The Fitness and Propriety Reassessment required by Children’s Education and Care Assurance (CECA) in September 2019 still hasn’t been undertaken by BCC senior management. This includes the Brindabella Board Chair and ELC Director. In addition, CECA stipulated further training is required, specifically in regards National Quality Area 5.1: Relationships with Children.
The College’s lawyers have been challenging the legislative application by CECA of this Fitness Reassessment requirement of the Board. BCC is expending parent fees and public money disputing the Education and Care Services National Law and Regulations, arguing that it does not apply to the Board Chair. The Law states under Section 12, the Applicant for a Provider Approval must satisfy CECA that “each person with management or control of an education care service to be operated by the applicant is a fit and proper person to be involved in the provision of such a service”. Why is the Board expending finite resources on avoiding endorsement and the opportunity to demonstrate fitness?
CECA has responded to the lawyers in January 2020 stating their “concern regarding Fitness and Propriety arises principally from the Provider’s demonstrated lack of understanding of appropriate interactions between educators and children” and “From a fitness and propriety perspective, the Providers lack of understanding of the reasons the educator’s conduct was inappropriate, is substantially more concerning than the conduct itself”.
Yet, still no concrete action taken by a regulator against the College following allegations of appalling behaviour.
Alarmingly, the ability to protect children at Brindabella is being hindered every day by:
- BCC’s aggressive use of legal tactics to tie up regulators calling BCC senior management to account ;
- the binding of staff, teachers and carers in their employment agreements, prohibiting them from saying anything negative about the College, its staff or its Board, even to regulatory authorities;
- the binding of parents through current enrolment contract clauses prohibiting them from saying anything negative about the College, its staff or its Board to anyone, without the threat of having their children expelled from the school, which we have already seen the school has been willing to do;
- a complaints and grievance handling policy which in practice has required complainants to pay their own way through mediation with a third party, Peacewise, if making complaint against a school executive or Board.
- an ongoing culture of fear at BCC - the fear of reprisals and fear of job losses if parents or teachers speak out.
It’s IMPORTANT you write to one of the regulators listed in the previous update asking them to engage and make a change at Brindabella for the sake of all our kids. Now is the time to speak out and make a difference!