According to documents contained in a Freedom of Information request by Save Our Schools convener Trevor Cobbold and uploaded to the ACT government website, the ACT Education Directorate raised several serious concerns with approving a second campus for the Brindabella Christian College and the establishment of the At-Taqwa Islamic School.

Overriding this advice, as well as the intent of the ACT Education Act, Ms Burch approved the new schools late last year, sparking a long-running battle with public education groups SOS, the Australian Education Union and the ACT Council of Parents and Citizens Association.

Mr Cobbold said the new evidence was ''gobsmacking'' in that Ms Burch was given several clear warnings by the directorate that the schools did not meet the legislative requirements for approval.

It is the latest in a string of criticism of her handling of non-government school approvals - including giving permission for both schools to set up on the sites of former government schools that were closed down - and which has resulted in a departmental review of the legislation and approval processes.

According to the Education Act 2004, the Minister ''must have regard to whether the provision of the additional education campus by the school would undermine the viability of existing schools'' as well as ''the demand for the additional campus, including the level of registration of interest shown by the community for the proposed provision of the additional campus by the school''. But according to advice given by the directorate's planning and performance branch, the second campus of the Brindabella Christian College in the old Charnwood High School not only threatened enrolments across existing schools in West Belconnen, but potentially across other suburbs.

The branch confirmed ''as there is currently capacity at most public schools in Belconnen, particularly in the high school and college sector, the proposed BCC Charnwood campus is likely to impact on the viability of existing public schools in Belconnen''. In addition, the proposed Charnwood campus could threaten the existing Brindabella Christian College Lyneham campus.

With 73 per cent of students enrolled living in Belconnen or Gungahlin, the Charnwood site could see these students transfer - with the directorate warning

Lyneham ''will need to target a broader geographical area of the ACT''. In her response, Ms Burch said: ''I consider that the campus will not negatively impact on the viability of any existing public or non-government schools.'' A spokesman for Ms Burch said on Wednesday that ''the Minister did not receive advice that would have supported the rejection of the application for a K-4 campus,'' which was what was given approval.

This is despite the college's clear intention to extend classes to year 12 in the future.

''Should BCC wish to extend beyond year 4 at the Charnwood campus at some time in the future, they would need to make a new application for in-principle approval, and in considering such an application the Minister would have regard to the criteria set out in the legislation,'' the spokesman said.

In the case of the Islamic school, several senior departmental officials questioned the At Taqwa school's evidence of enrolment demand for a second Islamic school in the ACT.

Advice from the planning and performance branch stated: ''As the ISC (Islamic School of Canberra in Weston) has experienced very slow growth, from 62 students in 2007 to 150 students in 2012, it is unlikely that the proposed school would experience enrolments of 800 by 2022 as stated in the application.'' The formal assessment of the application concluded ''… the claims relating to demand for a second Islamic school are unsubstantiated by the applicant.'' In her letter granting in-principle approval to the school, Ms Burch said there was ''sufficient evidence of community demand for the campus''.

Ms Burch's spokesman said Canberra Muslim Youth - the body setting up the school - had provided ''letters of support from Muslim community leaders and a petition of expressions of interest from prospective enrolments with about 100 signatures.'' She also took into consideration advice provided by the Office of Multicultural Affairs, which stated there would be demand for a second school.

Mr Cobbold said FOI documents provided a ''smoking gun'' to show Ms Burch had ''trashed the process to examine applications for in-principle approval set out in the Education Act''. He said: ''Ms Burch does not want to be seen to oppose any private schools in the ACT.'' The Australian Education Union said the documents reinforced the need for ''substantial amendments to the Education Act. We have made clear to the Minister what those changes should be.''