Brindabella Christian College could also have its childcare service shut down if it fails to comply with a new condition on its licence.

Education Directorate briefs obtained under freedom of information laws show Ms Berry wrote to the Commonwealth Education Minister Alan Tudge in January this year.

She urged the minister to ensure the Department of Education, Skills and Employment exercises its oversight of the school's compliance with governance and management obligations under federal laws.

The college was investigated by the Children's Education and Care Assurance in 2019 for alleged inappropriate discipline and interactions with children, failing to follow policies and inaccurate record-keeping.

The probe began after someone reported witnessing an educator at the Charnwood campus early learning centre allegedly drag a child out of bed, force-feed a child and verbally threaten a child.

The directorate briefs show the territory's childcare regulator invited the early learning centre managers to attend a fitness and propriety assessment in January and September last year after issuing a show cause notice.

Lawyers for the college argued for an alternative to the assessment but no alternative was proposed.

On January 18 this year, the regulator decided to impose a condition that required the college to appoint a person with management and control who has the requisite knowledge, understanding and capability to operate an early childhood service.

In February the college requested an internal review of the decision, however the internal review affirmed the regulator's decision to impose the condition.

An Education Directorate spokeswoman said the college had two weeks from April 17 to comply.

"Should Brindabella Christian College not comply with the provider condition, CECA would consider an appropriate course of action that is proportionate and meets the obligations for procedural fairness," the spokeswoman said.

Under the Education and Care Services National Law, CECA has a range of regulatory powers including compliance notices, enforceable undertakings, prosecutions and suspension or cancellation of a provider or service.

Brindabella Christian College management was contacted for comment but did not respond by deadline.

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An Education Directorate probe found the school was not recording data in the Student Transfer Register accurately, with a 41 per cent discrepancy between the register and the February 2020 school census.

The private charity that operates the school, Brindabella Christian Education Limited, has failed to submit its 2019 financial statement to the Australian Charities and Not-for-Profits commission.

It faces a $5250 penalty for the overdue reports and could have its charity registration cancelled if it does not submit the 2020 financial statement by the due date of June 30 this year.

Meanwhile, The Canberra Times understands Access Canberra Fair Trading is actively investigating the college for unfair contract terms in its enrolment agreement.

It follows a damning report from the ACT Human Rights Commission released in January which said the college breached child safety principles when it terminated the enrolment of two students because their parents had "displayed outward displeasure at the administration of the school".

The Commission made five recommendations, including that the directorate review its oversight mechanisms of non-government schools and develop comprehensive registration standards.

The directorate brief indicated that governance issues at this college would contribute to the current review of registration conditions and processes for all non-government schools.

Do you know more? Email sarah.lansdown@canberratimes.com.au

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