The private schools regulator is keeping mum on whether financially troubled Brindabella Christian College has met its deadline to provide proof that it is compliant, as reports emerge that suppliers are not being paid.
Last month, ACT Education Minister Yvette Berry delivered an ultimatum to the Lyneham-based K-12 school to get its house in order or face serious consequences.
Ms Berry wrote to the private school, which also has a smaller campus in Charnwood, on 3 September, giving it six weeks from then to provide a plan for and evidence of it meeting a raft of conditions to comply with its regulatory obligations.
She said the regulator within the Education Directorate had advised of breaches to compliance around governance and financial viability, including how the board had been reporting for the school.
Now, almost eight weeks later, the ACT election is over, but with a government still to be formed, the Registrar of Non-Government Schools said it would make no public comment at this stage on whether BCC had provided any evidence that it was compliant or financially viable.
The Registrar said it had written to each board member of Brindabella Christian Education Limited explaining the expectations of the conditions imposed and reminding each board member of their personal fiduciary responsibilities.
“The Registrar of Non-Government Schools and the Registration Standards Advisory Board have statutory roles in assessing compliance,” the Registrar said.
“The Registration Standards Advisory Board has a role in advising the Minister, the Registrar or both on potential next steps if required. These matters will be managed in line with the requirements of the Education Act 2004 and the caretaker conventions.
“The Registrar has, and will continue to, confer with the Australian Government’s Education Department about this matter in line with the statutory process for review and assessment outlined in the Education Act 2004.”
A statement from the BCC reform group said it was encouraged that the regulators were taking governance issues at the school more seriously.
“While it’s frustrating that immense community resources and effort have been expending to drive regulatory attention, we’re not surprised that they are not willing to say too much publicly given the amount of money the board spend on litigation to defend itself,” Reform BCC said.
“When the new Education Minister is announced, we’re hopeful they will provide the community with a clear update on the status of BCC’s compliance and a timeline to resolve all the longstanding issues.”
A spokesperson added that the group was concerned about whether teachers were being paid and the school’s ability to operate week to week.
“We’re hearing stories of suppliers not being paid,” the spokesperson said.
“Staff have informed us they have personally had to purchase nappies for the Early Learning Centre babies as a result of BCC not paying its suppliers.”
According to the Australian Charities and Not-for-profits Commission, the school is yet to file its 2023 Financial Report and 2023 Annual Information Statement, both of which were due on 31 August 2024.
The 2022 Annual Information Statement shows a million-dollar deficit, and the school, which receives about $10 million in public funds a year, has total liabilities of $27 million, including current ones of almost $21 million.
It was also revealed earlier in the year that BCC owes almost $5 million to the Tax Office.
An NAB loan facility was due to expire on 30 September 2024.
In a recent LinkedIn post, written in allegory with graphics, board chair Greg Zwajgenberg complained that the school’s legal bill in the past few months alone amounted to almost $155,000 due to “frivolous legal battles”, referring to action in ACAT and the ACT Supreme Court over unapproved buildings and the unapproved sealed car park on public land.
A graphic includes an itemised list of legal costs totalling $154,730.11.
“They rack up free shots in ACAT Hearings, costing them nothing, while we haemorrhage funds and await the next attack,” Mr Zwajgenberg writes.
“A glimpse into the madness we’ve navigated over the past four years, imagine the progress we could have made if not being trapped inside the self-professed Heroine’s Groundhog Day, For these people, it’s a playground; for us, relentless financial drain.
“The real cost isn’t simply financial, it’s the future of the incredible staff and the children we’re fighting to protect. So, here’s the real Joker of a riddle: “When do we hold these people accountable before Wonderland’s looking glass shatters forever?” That day is nearing.”
Mr Zwajgenberg concludes that the future of the entire Brindabella community was hanging in the balance.