Brindabella Christian College financial viability investigation dropped because of coronavirus

Documents released under Freedom of Information laws show the ACT Education Directorate found several instances where the school could have breached the territory's Education Act but that it decided to drop its investigation into the financial viability of the school because of COVID-19.

The Education Directorate launched an Authorised Person review into the school in August 2019 following a large number of complaints about the operation of the school and its board.

A group of past staff members reported bullying by some board members of Brindabella Christian Education Limited, the charity which operates the school, including belittling in front of others, micromanaging, intimidation, threatening and spreading misinformation.

Parents repeatedly raised concerns over the financial management of the school and the high turnover of staff.

Senior director of non-government education regulation Lynda Tooth found the school had not entered all students who had left the school mid-2019 into the Student Transfer Register along with the correct reason for their departure, which is a requirement under the ACT's Education Act.

Her review found that by September, the principal of the college advised 211 students had left or were expected to leave by the end of the 2019 school year, not including the year 12 graduating class.

This called into question the financial viability of the school, which is a condition of registration of non-government schools under the territory law.

In a briefing to Education Minister Yvette Berry signed on September 25, 2019, the then executive group manager of business services David Matthews highlighted these areas of concern.

The briefing also flagged that the school's enrolment policy, which allows students to be excluded if the students' parents bring the college, its board or staff into "disrepute", was contrary to the reasons for students to be expelled from as school under the Education Act and was potentially contrary to the students' human rights.

Ms Berry approved the directorate's approach in asking the school for more information to ensure it complied with all requirements.

In a letter dated December 20, the school's legal representation said it was unreasonable to provide the directorate with a detailed business plan and considered the fact that at least 45 staff had resigned or had their employment terminated in 2019 as unremarkable and unrelated to student welfare.

"Our client is unaware of any complaints about the welfare and safety of students in the college," the letter said.

Documents from the directorate show numerous complaints were submitted to the school's board, the Education Directorate and federal and territory education ministers between 2015 and 2019 but there was no evidence that the complaints were investigated.

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Irregularities between the enrolment data from the February 2020 census and the data entered into the student transfer register continued, despite staff being trained on using the register in November 2019.

WorkSafe ACT issued the school with six improvement notices in December. A WorkSafe ACT spokeswoman said when the agency visited Brindabella Christian College in April 2020, it had been able to demonstrate that it had implemented a work health and safety management system.

"WorkSafe ACT was satisfied that Brindabella Christian College had rectified the issues and no further action has been taken," the spokeswoman said.

A further letter from the board's legal team in April urged the directorate to close its review.

When Ms Berry was asked if she was aware of the directorate's decision made in April this year to not progress an investigation of the college's financial viability due to the pandemic, her spokeswoman said the minister was advised of the status of the directorate's consideration of Brindabella Christian College's registration in late August 2020.

"The registrar's recommendation was to review the school's 2021 census return. A decision to cancel a non-government school registration is serious and therefore it is appropriate that Brindabella Christian College's circumstances be monitored," Ms Berry's spokeswoman said.

An Education Directorate spokesman said the oversight of non-government schools was shared among a range of funding and regulatory bodies within the Commonwealth and ACT governments.

"The Education Directorate will next undertake a full financial viability assessment when the school is next due for registration," the spokesman said.

It is understood the Schools Assurance office under the federal Department of Education, Skills and Employment is also conducting an investigation into the college.

Ms Berry repeatedly advised parents that she had no power to intervene in their situations because of the contractual agreement between the parents and the school.

"The minister and government is obliged to act lawfully and operate within the current legal framework when considering intervention into the operation of a non-government school," Ms Berry's spokeswoman said.

"Prior to caretaker commencing, the ACT government had begun reviewing the regulation of non-government schools as part of an overarching review of the Education Act and will continue that work if returned."

Brindabella Christian College was contacted for comment but did not respond by deadline.