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

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.

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.

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.