k hd edòô - education

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This document is not released in accordance with Section 17 of the Freedom of Information Act 2016, Schedule 2.2(a)(xvi).

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From: Sloane, BrentonTo:Cc: EDU Media; Cursley, MeganSubject: RE: Brindabella Christian College - story this weekDate: Friday, 27 September 2019 4:19:27 PM

HiThanks for your email about thisPlease attribute the following response to an Education Directorate spokesperson:Like all ACT non-government schools, Brindabella Christian College is required to meet their conditions of registration with under the ActThe ACT Government is taking the concerns of parents and friends of the school seriously and the Education Directorate is conducting an Authorised Person review under theEducation Act 2004 to ensure the school is complying with their obligations This process is ongoingCheers,Brenton Sloane | Assistant DirectorMedia and Communications | Education | ACT GovernmentP (02) 6205 4196| M 0431 252 698 | E [email protected] 6 220 Northbourne Avenue | GPO Box 158 Canberra ACT 2601www.education.act.gov.au | Facebook | Twitter | Instagram | LinkedInFrom: Sent: Thursday, 26 September 2019 12:49 PMTo: Sloane, Brenton <Brenton Sloane@act gov au>Cc: EDU Media <EDU Media@act gov au>; Cursley, Megan <Megan Cursley@act gov au>Subject: Re: Brindabella Christian College - story this weekHi Brenton and Megan, how are you both?

Just wondering if there's any update on the above - are you investigating Brindabella? Or are you still going through paperwork/seeking info? Have they supplied the info you areafter? Have you ruled out a formal investigation?Looking to run an update on what's happening at brindabella given some other developments there in Sat's paper So deadline is tomorrow

Cheers,

On Thu, 29 Aug 2019 at 16:59, Sloane, Brenton <Brenton Sloane@act gov au> wrote:

Hi Please attribute the following response to an Education Directorate spokesperson:An authorised officer on behalf of the Directorate, with the consent of BCC, is currently seeking information regarding BCC’s compliance with their conditions of registration.Cheers,Brenton Sloane | Assistant DirectorMedia and Communications | Education | ACT GovernmentP (02) 6205 4196| M 0431 252 698 | E [email protected] 6 220 Northbourne Avenue | GPO Box 158 Canberra ACT 2601www.education.act.gov.au | Facebook | Twitter | Instagram | LinkedIn

From: Sent: Wednesday, 28 August 2019 5:01 PMTo: Cursley, Megan <Megan Cursley@act gov au>Cc: EDU Media <EDU Media@act gov au>; Sloane, Brenton <Brenton Sloane@act gov au>Subject: Re: Brindabella Christian College - story this weekHi Brenton and Megan,

when the story on Brindy ran:https://www canberratimes com au/story/6344321/culture-of-fear-worksafe-investigates-canberra-private-school/Just wanted to touch base to see if the ACT was still weighing up that investigation into the school's compliance? Is it investigating? If so, why? Or have you decided not to?

so this is for tomorrow not today!

Cheers,

On Mon, 5 Aug 2019 at 17:03, Cursley, Megan <Megan Cursley@act gov au> wrote:

Hey

The line in the letter, "undertaking enquiries into the school's compliance", refers to the same information the directorate gave the other day about engagement with BCC:

The Directorate has engaged, and continues to engage, with Brindabella Christian College to support them to understand their obligations and assist them where there areconcerns or challenges.

The Directorate will continue to engage with BCC to determine if a formal investigation is necessary to establish if the school is meeting all conditions of registration.

ThanksMegan

From: Sloane, Brenton <Brenton Sloane@act gov au> Sent: Monday, 5 August 2019 4:45 PMTo: ; Cursley, Megan <Megan Cursley@act gov au>Cc: EDU Media <EDU Media@act gov au>Subject: RE: Brindabella Christian College - story this weekHi Please attribute the following statement to an Education Directorate spokesperson:

As outlined previously, under the Education Act 2004 a person may inspect and copy a report to the Minister about registration decisions related to a non-governmentschool Under the Act, the information provided to the Government in the registration process must be made available by the Government

Decisions regarding other financial information relating to a non-government school are a matter for the school s BoardCheers,Brenton Sloane | Assistant DirectorMedia and Communications | Education | ACT GovernmentP (02) 6205 4196| M 0431 252 698 | E [email protected] 6 220 Northbourne Avenue | GPO Box 158 Canberra ACT 2601www.education.act.gov.au | Facebook | Twitter | Instagram | LinkedInFrom Sent: Monday, 5 August 2019 12:30 PMTo: Sloane, Brenton <Brenton Sloane@act gov au>; Cursley, Megan <Megan Cursley@act gov au>Cc: EDU Media <EDU Media@act gov au>

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Subject: Re: Brindabella Christian College - story this weekOh just got sent this by the way - is the educate looking into the school's registration again in response to complaints?

Letter from Minister Berry to Shane Rattenbury attached - she says a couple of parents have complained to the directorate, they are taking it seriously and "undertakingenquiries into the school's compliance" under the education act What does that mean?

Let me know if you get an answer on when non-gov schools have to answer questions on finances from parents? Are there certain things they don't have to disclose aboutfinances on request and things they do?

Thanks guys - I'll give you a buzz with the shape of the story once it's all in place just so you're across itOn Mon, 5 Aug 2019 at 11:53, > wrote:

Hey Brenton,

How did you go finding out if the school has to provide info parents request on finances or has to be transparent on some parts of the finances to parents?

" Through these provisions, parents of students at a non-government school may access information about a schools finances "

On Thu, 1 Aug 2019 at 18:16, Sloane, Brenton <Brenton Sloane@act gov au> wrote:

UNCLASSIFIED For-Official-Use-OnlyHello ,Apologies for the delay in responding to you on this Please attribute the following responses to an Education Directorate spokesperson:I know the college recently scraped through registration because of issues around meeting the necessary hours for Year 11 and 12 What is it's registration status at themoment? Did any other issues come up? i e finances, staffing qualifications etcIn 2018 a registration panel reviewed Brindabella Christian College s compliance with the conditions of registration as listed in Section 91 of the Education Act 2004.The registration panel was satisfied that the school was compliant with the conditions of registration, with the exception of mandatory hours of student for Years 11and 12 Once the school rectified this issue, the school was registered for Kindergarten – Year 12 at its Lyneham Campus and Kindergarten – Year 6 at its Charnwoodcampus until 31 December 2023Do registration panels look explicitly at finances/debts and spending of government funding/grants etc? What about staffing levels?Yes As part of the registration process the Directorate engages an external expert to conduct an advanced financial assessment of the school This assessment providesa credit rating for the school, a risk analysis and a financial viability assessment This assessment was considered as part of the decision to register Brindabella ChristianCollegeI understand the ACT government queried a new staff member coming in at the school's campus without a WWVP card Whathappened in this case? Was the government investigated/checked WWVP cards across the school recently?When the directorate, or in fact any employer, is provided information that suggests there has been a breach of the Working with Vulnerable People (BackgroundChecking) Act 2011 (WWVP) it is required to report that information to Access Canberra The Directorate routinely provides information to Access Canberra where asuspected breach may have occurredIt is then the responsibility of Access Canberra to consider any information provided to them However, in line with Section 65 of the Working with Vulnerable People(Background Checking) Act 2011, Access Canberra cannot provide information on specific applicants or any individual mattersIs the directorate or the minister is looking into the concerns that have since been raised by parents and staff at Brindabella - who allege a culture of bullying,intimidation and financial mismanagement (Letter from parents sent to the directorate and Minister Berry, as well as Dan Tehan attached which touches on some ofthis but not all) Have any of these concerns been looked at or are being looked at by the government? (Enviro directorate spoke yesterday re the conflict ofinterest concerns about the school's $25k ACT solar grant and planning regulation issues so wondering about the other concerns)

Non-government schools are often regulated by a range of organisations, for example:

Education Directorate (non-government school registration)ASIC (public company registration)Australian Charities and Not-for-Profits Commission (charity status)

The Education Directorate works closely with all non-government schools to support them in meeting their obligations under the Education Act, and where appropriatetakes regulatory action

The Directorate has engaged, and continues to engage, with Brindabella Christian College to support them to understand their obligations and assist them where thereare concerns or challenges

The Directorate will continue to engage with BCC to determine if a formal investigation is necessary to establish if the school is meeting all conditions of registration

I'm guessing the government doesn't have a whole lot to do with this but is there a threshold where the minister can step in and say suspend registration or make adirective on the school? Has this ever happened in the past in the ACT?The Minister for Education may direct the Registrar of Non-government Schools to cancel the registration of a non-government school if they are satisfied onreasonable grounds that a condition of the school s registration has been contravened, or that the school s proprietor or principal has contravened the Education Act2004.Under the education act, it says non-government schools must "consult parents of students at the school about the operation of the school, including its educationalprograms and policies" Wondering if this includes providing information on the school's finances and spending if requested?

The Education Act 2004 requires principals of non-government schools to consult parents of students at the school about the operation of the school, including itseducational programs and policies

The Education Act 2004 requires principals of non-government schools to make available to parents of students at the school, as well as to staff and students of theschool, information about the school s educational programs and policies, and the operation of the school

Under the Education Act 2004, a person may inspect and copy a report to the Minister about registration decisions related to a non-government school

Through these provisions, parents of students at a non-government school may access information about a schools finances

In addition, financial information for charities is publicly accessible through the Australian Charites and Not for Profits Commission (ACNC) website(https://www acnc gov au/)

Cheers,Brenton Sloane | Assistant DirectorMedia and Communications | Education | ACT GovernmentP (02) 6205 4196| M 0431 252 698 | E [email protected] 6 220 Northbourne Avenue | GPO Box 158 Canberra ACT 2601www.education.act.gov.au | Facebook | Twitter | Instagram | LinkedIn

UNCLASSIFIED For-Official-Use-OnlyFrom: Sent: Wednesday, 31 July 2019 9 53 AMTo: EDU Media <EDU Media@act gov au>; Cursley, Megan <Megan Cursley@act gov au>Subject: Brindabella Christian College - story this weekHi all,

digging into concerns about financial management and governance at Brindabella Christian College ( story here but currently looking into more than what

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reported so far:https://www canberratimes com au/story/6287807/principal-quits-amid-standoff-between-school-board-and-parents/ )

I know the college recently scraped through registration because of issues around meeting the necessary hours for Year 11 and 12 What is it's registration statusat the moment? Did any other issues come up? i e finances, staffing qualifications etcDo registration panels look explicitly at finances/debts and spending of government funding/grants etc? What about staffing levels?I understand the ACT government queried a new staff member coming in at the school's campus ( ) without a WWVP cardWhat happened in this case? Was the government investigated/checked WWVP cards across the school recently?Is the directorate or the minister is looking into the concerns that have since been raised by parents and staff at Brindabella - who allege a culture of bullying,intimidation and financial mismanagement (Letter from parents sent to the directorate and Minister Berry, as well as Dan Tehan attached which touches onsome of this but not all) Have any of these concerns been looked at or are being looked at by the government? (Enviro directorate spoke yesterday re theconflict of interest concerns about the school's $25k ACT solar grant and planning regulation issues so wondering about the other concerns)I'm guessing the government doesn't have a whole lot to do with this but is there a threshold where the minister can step in and say suspend registration ormake a directive on the school? Has this ever happened in the past in the ACT?Under the education act, it says non-government schools must "consult parents of students at the school about the operation of the school, including itseducational programs and policies" Wondering if this includes providing information on the school's finances and spending if requested?

Looking to file another story later this week - will call you guys before then to keep you in the loop and give you the gist of what it isHope you're all well

Best,

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Education Directorate

UNCLASSIFIED

To: Executive Branch Manager, Governance and Community Liaison

Tracking No.: EDU19/1841

Date: 08/10/2019

From: Senior Director, Non-government education regulation

Subject: Authorised Person enquiry – Brindabella Christian College

• Andrew Parkinson, Executive Group Manager, Business Services 08/10/2019 Recommendations That you:

1. note the findings of the Authorised Person enquiry into, and inspection of records pertaining to, the enrolment and attendance of students by Brindabella Christian College (BCC).

Noted

2. note that on 25/9/2019 (under MIN19/1224) the Minister has agreed to support the Directorate in requesting that BCC demonstrate their compliance with relevant sections of the Education Act 2004 (the Act).

Noted

4. agree to require of BCC, by close of business:

a. 31 October 2019:

i. a re-loading of all student data into the Student Transfer Register using correct dates and codes for all students who have been enrolled in / or attended the school in 2018 and 2019 or continue to be enrolled in and attend the school in 2019;

Agreed

ii. a copy of a policy and procedures devised to ensure future compliance with the requirements of the Student Transfer Register;

Agreed

iii. evidence that staff have been trained in the use of STR and enrolment records:

Agreed

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iv. a detailed business plan for the remainder of the school’s current registration period outlining how the school intends to remain financially viable in the light of the significant number of student departures that have and will occur in 2019.

Agreed

5. agree to notify BCC that in response to the significant number of complaints raised with the Minister and Directorate about the operations of the school and its board that you now request explanations as to the school’s compliance (by close of business 31 October 2019) with:

a. S. 75 of the Act which outlines that ACT non-government schools are committed, amongst other things, to teacher, parent and student participation in all aspects of school education and promoting the partnership between home and school;

b. S. 80 of the Act which requires principals to provide information about the operation of their school and their educational programs;

c. S. 91 (b) (ii) which requires the school to provide for the safety and welfare of students; and

d. S. 94 of the Act which requires the proprietor of non-government schools to investigate complaints about the administration, management and operation of the school.

Agreed

6. agree to notify BCC that following receipt of the explanations referred to in item 5 above, one or more authorised persons will visit the school to verify the school’s compliance with all matters referred to in items 4 and 5 above and all or some of the conditions of registration.

Agreed

7. agree to sign the attached letter (Attachment A) to the principal and proprietor of BCC outlining my findings and the notifications referred to in items 5 and 6 above.

Agree

Danielle Krajina, Executive Branch Manager 07/10/2019

Executive Branch Manager’s Comments:

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Background 1. On 30 July 2019 I sought your agreement to commence an enquiry into the enrolment and

attendance practices of ACT non-government schools as it was identified that a significant number of errors had been made in their use of Student Transfer Register in 2019.

2. You approved the inspection of the first group of four schools on 5 August 2019 and I

undertook the first inspection on 27 August 2019. The first school visited was Brindabella Christian College (BCC) which is a registered kindergarten – year 12 non-government school located on two campuses in the ACT. You were an observer at this inspection; and the principal gave written consent to the visit. Please note the remaining inspections are being progressed and further reports will be provided.

3. The school provided, as requested:

a. Information about all students (K-12) enrolled at BCC who left BCC in 2019: b. Information about all students about whom BCC has received notification that the

student will leave the school in 2019: c. Updated information (as at 26/9/2019) about all students (K-12) enrolled at BCC who

left BCC or will leave in 2019 d. A list of all student who were absent from BCC on 2 August 2019, the date of the

August 2019 census. e. Copies of all correspondence written to the principal of BCC or any teacher, or

administration officer by parents who have or are planning to withdraw their children from the school during 2019.

f. Copies of all correspondence written to the principal, or any teacher, or administration officer explaining the student’s absence on 2 August 2019, the date of the August 2019 census.

g. BCC’s enrolment policy, and attendance guidelines and procedures. h. Advice that BCC does not have a policy relating to the use of the Student Transfer

Register.

4. Corroborating data was sourced from Education ICT and EDU’s Performance and Systems section relating to census figures and Student Transfer Register use. An updated list of student leavers was also provided by the BCC principal on 3/10/2019.

5. On 25/9/2019 (under MIN19/1224) the Minister agreed to support the Directorate in

requesting that BCC demonstrate their compliance with relevant sections of the Act and specifically sections 75 (parent participation and partnership between school and home); 80 (provision of information); 91(b)(ii) (safety and welfare of students); and 94 (complaints handling and investigations) to ensure they continue to meet their conditions of registration.

Issues 6. I have now completed my enquiry into / inspection of BCC’s compliance with the Education

Act 2004 (the Act) requirements relating to enrolment, attendance, and record keeping through the Student Transfer Register (STR).

7. My findings are summarised below in:

•

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From: Education DirectorateTo:Subject: Letter from Registrar of NGS - 8 October 2019Date: Tuesday, 8 October 2019 3:41:00 PMAttachments: Ltr from Registrar of NGS to principal and board chair of BCC - 8 October 2019.pdf

UNCLASSIFIED

Dear Please find attached a letter from the Registrar of Non-government Schools.Education Directorate

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• The 211 student leavers (K-11) equates to >22% of the K-11student population as reported in the February 2019 census.

• The significant number of student departures in 2019 suggeststhat the school’s compliance with this condition of registrationshould be reviewed.

In response to Ms Tooth’s findings I now request that by:

1. 31 October 2019, you:

a. Provide evidence that you have reloaded all student data into the Student TransferRegister (using correct dates and codes) for all students who have been enrolled in/ or attended the school in 2018 (including the graduating class of 2018) and 2019or continue to be enrolled in and attend the school in 2019.

b. Ensure the reloaded student data is accurate, uses all required STR exit codes, andlists the graduating class of 2018 as have left the school.

2. 31 October 2019, you:

a. Provide evidence that you have developed a policy and procedures that will ensurefuture compliance with the requirements of the Act regarding the use of the STR.

b. Provide evidence that the school’s enrolment staff have been trained in therequirements of the STR and enrolment records requirements.

c. Provide evidence that you have fully reviewed its enrolment and attendancerecords for every student currently attending BCC and:

i. updated the enrolment records where necessary; and

ii. updated the STR where necessary.

d. Provide a detailed business plan for the remainder of the school’s currentregistration period outlining how the school intends to remain financially viable inthe light of the significant number of student departures that have and will occur in2019.

FURTHER INQUIRIES INTO LEGISLATIVE COMPLIANCE

I would also like to advise you that due to the large number of complaints received by the Minister and the Directorate about the operations of the school and its board, I now request that you (that is the school’s principal and proprietor) demonstrate your compliance with the following sections of the Education Act 2004:

a. S. 75 of the Act which outlines that ACT non-government schools are committed,amongst other things, to teacher, parent and student participation in all aspects of schooleducation and promoting the partnership between home and school;

b. S. 80 of the Act which requires principals to provide information about the operation oftheir school and their educational programs;

c. S. 91 (b) (ii) which requires the school to provide for the safety and welfare of students;and

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d. S. 94 of the Act which requires the proprietor of non-government schools to investigate complaints about the administration, management and operation of the school.

Therefore, I request that you: 1. Provide by 31 October 2019 a fulsome explanation as to how you:

a. enable teacher, parent and student participation in all aspects of school education

(S. 75 of the Act);

b. promote the partnership between home and school (S. 75 of the Act);

c. provide information about the operation of their school and their educational programs (S. 80 of the Act);

d. provide for the safety and welfare of students (S. 91 (b) (ii)) and specifically given the very turn over of staff that has occurred at the school in 2019;

e. investigate complaints about the administration, management and operation of the school (S. 94 of the Act); and

f. handle complaints that are made about the behaviour of members of the school board.

2. Gather evidence that substantiates the claims you make in your explanations to the above legislated requirements of ACT non-government schools.

3. Prepare for further inspections of the school by one or more authorised persons to verify the schools compliance with all matters listed in this letter and all or some of the conditions of registration.

Please provide all requested material by close of business on the dates indicated above directly to Ms Tooth at [email protected].

Danielle Krajina Registrar ACT Non-government Schools 8 October 2019

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Bowden, Julia

From: Tooth, LyndaSent: Thursday, 31 October 2019 4:50 PMTo: Mest, KateSubject: FW: Findings of authorised person inquiry and inspection (letter from Danielle Krajina of 8

October 2019) [ ]

For the dossier

‐‐‐‐‐Original Message‐‐‐‐‐ From: Tooth, Lynda Sent: Thursday, 31 October 2019 4:50 PM To: Subject: RE: Findings of authorised person inquiry and inspection (letter from Danielle Krajina of 8 October 2019)

Thank you for your email.

I have sought advice from the Registrar who apologises for the delay in responding to your email of 24 October 2019.

The Registrar is happy to provide Brindabella Christian Education Limited and Brindabella Christian College with an extension of 20 business days to comply with her requests of 8 October 2019.

The Registrar has advised she is still considering the other elements in your request; and will provide further advice as soon as possible.

regards Lynda

Lynda Tooth | Senior Director Non‐government Education Regulation

Phone: +61 2 6205 8321 | [email protected]

Governance and Community Liaison Branch | Education | ACT Government GPO Box 158 CANBERRA ACT 2601 www.education.act.gov.au

‐‐‐‐‐Original Message‐‐‐‐‐ From: Sent: Thursday, 31 October 2019 4:35 PM To: Tooth, Lynda <[email protected]> Cc: DGEDUoffice <[email protected]>; Subject: Re: Findings of authorised person inquiry and inspection (letter from Danielle Krajina of 8 October 2019) [

Dear Ms Tooth

I refer to my email to you dated 24 October 2019, and the correspondence attached to that email.

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I note that it has been a week since my email and we have not received a response, despite the deadlines imposed on the provision of material by my client and the seriousness of the matters being addressed. In the circumstances, it would be unreasonable for the Directorate to expect my client to provide the information requested, particularly in light of the fact that the concerns raised in my letter remain unaddressed. Could you please advise when my client can expect a response to my email. Kind regards

Sent from my Samsung Galaxy smartphone. ‐‐‐‐‐‐‐‐ Original message ‐‐‐‐‐‐‐‐ From: Date: 24/10/19 12:07 pm (GMT+10:00) To: "'[email protected]'" <[email protected]> Cc: "'[email protected]'" <[email protected]>, > Subject: Findings of authorised person inquiry and inspection (letter from Danielle Krajina of 8 October 2019)

Dear Ms Tooth Please find attached our correspondence of today's date. We look forward to receiving your response as soon as possible, noting our requests in the letter. Kind regards

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Bowden, Julia

From: BERRYSent: Tuesday, 5 November 2019 11:40 AMTo:Subject: Letter from Minister BerryAttachments: 20191105075430570.pdf

Dear Please find attached a letter from Minister Berry, Kind regards, Thomas Rosser | Adviser Phone: +61 2 6205 2898|Email: [email protected]

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k hd edòô - education

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