Federal education officials confirmed in Senate Estimates on 5 June 2024, and again on 7 November 2024, that the Brindabella Board of Directors had not complied with Consent Orders issued by the Administrative Appeals Tribunal (AAT) on 12 April 2023  (pdf copy available below).

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​In June 2021, the Brindabella Board (BCEL) sought an immediate review by the Administrative Appeals Tribunal (AAT) of the 17 May 2021 Education Ministers decision that BCEL did not satisfy the fit and proper requirements to be the Approved Authority of BCC.   At the conclusion of the Review in March 2023, which BCEL reported to the AAT cost them nearly $300,000 in legal fees, the original decision was not varied and the BCEL Board agreed to undertake certain conditions intended to assist them in financial management and governance so they could retain commonwealth funding and return to a fit and proper status. 

 

According to commonwealth education officials in Senate Estimates on 7 November 2024, BCEL has failed to comply with 44 of the 64 AAT conditions.

 

Some of these breaches have included a failure to produce audited financial accounts, acquittal statements for grant monies, unpaid superannuation to staff, failure to resolve identified conflicts, failure to maintain a minimum board size of five persons, failure to pay staff superannuation entitlements and the failure to produce independent audit reports.   These failures by the Board of Directors is jeopardising the future viability of the school by risking annual funding, 50% of the schools revenue, which education officials reported, at Senate Estimates, may be ceased or paused.

 

You can see a video recap of both Senate Estimates hearings (5 June and 7 November) here where ACT Senator David Pocock queries the status of a four year long investigation into Brindabella Christian College and the status of their compliance and fitness.  Education officials reveal the only options left are to pause or cease funding to the school.

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You can also read more by viewing our Media page or clicking the links to recent articles:

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Riot Act 8 Nov 2024 - "Not compliant" Brindabella to know fate soon as investigation nears end"

Riot Act 16 Sept 2024 - "This is Serious" - Berry orders BCC to show it is compliant"

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More details:

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Unpaid Superannuation

 

Staff and teachers have faced uncertainty regarding payment of their superannuation entitlements since BCEL first failed to make the quarterly payment which feel due April 2023.  Whilst some periodic payments have been made and the ATO engaged to recover further unpaid funds, there has been no consistent and reliable payments by BCEL of current and past staff super entitlements as required. 

 

The Independent Education Union and Fair Work Commission has been assisting staff however, BCEL has repeatedly failed to honour undertakings and deadlines it agreed to at the Fair Work Commission, including the failure to fulfil its agreement to make fortnightly payment of super entitlements from 1 July 2024.  These failures have undermined staff trust and confidence and lead to calls from the staff and union at the end of 2024 school year for the immediate resignation of the entire board of directors.  

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• 18 Dec 2024 - Brindabella Board Faces Calls to Resign - Canberra Times

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Unpaid PAYG and other tax debts

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The Canberra Times reported on 7 May 2023 that the Department of Education and the Board Chair are refusing to be transparent around the status of compliance and the ATO indicated it will not be 'extinguishing' any tax debt as previously claimed by the BCEL Board Chair in a recent school newsletter.   

 

By the end of 2022, the school had a reported tax debt of nearly $5 million and according to documents tabled in the AAT, was incurring monthly penalties and interest of around $35,000.  In the absence of 2023 audited financials still overdue, it is unclear what portion of the debt has been repaid, if any.

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The Board Chair had stated that the tax debt was "subject of an agreed ATO arrangement" and the school was "in the middle of seeking to extinguish the debt and rolling it into existing facilities."  The school has not provided any public comment regarding the unpaid superannuation and as of mid February 2024, staff had not received their superannuation entitlements. 

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The Canberra Times has previously reported on 7 May 2023:

 

"A tax office spokesperson said while the ATO couldn't comment on any individual or entity due to confidentiality laws, there was no way for debts to be extinguished.  

The ATO confirms that tax debts cannot be 'extinguished'.

The commissioner does not have the power to waive a tax debt," the spokesperson said"

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The article reveals ...

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"Mr Zwajgenberg did not answer questions about whether the school had met other

conditions that were due by May 1, including signing off on the overdue

2021 financial statement and providing a letter to the education minister on progress to date.

The 2021 audited financial statement has not been published on the

Australian Charities and Not-for-profits Commission website."

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The article continues, reporting the Department of Education...

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"refused to answer questions on whether the school had complied with the conditions

due by May 1 and what would happen if it did not implement the reforms.

"The Department of Education continues to work with Brindabella Christian Education Limited

to ensure it meets the obligations as outlined in Administrative Appeals Tribunal orders,"

a department spokesman said."

 

7 May 2023 Canberra Times "Brindabella Unable to 'Extinguish' Tax Debt"   

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16 February 2024 Canberra Times "Private school staff still waiting for nine months of super"

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AAT documents released to the Association reveal BCEL was the ONLY non-government school in Australia not to provide its 2021 audited financials, acquittal statement or financial questionnaire to the department of education.  The Consent Orders compelled BCEL to report them by 1 May 2023.  My Schools website shows 2020, 2021 and 2023 financial documents are still overdue as at 8 January 2025.

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Given the current Directors have not complied with the Consent Orders, within the timeframes stipulated, then clearly the original decision must stand, that they are not a fit and proper Board because they can’t adhere to conditions they consented to.