern Beaches Hospital Deed, clause 81.1(b), and

is taken to be a validly issued Termination Notice and election under and for the purpose of the Northern Beaches Hospital Deed, clauses 78.2(a) and 81.1, and the Project Documents, that was issued after an Operator Termination Event had occurred.

If a statutory termination notice is issued, an Operator Termination Event under and for the purpose of the Northern Beaches Hospital Deed, and the Project Documents, is taken to have occurred and to be subsisting at all times after the issue of the notice.

A dispute resolution provision of the Northern Beaches Hospital Deed does not apply in relation to the following—

a dispute arising from the issue of the statutory termination notice, including a dispute about compensation payable under the Northern Beaches Hospital Deed,

a dispute about compensation arising from the issue of the statutory termination notice.

No liability is incurred by the State, and no claim, action or demand may be made or taken against the State, whether under the Northern Beaches Hospital Deed, a Project Document or otherwise, by any person in relation to or arising out of the issue of the statutory termination notice, other than for a Default Termination Payment if the amount of the payment, when calculated under the Northern Beaches Hospital Deed is positive.

However, the liability incurred by the State for a Default Termination Payment is reduced by the following amounts—

a payment of compensation under clause 3,

other amounts payable to the NBH State Counter-parties under the Northern Beaches Hospital Deed or a Project Document.

The regulations may provide that other provisions of the Northern Beaches Hospital Deed or a Project Document do not apply in the event of the issue of the statutory termination notice.