Simon Brimingham's double standards: College Of Law allowed FEE HELP abuses denied other colleges

by Ganesh Sahathevan


Senator Simon Birmingham has flagged a crackdown on predatory pricing.

Senator Simon Birmingham has flagged a crackdown on predatory pricing.Source:Supplied‘This is a blatant rip-off of the taxpayer’: Training colleges facing audit of ‘predatory’ pricing


In 2015 then Assistant Education and Training Minister Simon Birmingham said he found VET FEE HELP funded private colleges charging fees obviously in  excess of cost “absolutely concerning”.

“I’ve written to and had communications with the ACCC with concerns about unscrupulous practices, not just in terms of sign-ups but also some pricing activity,” he said then.

Three years later, now Minister of Education Simon Birmingham seems unconcerned by FEE HELP abuses by the College Of Law Sydney,which has a captive market in providing Professional Legal Training courses for the Legal Profession Admission Board NSW. The College's PLT course is FEE HELP funded for local students. Course delivery has suffered as a result of an on-line format that has reduced costs, and freed up funds for use in the College's overseas expansion. 

SEE:




 
JUN
11

by Ganesh Sahathevan
June 11 2018



https://www.collaw.edu.au/about/corporate-governance/board-of-governors



The College Of Law (TCOL) ,once wholly-owned by the Law Society NSW but now a separate but controlled entity, has been busy in South East Asia, especially in Malaysia. TCOL executives are often in Malaysia, Singapore and the Philippines , to promote various educational programs and sponsor local events.  The Malaysian Bar Annual General Meeting and Annual Dinner & Dance, Kuala Lumpur, 2018 is but one example.
Its main source of revenue is the Australian taxpayer, who funds FEE HELP grants for local law students whose enrollment at the College is more or less compulsory:the College is the only entity in Sydney (and one of two in NSW) authorized by the NSW Government's Legal Profession Admission Board to offer the Practical Legal Training diploma, without which admission to practice in NSW is almost impossible.

The use of FEE HELP funded revenue to fund the offshore expansion of any private college is probably not what taxpayers had in mind when FEE HELP and other forms of student aid was first  spoken of . Nevertheless ,that is how the TCOL funds its overseas expansion,and the Department Of Education (DOE) does not seem to mind.

The DOE has informed this writer that the College and other FEE HELP recipients are free to charge whatever they like, and that funding is not limited to cost recovery.Instead FEE HELP grants are determined by the students, who  determine their debt burden, 

The DOE simply funds that debt,which is determined by the student and student only.
The Department and Minister Simon Birmingham have not explained how this is an efficient use of taxpayer funds.Neither have they been able to explain how an overseas adventure like that of the TCOL's,funded by the taxpayer, is of any use  to the Australian taxpayer. 
TCOL's  FEE HELP funded business model  is unique given that it remains tied to the Law Society NSW ,even if no longer wholly-owned, and its FEE HELP funded business in existence because of its Government mandated PLT duopoly in NSW, and virtual monopoly in NSW.
It is in other words a business of a professional body supported and funded by the Government.Take Government funding away, and its overseas adventures will cease.The same might be said for its local PLT business. 

END


College Of Law 

BOARD OF GOVERNORS

Joseph Catanzariti

Joseph Catanzariti AM

Chair, Non-Executive Governor
BA (UNSW), LLB (UNSW), FCL
Current positions
  • Appointed to the Board of The College of Law Limited in 2009 and has served as Chair since that time
  • Chair of the Executive Committee
  • Chair of the Nominations Advisory Committee
  • Director of College of Law New Zealand Limited
  • Vice President of the Fair Work Commission 
  • Adjunct Associate Professor in Work and Organisational Studies, School of Business at Sydney University
  • Visiting Professorial Fellow, School of Law, Faculty of Law at University of NSW

Previously held positions and experience
  • Chair of College of Law Pty Limited
  • Director of College of Law Queensland Pty Limited, College of Law Victoria Pty Limited and College of Law Western Australia Pty Limited
  • Senior partner and Practice Head of the National Clayton Utz Workplace Relations, Employment and Safety Practice Group 
  • Trusted advisor to many of Australia's leading private companies and government departments (on all aspects of  employment law and workplace relations)
  • A highly experienced commercial litigator
  • President of the Law Council of Australia
  • President of the Law Society of NSW
  • Chair of the Workplace Committee of the Law Society of NSW
  • Secretary of the Industrial Relations Society of Australia
Neville Carter

Neville Carter AM

Chief Executive Officer, Principal Executive Governor
BA LLB (Syd), MBA (Mel) FCL
Current positions
  • Chief Executive Officer of The College of Law  
  • Appointed to the Board of The College of Law Limited in 2009
  • Member of the Executive Committee
  • Member of the Nominations Advisory Committee
  • Director of College of Law New Zealand Limited

Previously held positions and experience
  • In the 2018 Australia Day Awards, was made a member of the Order of Australia in recognition of his significant service to legal education through executive roles, to the law as a legal practitioner, and to professional standards
  • Managing Director of The College of Law   
  • Director of College of Law Pty Limited, College of Law Queensland Pty Limited, College of Law Victoria Pty Limited, College of Law Western Australia Pty Limited and Quality in Law Inc
  • Extensive experience designing and managing large professional education programs
  • Strong background in business and management training for the legal profession
  • National Director, Institute of Professional Legal Studies, NZ
  • Associate Professor and Head of School of Legal Practice, UTS
  • Senior Lecturer and Head Professional Practice, University  of  Technology (MARA, Shah Alam, Malaysia)
  • Partner in a three partner Sydney law firm
  • Chair of the Australasian Professional Legal Education  Council
  • Evaluator for the Australian Business Excellence Awards

Judith Choate

Non Executive Governor
LLM, LLB, GDLP, BA (High Honors), CTA
Current positions
  • Appointed the Board of The College of Law Limited in February 2018
  • Chair of the College of Law South Australia Chapter Board
  • Director, Legal Services, South Australia for KPMG
  • Treasurer, Board of Management – Beit Shalom Synagogue Adelaide
  • Member of the Australian Institute of Company Directors

Previously held positions and experience
  • Partner and National Head of Tax and Revenue – Piper Alderman
  • Founding Trustee – Remember the Holocaust Foundation
  • Corporate and commercial lawyer with 27 years’ experience in private practice in Australia specializing in Australian Tax and Revenue Law
  • Chartered Tax Adviser
  • Course Co-Ordinator and lecturer in Tax Law – Law Society of South Australia, GDLP and PLT Programs
  • Unit Co-ordinator and lecturer, Tax Law – Flinders University
  • Mentor – international post-graduate Tax Law students - University of Melbourne Law School
  • 2015 finalist for the Tax Institute of Australia Chartered Tax Advisor of the Year Award
Glenn Ferguson

Glenn Ferguson AM

Non-Executive Governor
FAICD, FCL, FANZCN
Current positions
  • Appointed to the Board of The College of Law Limited in 2011
  • Chair of the College of Law Queensland Chapter Board
  • Member of the Audit, Risk and Compliance Committee
  • Managing Director of Ferguson Cannon Lawyers in Queensland
  • Senior Counsellor with the Queensland Law Society
  • Founding Fellow of the Australian Academy of Law
  • Fellow of the Australian Institute  of Company Directors
  • Fellow of the Australia and New Zealand College of Notaries
  • Fellow of the College of Law
  • Chair of WorkCover Queensland
  • Chair of Lexon Insurance

Previously held positions and experience
  • Chair of College of Law Queensland Pty Limited
  • President of the Law Council of Australia, Lawasia
  • President of the Queensland Law Society
  • Served for 10 years as Member of the Federal Attorney Generals International Legal Services Advisory Council and the Immigration Ministers Advisory Board
  • Appointed by federal and state governments to various advisory boards and taskforces in the legal, migration and business sectors
  • Has held (and continues to hold) a number of board positions in the public and private sectors (including insurance, superannuation, education, sport, charity and IT)
  • Chaired a publicly listed company
  • Appointed by the Prime Minister to the Expert Panel to consider the recognition of Indigenous Australians in the Constitution in 2010
  • In the 2015 Australia Day Awards was made a member of the Order of Australia for his service to the legal profession both nationally and internationally – particularly in the Asia Pacific region 
Alison Gaines

Alison Gaines

Non-Executive Governor
FAICD, FAIM, INSEAD Certified Director 2013
Current positions
  • Appointed to the Board of The College of Law Limited in 2011
  • Chair of the College of Law Western Australia Chapter Board
  • Chair of the Remuneration Committee
  • Chair of the Fellowship Advisory Committee
  • Member of the Nominations Advisory Committee
  • General Manager, Asia Pacific
  • Practice Leader and Board consultant for international executive search and consulting firm, Gerard Daniels
  • Chair of the Murdoch University Foundation and Veterinary Trust
  • Vice President of the Australian Institute of Company Directors (WA)
  • President of Australian Institute  of Management (WA)
  • Deputy Chair of the INSEAD International Directors Program Advisory Committee (a global club)

Previously held positions and experience
  • Chair of College of Law Western Australia Pty Limited (until its deregistration in August 2015)
  • Non-executive Director of companies; university, superannuation fund, public sector and industry training boards; and professional associations
  • Over 25 years of Board experience in Australia and internationally
  • Member of the Governance Committee, Law Council of Australia
  • Chief Executive Officer of the Law Society of Western Australia
  • Director for strategic workforce planning and executive development in the Public Sector Management Office in the Western Australian Government
  • Academic and researcher at several Australian universities
  • Member of the Murdoch University Senate (1999- 2008) and its Deputy Chancellor from (2006-2008) and Adjunct Professor in its Law School
  • Awarded an Honorary Doctorate from the Murdoch University and received the 2016 Distinguished Alumni Award
  • Holds degrees and qualifications in law, governance, public policy and international politics
Terrence Mcfadgen

Terrence McFadgen

Non-Executive Governor
LLB (Hons) (Auck), LLM (Harv)
 Current positions
  • Appointed to the Board of The College of Law Limited in 2011
  • Member of the Audit, Risk and Compliance Committee
  • Member of the Remuneration Committee and the Executive Committee
  • Director of College of Law New Zealand Limited

Previously held positions and experience
  • Chief Executive Officer, College of Law New Zealand
  • Senior executive experience with extensive general management and leadership experience in the Australasian industrial sector
  • Commercial partner  at Simpson Grieson, Auckland
  • Chief Executive Officer of a number of New Zealand listed  companies including Fletcher Challenge Building, Fletcher Challenge Forests and Jennings Group Limited
  • External Monetary Policy Advisor, Reserve Bank of New Zealand 
William Oshea

William O'Shea

Non-Executive Governor
BSc, LLB (Honours) (Mel), Dip Ed (Mel) FC
Current positions
  • Appointed to the Board of The College of Law Limited in 2015
  • Chair of the College of Law Victoria Chapter Advisory Board
  • General Counsel of the Victorian Arts Centre Trust
  • Member of the Elder Law and Health Law Sections of the Law Institute
  • Chair of AMREP AS Pty Limited, a company  jointly  owned  by Baker IDI Limited  and The Burnet Institute that operates The Alfred precinct's animal facility
  • Co-host of weekly radio program on 774 ABC Victoria with Alfred psychiatrist Dr Steve Ellen covering current legal and medical issues

Previously held positions and experience
  • Chair of College of Law Victoria Pty Limited (until its deregistration in August 2015)
  • General Counsel at Alfred Health (2003-2015)
  • Managing Partner and Head of the Commercial Law Practice Group of national law firm, Hunt & Hunt
  • President of the Law Institute of Victoria in 2003, member of its Council for seven years
  • Member of the International Legal Services Advisory Council (ILSAC)
  • President of the Australia China Business Council in Victoria for 10 years and is a life member
  • Director of the Melbourne Symphony Orchestra (2003-2006)
  • A ministerial advisor and speechwriter to the then Premier of Victoria
  • Teacher of secondary school mathematics in Australia and the UK
  • Council member of Caulfield Grammar School (1996-2007)  
  • A key legal advisor in the establishment of the Caulfield Grammar School China campus in Nanjing, China in 1998 
Lewis Patrick

Lewis Patrick

Chief Academic Officer, The College of Law
BA LLB (Sydney); LLM (Sydney); Grad Cert in University Teaching and Learning (CSU); Solicitor of the Supreme Court of NSW
Current positions
  • Appointed to the Board of The College of Law Limited in 2011
  • Chair of the Academic Board
  • Deputy Chief Executive Officer
  • Chief Academic Officer 
  • Member of the Course Committee and Senior Management and Executive Management Teams 
  • Member of the Law Society of New South Wales
  • Officer of the Academic and Professional Development Committee of the International Bar Association (IBA)
 
Previously held positions and experience
  • A variety of positions at The College of Law including Senior Lecturer, Lecturer and Director, Co-operative Programs
  • Over 30 years' experience in general legal practice
  • Holds a Masters of Law and a Graduate Certificate in Tertiary Teaching and Learning
  • Recently completed a SoTL Leadership Certificate on Curriculum and Pedagogy in Higher Education at the University of British Columbia
John Randall

John Randall

Non-Executive Governor
BEc, FCPA, FCIS and MAICD
Current positions
  • Appointed to the Board of The College of Law Limited in 2011
  • Chair of the Audit, Risk and Compliance Committee 
  • Member of the Remuneration Committee and the Executive Committee
  • Director of Outcomes Australia Pty Limited

Previously held positions and experience
  • General Manager Finance and Company Secretary of Metcash Limited (joined the company in 1997 when it was Davids Limited and helped to re­engineer the company to create the successful Metcash business)
  • Chief Financial Officer of Metal Manufactures Limited
  • Chief Financial Officer of Overseas Telecommunications Corporation Limited
  • Graduate of the University of Sydney and Harvard Business School's Advanced Management Program
  • Experience in financial, marketing and operational management
  • President of the Accounting Foundation, University of Sydney
  • National President of the Group of 100
  • NSW President and National Board Member of CPA Australia
  • Actively involvement in several charitable organisations  
Kathryn Laurie

Kathryn Laurie

Company Secretary
BBus, LLB, Grad Dip Applied Corporate Governance, FGIA, MAICD
Current positions
  • Joined the College of Law in October 2011 and is the Company Secretary of The College of Law Limited and its Australian subsidiaries
  • Fellow of the Governance Institute of Australia
  • Member of the Australian Institute  of Company Directors
 
Previously held positions and experience
  • Over 15 years’ company secretarial experience, including  Company Secretariat of Qantas Airways Limited, secretary of Qantas’ subsidiaries and a number of managerial positions
  • A Bachelor of Business, Bachelor of Laws and Graduate Diploma of Applied Corporate Governance
  • Admitted as a solicitor of the Supreme Court of NSW in 2010 
Niall Henderson

Niall Henderson

Chief Financial Officer
BAcc, CA, ACA, GAICD
Current positions
  • The College's Chief Financial Officer and Company Secretary
  • Graduate member of the Australian Institute of Company Directors

Previously held positions and experience
  • Chartered Accountant (Australia and Scotland)
  • Over 25 years’ commercial experience including eight years as Chief Financial Officer and Company Secretary of a leading AS

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