KEY ISSUES

The Association has identified the following key issues of concern around the current governance structure and practices of Brindabella Christian Education Limited (BCEL) which we believe highlight the need for governance reform and change at a constitutional level.

BCC Carpark Closure

Why has this happened and what does this mean for you and your family?

On 7 December, 2023, ACAT determined the BCEL Board was "reckless" and "deliberate" in breaching ACT Planning Laws by failing to seek approvals to construct and seal the carpark on public land.

The verge and driveway pedestrian crossing were also ruled "unsafe" and "an accident waiting to happen".

Consequently, ACAT issued Orders requiring its immediate closure at the end of 2023 until BCC obtained the relevant planning approvals.

Contrary to public claims made by the BCC Board Chair at the 2016 school Presentation Night, BCC has never purchased the carpark land.

The terms of the ACAT Orders are currently being appealed by the BCEL Board in the ACT Supreme Court and consequently the carpark has been temporarily re-opened.

The Supreme Court Final Hearings are scheduled for 10am - 22 April 2025.

AAT Consent Orders

A review by the Administrative Appeals Tribunal of the Federal Education Ministers decision on 17 May 2021 that BCEL was not a fit and proper person to be the Approved Authority of Brindabella Christian College concluded with 64 conditions imposed upon BCEL documented in publicly available Consent Orders dated 12 April 2023.

Federal Education officials however have recently revealed in Senate Estimates on 7 November 2024 that BCEL has failed to comply with 44 of these AAT Conditions.

In late 2024, the ACT Education Minister further imposed conditions on its ACT school registration requiring BCEL to comply with the AAT Conditions.

Transparency

As a registered charity with the ACNC and an Approved Authority with the Department of Education,

BCC Directors have legislated obligations to provide transparency around the use of commonwealth funds and parent fees.

The BCEL Board of Directors have been repeatedly overdue in reporting the schools financial affairs and failed to produce audited financials for 2023 as required.

Board Accountability

A charity must take reasonable steps to be accountable to its members and provide them with

adequate opportunity to raise concerns about how the charity is governed.

Changes made to BCC's governing documents by the Directors has confined charity membership to the

Directors alone and given themselves lifetime directorships removing key accountability mechanisms.

Unjust Treatment of Community Members

The BCC Board of Directors, as the Charity Trustees, are responsible for acting in the best interests of the school.

Publicly reported instances of unjust treatments of students, parents and staff, an alarmingly high turnover of executive, including multiple claims before the Fair Work Commission, and the failure to obtain the necessary planning and building approvals for carpark and classrooms evidence of the Boards failure to act in the interests of the school.

Board Declared Unfit

Legislation requires Responsible Persons of an ACNC registered charity and an Approved Authority of a non-government school to be fit and proper persons.

A 2021 decision by the Federal Education Minister found the BCEL Board not to be fit and proper to be the Approved Authority of BCC and consequently imposed 64 conditions requiring changes to BCEL's governance and financial management.

However, according to federal education officials on 7 November 2024, the BCEL Board has failed to comply with 44 of these conditions and remains in breach of its legislative obligations to the Commonwealth placing around $10 Million of annual commonwealth funding at risk.

Enrolment Agreements

Following a landmark court case in 2022 involving BCC, parents in non-government schools across Australia are now considered legitimate service recipients of care and education services under Australian Consumer Law (ACL).

Schools across Australia have consequently been required to ensure their enrolment documents and terms protect the interests of both parties fairly and equitably.

The ACAT ruling against BCEL determined parents were potentially financially disadvantaged by a terms fee penalty imposed by unfair terms in BCC's enrolment agreement which had required withdrawal notice for the following school year by start of Term 4. This unfair term was subsequently voided by the Tribunal.

BCC's new 2024 enrolment agreement allows for notice of withdrawal by 6 January 2025 to avoid financial penalty.