news, education,
A Canberra private school breached child safety principles when it terminated the enrolment of two students, the ACT Human Rights Commission has found. The commission has also recommended the ACT government amend the Education Act 2004 to ensure safeguards apply to all decisions to not enrol or re-enrol students. Brindabella Christian College did not allow the brothers to re-enrol at the school at the beginning of 2020 after their parents, Jodie and Aldrin Jayatilaka, approached the school board about instability and the high turnover of teachers at the independent school. The school advised the family that the boys, due to enter year 9 and year 12, were not to be re-enrolled because the parents had “displayed outward displeasure at the administration of the school” and they had “encouraged others to also find issues with the way in which the school and the education is administered in a way that has created an unhealthy environment of anger and disunity”. The ACT Human Rights Commission published a final report into the matter online on Friday. “In our consideration of the complaint, and following our review of the information provided to the commission, we are of the view that the decision to not allow the two brothers to re-enrol at BCC in 2020 is inconsistent with the National Principles of Child Safe Organisations, and the school did not appropriately provide a service for children and young people,” the report said. The commission found the school did not abide by procedural fairness when it decided to exclude the two brothers without any opportunity for them to be consulted, to provide their views and to participate in the decision. The commission report said it didn’t have any information which showed that Brindabella Christian College had considered the importance of friendships for the two boys, especially for the student who was about to start their final year of studies in year 12. READ MORE: The National Principles of Child Safe Organisation were endorsed by all Commonwealth, state and territory governments following the Royal Commission into Institutional Responses to Child Sexual Abuse. The report said the actions of the school were inconsistent with four out of the ten principles. Mrs Jayatilaka had made a previous complaint about the school and its board to the ACT Human Rights Commission in September 2019 after her daughter was pulled out of class and questioned about her feelings towards board members. The commission found that the school did not allow her sons to be enrolled because she had made the previous complaint, which was contrary to section 98 of the Human Rights Act. The commission has recommended Brindabella Christian College review its enrolment agreement, enrolment practices and complaints policy to ensure they are consistent with the National Principles of Child Safe Organisations, the Discrimination Act 1991 and the ACT Education Act 2004. It recommended the school provide a report of these reviews to the ACT Education Directorate and the federal Education Department proving that the policies had been amended. The commission all called for the Education Directorate to work on its registration standards and oversight mechanism of non-government schools to ensure it can investigate complaints and concerns about noncompliance with registration. “The ACT Education Directorate should provide a progress report to the ACT Education Minister arising from this program works within 12 months of being provided with this report,” the report said. “The commission notes the ACT government, as a public authority, has obligations under the Human Rights Act 2004 to act consistently with human rights, including the right to equality before the law, freedom of expression, and the right to education. “This includes taking steps to protect individuals from having their rights breached by third parties.” A spokesperson for Education Minister Yvette Berry said the ACT government would consider the recommendations and respond in the required timeframe. “Non-government schools can establish their own enrolment guidelines,” the spokesperson said. “While section 105 of the Education Act 2004 ensures procedural fairness where an exclusion is based on a student’s behaviour, this does not prevent non-government schools from excluding a student for other reasons. “Parents and carers may wish to seek independent advice on potential legal avenues that might be available.” The spokesperson said the ACT government was already undergoing a review of the Education Act 2004 including the regulation of non-government schools. Brindabella Christian College has been contacted for comment. For faster access to the latest Canberra news, download The Canberra Times app for iOS and Android.
/images/transform/v1/crop/frm/fdcx/doc76ra3gauqaw1gjtmyh5j.jpg/r0_272_5338_3288_w1200_h678_fmax.jpg
A Canberra private school breached child safety principles when it terminated the enrolment of two students, the ACT Human Rights Commission has found.
The commission has also recommended the ACT government amend the Education Act 2004 to ensure safeguards apply to all decisions to not enrol or re-enrol students.
Brindabella Christian College did not allow the brothers to re-enrol at the school at the beginning of 2020 after their parents, Jodie and Aldrin Jayatilaka, approached the school board about instability and the high turnover of teachers at the independent school.
The school advised the family that the boys, due to enter year 9 and year 12, were not to be re-enrolled because the parents had “displayed outward displeasure at the administration of the school” and they had “encouraged others to also find issues with the way in which the school and the education is administered in a way that has created an unhealthy environment of anger and disunity”.
The ACT Human Rights Commission published a final report into the matter online on Friday.
“In our consideration of the complaint, and following our review of the information provided to the commission, we are of the view that the decision to not allow the two brothers to re-enrol at BCC in 2020 is inconsistent with the National Principles of Child Safe Organisations, and the school did not appropriately provide a service for children and young people,” the report said.
The commission found the school did not abide by procedural fairness when it decided to exclude the two brothers without any opportunity for them to be consulted, to provide their views and to participate in the decision.
The commission report said it didn’t have any information which showed that Brindabella Christian College had considered the importance of friendships for the two boys, especially for the student who was about to start their final year of studies in year 12.
The National Principles of Child Safe Organisation were endorsed by all Commonwealth, state and territory governments following the Royal Commission into Institutional Responses to Child Sexual Abuse.
The report said the actions of the school were inconsistent with four out of the ten principles.
Mrs Jayatilaka had made a previous complaint about the school and its board to the ACT Human Rights Commission in September 2019 after her daughter was pulled out of class and questioned about her feelings towards board members.
The commission found that the school did not allow her sons to be enrolled because she had made the previous complaint, which was contrary to section 98 of the Human Rights Act.
The commission has recommended Brindabella Christian College review its enrolment agreement, enrolment practices and complaints policy to ensure they are consistent with the National Principles of Child Safe Organisations, the Discrimination Act 1991 and the ACT Education Act 2004.
It recommended the school provide a report of these reviews to the ACT Education Directorate and the federal Education Department proving that the policies had been amended.
The commission all called for the Education Directorate to work on its registration standards and oversight mechanism of non-government schools to ensure it can investigate complaints and concerns about noncompliance with registration.
“The ACT Education Directorate should provide a progress report to the ACT Education Minister arising from this program works within 12 months of being provided with this report,” the report said.
“The commission notes the ACT government, as a public authority, has obligations under the Human Rights Act 2004 to act consistently with human rights, including the right to equality before the law, freedom of expression, and the right to education.
“This includes taking steps to protect individuals from having their rights breached by third parties.”
A spokesperson for Education Minister Yvette Berry said the ACT government would consider the recommendations and respond in the required timeframe.
“Non-government schools can establish their own enrolment guidelines,” the spokesperson said.
“While section 105 of the Education Act 2004 ensures procedural fairness where an exclusion is based on a student’s behaviour, this does not prevent non-government schools from excluding a student for other reasons.
“Parents and carers may wish to seek independent advice on potential legal avenues that might be available.”
The spokesperson said the ACT government was already undergoing a review of the Education Act 2004 including the regulation of non-government schools.
Brindabella Christian College has been contacted for comment.
