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AAT Court Orders
AAT Consent Orders
DID YOU KNOW?
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.
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.
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.
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"
The article reveals ...
"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."
The article continues, reporting the Department of Education...
"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"
16 February 2024 Canberra Times "Private school staff still waiting for nine months of super"
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.
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
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.
The AAT provided the Association with a copy of the agreed orders shared here with the BCC community.
AAT Consent Orders
MORE DETAILS
Click on the following links for current status of compliance.
AAT Conditions with 1 June 2023 Deadlines
In the table below, we have summarised conditions agreed to by BCEL with 1 June 2023 deadlines. They are significant and essential to improving the governance and financial management of the school to enable it to thrive again in the future.
To-date, however, the Department of Education and the Federal Education Minister have refused to provide any updates on the schools compliance with these conditions.
24 April 2023 Riot Act "Strict Conditions Imposed on Brindabella College"
The ACNC Charity Register also shows BCC's remains red-flagged with the 2021 financials remaining long overdue and 2022 financials now due on 30 June 2023. The AAT Conditions required the 2021 and 2022 financial information be provided to the Department of Education by 1 May 2023.
The lack of information is unsatisfactory to CCR@BCC and leaves the school community lacking confidence in its current governance and uncertain of the schools financial viability. We are committed to pursing transparency from the Minister regarding BCEL's compliance with ALL conditions set out in the AAT Consent Orders.
Tables have also been provided below this section summarising the AAT Conditions with April and May 2023 deadlines. We intend to update BCEL's compliance status only as and when confirmed by the Minister or other regulatory bodies such as Department of Education, ASIC or the ACNC.
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Want to know how BCEL has spent $10 Million per annum of public funds, how it will repay $15 million in debts and a $4.8 million PAYG tax debt to the ATO? Do you believe non-government schools should report their use of public funds and financials annually without being compelled? Then Get Involved by becoming a CCR@BCC member and please follow us on facebook to stay abreast of developments.
Help us hold the BCEL Directors accountable and ensure parent fees and commonwealth funds, provided in good faith and trust, go straight to the BCC classroom - not bus ads and directors legal costs.
AAT Conditions with April and May 2023 Deadlines
Tables have been provided below summarising the AAT Conditions with April and May deadlines. We intend to update BCEL's compliance status only as and when confirmed by the Minister or other regulatory bodies such as ASIC or ACNC.
Whilst the BCC Board claimed in the school newsletter on Friday 28th April that they are compliant with 90% of the conditions, there has simply been NO evidence provided to support this. The opportunity to respond to the Canberra Times questions and provide transparency around their compliance was clearly ignored.
The Association observes emails, newsletters and 'media releases' from the BCC Board alone are insufficient in the eyes of the Minister, and the AAT, with Court Orders specifically requiring BCEL to have an independent auditor verify completion of the conditions and report such verification to the Department of Education on a regular basis (Item 5).
The Association believes this indicates the BCEL Board can no longer be trusted to comply with its legislative obligations, nor improve governance and financial management, of its own initiative. Therefore, without evidence from the Department of Education the Association believes the community cannot have any confidence in claims of compliance made by the current BCEL Board.
On 27 April we received a response from the Department of Education to our queries around compliance enforcement and consequences if deadlines were missed. You can read a copy of this letter below the two tables. We are committed to pursuing transparency from the Minister regarding BCEL's compliance with all conditions set out in the AAT Court Orders.
Want to know how BCEL has spent $10 Million per annum of public funds, how it will repay $15 million in debts and a $4.8 million PAYG tax debt to the ATO? Do you believe non-government schools should report their use of public funds and financials annually without being compelled? Then Get Involved by becoming a CCR@BCC member and please follow us on facebook to stay abreast of developments.
Help us hold the BCEL Directors accountable and ensure parent fees and commonwealth funds, provided in good faith and trust, go straight to the BCC classroom - not bus ads and directors legal costs.
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Response from Department of Education to Requests for Transparency
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