Malek Fahd Islamic School to remain open after judge orders Government to restore funds

AUSTRALIA’S largest Islamic school will remain open after a Federal Court judge ordered the Federal Government to no longer withhold funding.

Dr John Bennett, chairman of the board of Malek Fahd Islamic School.

• School waits to hear fate
• Islamic school hopes court will rule in favour

AUSTRALIA’S largest Islamic school will remain open after a Federal Court judge ordered the Federal Government to no longer withhold funding.

Malek Fahd Islamic School, which has about 2400 students and 250 teachers spread over three campuses at Greenacre, Hoxton Park and Beaumont Hills, was in danger of closing after the Federal Government told the school in April it would stop making monthly payments citing concerns over its governance, restructuring, and transparency.

Malek Fahd Islamic School on Waterloo Rd, Greenacre.

Judge John Edward Griffiths today ordered the month-by-month funding be restored and back-paid to April.

This means the school will receive about $6.5 million as a result of today’s court ruling.

The school received monthly payments of $1.6 million in January, February and March, but money was halted in April due to concerns about rent being paid to the Australian Federation of Islamic Councils which used to run the school.

The school had cut its ties with AFIC and a new board, led by chairman Dr John Bennett, had sought an order from the Federal Court to suspend the Government’s decision to delay funding for the school.

Dr Bennett said he was “absolutely delighted” by the court’s decision.

“We are very happy with the outcome and very grateful we got a decision so early,” he said.

“It helps to take the pressure off family, students and staff.”

Dr Bennett said it was now business as usual and the school would reopen to students at the start of Term 3 on Tuesday, July 18.

Funding will be restored to Malek Fahd Islamic School.

Parents had been kept informed of what was happening through newsletters on the school website, as well as media reports. Administration staff would remain working at the school throughout the holidays if parents had any questions.

Dr Bennett said as far as he was aware no teaching staff had left but he would not know if any students had left to attend other schools until Term 3.

“In the past, parents and families have been very loyal.”

A federal Department of Education spokesman said the court’s decision today related to current payments to Malek Fahd Islamic School but does not affect the department’s decision of February 8 to revoke the approval of the authority responsible for the school.

The spokesman said the Administrative Appeals Tribunal affirmed the department’s decision to revoke the authority’s approval and this matter was heard by the Federal Court on May 17, with an outcome still pending.

“Approved authorities have a responsibility to familiarise themselves with the requirements that need to be met in order to receive funding under the Education Act,” the spokesman said.

“MFISL (Malek Fahd Islamic School Limited) is also a registered company under the Corporations Act, meaning board members also have responsibilities as company directors.”

MFISL was responsible for ensuring compliance with school funding legislation and any additional requirements imposed on the authority by the department, including unresolved issues involving past boards.

Sydney islamic school losses $19m funding

The spokesman said the department considered that the authority for Malek Fahd Islamic School remained non-compliant with the Australian Education Act 2013 and had defended the February 8 decision accordingly.

The court required MFISL to spend any money provided under the court order in accordance with the Australian Education Act 2013 and not for the purposes of legal fees or lease or loan arrangements

“We remain committed to working with the Commonwealth to resolve any lingering concerns they have about the school’s compliance,” Dr Bennett said.

Malek Fahd Islamic School has had the threat of closure hanging over it for more than a year after the Federal Government withheld $19 million of funding.