Brindabella Christian College’s sorry tale should not be over yet. Photo: Region.
It’s a story that has fascinated Canberra for years, and Deloitte administrators’ forensic detailing of the actions of former Brindabella Christian Education Ltd directors before they were called in has only added to its attraction.
They have described a litany of poor governance, dodgy accounting, potential law-breaking, conflicts of interest and fiddling while Rome burned.
Yet, for those who have been battling to raise the alarm about what was going on at Brindabella Christian College, and those reporting on it, none of the investigation’s findings come as a surprise.
The Reform BCC group can now feel utterly vindicated, although there is no real joy in this particular outcome.
A price cannot be put on the emotional, financial and human cost of a struggle that at times seemed fruitless as the school community its members were once part of continued to be in thrall to its board, regulators failed to grasp the seriousness of the situation and governments seem more worried about the problems bringing BCC to heel would create than intervening to stop the runaway train crashing as it did.
It wasn’t just about financial and governance issues either.
BCC was a rogue entity that defied the Lyneham community and the ACT’s planning rules, yet ACT Government agencies allowed the school to run unchecked for years, even siding with it at times in tribunals or courts.
It could all have been avoided if regulators and agencies had done their job instead of being played by the BCEL board.
The administrators don’t delve into the way students and families were banished for speaking out, their vilification, or the way faith was weaponised to build Fortress Brindabella, but they do discuss how interested people were improperly prevented from becoming directors as power was consolidated in a small clique loyal to former board chair Greg Zwajgenberg.
Fortunately, the administrators engineered a favourable sale that means all creditors, and ironically, Mr Zwajgenberg is one of them, will be paid, and BCC continues under a new owner.
However, that success raises questions about whether ASIC or other authorities have the will to take action against the directors, given that, according to the administrators, multiple breaches of the Corporations Act – including trading while insolvent – had been occurring for four years.
Reform BCC wants justice and accountability, and so should the community.
Brindabella Christian College receives $10 million a year in taxpayers’ money, which in itself should be enough for public interest and regulators to be vigilant.
The ACT Government also coughed up $440,000 to help keep the school running after it went into administration on 5 March.
BCEL was a registered charity, enjoying the benefits and responsibilities of such, yet the charities ‘watchdog’, the Australian Charities and Not-for-profits Commission, paid no heed to years of unlodged financial statements and what was going on at the school, despite the red flags raised by Reform BCC and the extensive media attention.
Indeed, the Australian Charities and Not-for-profits Commission only began investigating after BCEL had gone into administration in March, deregistering it in June.
The story of Brindabella Christian College raises questions about the adequacy of the oversight of charities and private schools which, for all intents and purposes, are run as businesses and often involve huge amounts of money, much of it public.
For all these reasons, the administrators’ report should not be the last word on the matter; serious questions should be asked of the ACNC, and it would be worthwhile to conduct an inquiry into the way in which both the Territory and Federal governments interacted with Brindabella Christian College.
