8 November 2024

'Not compliant': Brindabella Christian College to know fate soon as investigation nears end

| Ian Bushnell
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Brindabella Christian College

Brindabella Christian College has been under investigation by the Education Department for four years. Photo: Michelle Kroll.

The four-year Federal Education Department investigation into Brindabella Christian College is reaching its end game, officials have told ACT Senator David Pocock during Senate estimates on Thursday (7 November).

The officials told Senator Pocock that the school had provided the investigating team with additional information only in the last couple of days.

Once the investigation was complete, its findings would go to the delegate, who would decide what action, if any, should be taken against the school.

However, at this point, the school was not compliant and had failed to provide its audited financial statements for the 2023 financial year by the due date.

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Deputy Secretary of Schools with the Federal Department of Education Meg Brighton told Senator Pocock that the approved authority, Brindabella Christian Education Limited, was already under regulatory action by the department, which was separate from that taken by the ACT Education Directorate.

“One of those measures we have is that they are sitting on monthly payments rather than a three times a year payment,” she said.

Acting Assistant Secretary Tony Simovski confirmed that the school had not complied with all of the conditions laid down by the Administrative Appeals Tribunal in April last year as part of a settlement with the department.

He said all but three expired on or before 1 August this year, and of the 64 conditions issued, only 20 were met on or before 20 August.

One of those conditions is a requirement that the BCEL board consist of at least five members, which it is now in breach of after the departure of Flora Tan and Alan Davis.

Questioned about the length of the investigation and what was required for the department to intervene, Ms Brighton insisted that it already had.

“We have intervened, and as I said before, we’ve got regulatory action already in place,” she said.

“The investigation is drawing to its conclusion … the delegate will shortly be given that thorough assessment by the investigation team and then they will make their determination as to what happens with the approved authority.”

That could range from maintaining the school on monthly payments to more significant sanctions, which can include loss of funding, at present $10 million a year, and deregistration.

Senator Pocock also asked about staff superannuation payments, which he had been advised had not been paid as promised.

Ms Brighton said that was a matter for the Tax Office, but it was one of many issues that the department had considered.

“We take into consideration in our assessment whether the approval authority is meeting its obligations at law across the full spectrum of obligations, and it all goes into the consideration the delegate will make when the investigation is finished, and the delegate determines whether they will be taking action against this approved authority,” she said.

Asked if the department was aware that the school’s credit facility with its bank had expired in September, Mr Simovski said his understanding was that the credit facility had been extended on a month-by-month basis.

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Senator Pocock asked the officials if board chair Greg Zwajgenberg was considered a fit and proper person to be chairing a school board.

“It is a complex investigation that has a number of different components. That investigation is looking at the elements at law that approved authorities are meant to have in place,” Ms Brighten said.

“One of those key criteria is a fit and proper person in terms of the approved authority. It is an area that is part of the investigation, and that investigation is ongoing.”

ACT Education Minister Yvette Berry wrote to the school on 3 September, giving it six weeks to provide a plan for and evidence of it meeting a raft of conditions to comply with its regulatory obligations.

The Directorate says the matter is before the Registration Standards Advisory Board, which would advise the minister, the registrar of non-government schools or both on potential next steps if required.

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I’m glad Senator Pocock is involved. It’s reassuring that due process will be applied and nothing swept under the carpet.

Under the new Education Act, board members cannot be working at the school and be a board member of the same school. This makes both Suzanne Power, the Executive Principal and John Clarke, Business Manager of BCC ineligible to be in a governance position.

What’s this REALLY about? An attack by the Labour ideologists on Christianity!

@bob9000
Of course it is, everybody knows that the Catholic Church is above reproach, when it comes to the law.

The law is the law. If the law has been broken, then the matter needs to be investigated and dealt with. You are not immune from the consequences just because you happen to be religious.

Amanda Kiley11:36 am 10 Nov 24

I agree but Brindabella isn’t Catholic.

@Amanda Kiley
Thank you for the clarification … I guess it would equally apply if I had generalised and said: ‘everybody knows Christian churches are above reproach’.

That’s not true at all, bob9000. There are many Christians who are very concerned about the mess at Brindabella and agree that the government needs to take action to get it sorted out.

What a storm in a teacup. Didn’t fill the paperwork on properly or something. Ooh.

How many kids have you got going to the school?

There is much more to it than that!

This is a mess. There are two BCC campuses in Canberra and I sympathise with the families of the children attending the school.

We have both the federal and territory governments investigating non-compliance issues with the school which have been multiplying and ongoing over a number of years. At the federal level, investigations are continuing across multiple departments including the ATO with the school receiving $10 million dollars of public funding each year.

In 2021 the government found the school’s governing body was not fit and proper to operate the school. In 2022 it was reported that the school was $4.8 million in debt, including unpaid superannuation contributions to staff. The school was also behind in its financial reporting, with mandatory reports not submitted to authorities, including the taxation office on time. Unapproved infrastructure projects including a carpark and demountable buildings were also being constructed haphazardly on school grounds and public land, with a makeshift crossing erected at the entrance posing safety risks to pedestrians and children. Court action was also in progress due to the school’s non-compliance which BCC subsequently lost.

Whatever the outcome I hope there are repercussions for the school’s governing body and its board!

Agree totally! Those running this school are blatantly disregarding the law and other people’s rights. It’s well past time to stop their atrocious behaviour by shutting them down. There MUST be consequences for those in charge!

Let us wait and see how it all ends. We are reading one side of the story. What if it turns out that they are playing close to the limits of the law? Not every thing that doesn’t seem right is illegal. All this hullabaloo could be propaganda.
As for shutting the school down, I don’t believe it will happen anytime soon. The board may spill but the school will remain. Remember there are 1000 students in there. Compulsory acquisition won’t happen again. Not so soon after the Calvary saga.

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