To-date we have been unable to verify with the Department of Education if the school is complying with conditions set out in the AAT Consent Orders.   Overdue reporting of financials to the ACNC and unpaid staff superannuation since March 2023 would appear to indicate they have breached a number of conditions.

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The Canberra Times reports on 7 May 2023 that the Department of Education and the Board Chair are refusing to be transparent around the status of compliance, whilst the ATO has indicated it will not be 'extinguishing' the tax debt as previously suggested by the BCEL Board Chair in the latest school newsletter.

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The Board Chair had advised the 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 have not received their superannuation entitlements. 

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The Canberra Times reports

 

"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.  

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If the current Directors do not comply 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. 

 

Background

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The Administrative Appeals Tribunal (AAT) recently made a decision to impose new conditions on BCEL in order that it can continue to receive commonwealth funding as the Approved Authority for Brindabella Christian College.  These conditions are to assist BCEL in regaining its status as a fit and proper person under Section 75 of the Education Act 2013 and relate to governance, financial management and financial reporting as documented in court orders dated 12th April 2023. 

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The AAT provided the Association with a copy of the agreed orders shared here with the BCC community.