On this page
We have developed practice statements to assist you how the law should be interpreted and to provide guidance on specific insolvency practices.
Information on this page includes how the:
- Inspector-General in Bankruptcy will exercise specific powers.
- Official Trustee carries out its trustee duties and how decisions are made in the administration of bankrupt estates.
- Official Receiver performs functions and exercises powers.
- Inspector-General in Bankruptcy expects practitioners to exercise their powers and comply with their duties.
Use filters to refine the list of documents:
User Type: filter documents by category of user
Subject: filter documents by insolvency topic
Document Type: Search with descriptors used in the previous version of Practice Guidance :
- Inspector General Practice Direction / IGPD. What trustees and debt agreement administrators need to do and how they need to do it.
- Inspector General Practice Statement / IGPS. How AFSA (the Inspector-General) does its regulatory work.
- Official Receiver Practice Statement / ORPS: How AFSA (the Official Receiver) does its registry work, and requirements for the issue of statutory notices to assist trustees.
- Official Trustee Practice Statement / OTPS. How AFSA (the Official Trustee) administers bankrupt estates.
Title | Subtitle |
---|---|
Security of information for personal insolvency practitioners | Security of information for personal insolvency practitioners (IGPG2) |
Treatment of property in bankruptcy | Treatment of property in bankruptcy (OTPS2) |
Advertising and promotional activities of personal insolvency practitioners | Advertising and promotional activities of personal insolvency practitioners (IGPD4) |
Fit and proper requirements for personal insolvency practitioners | Fit and proper requirements for personal insolvency practitioners (IGPS19) |
Unclaimed money | Unclaimed money (ORPS10) |
Objections to discharge from bankruptcy | Objections to discharge from bankruptcy (IGPD7) |
Debt agreements | Debt agreements (ORPS11) |
Treatment of debts in bankruptcy | Treatment of debts in bankruptcy (OTPS8) |
Reviewing remuneration of trustees and costs of third party service providers | Reviewing remuneration of trustees and costs of third party service providers (IGPS16) |
Independence of personal insolvency practitioners | Independence of personal insolvency practitioners (IGPD1) |
Trustees' guidelines relating to handling funds and keeping records | Trustees' guidelines relating to handling funds and keeping records (IGPD5) |
Section 50 interim control orders | Section 50 interim control orders (OTPS7) |
Choses in action | Choses in action (OTPS6) |
Requesting consent to travel overseas | Requesting consent to travel overseas (OTPS3) |
The end of a bankrupt's period of bankruptcy | The end of a bankrupt's period of bankruptcy (OTPS4) |
Statutory reviews of trustees’ decisions | Statutory reviews of trustees’ decisions (IGPS12) |
Collection of realisations and interest charges | Collection of realisations and interest charges (IGPD2) |
Controlling trustees' roles and duties | Controlling trustees' roles and duties (IGPD12) |
Monitoring and inspection of bankruptcy trustees and debt agreement administrators | Monitoring and inspection of bankruptcy trustees and debt agreement administrators (IGPS11) |
Advertising meetings of creditors on the AFSA website | Advertising meetings of creditors on the AFSA website (IGPD21) |
Effective practitioner communication | Effective practitioner communication (IGPD22) |
Process for handling complaints against practitioners and debtors | Process for handling complaints against practitioners and debtors (IGPS10) |
Debt agreement administrators’ guide to proper accounts | Debt agreement administrators’ guide to proper accounts (IGPD15) |
Expenses that an administrator can recover in a debt agreement | Expenses that an administrator can recover in a debt agreement (IGPD3) |
Determination of a trustee’s remuneration | Determination of a trustee’s remuneration (IGPS15) |
Infringement notices | Infringement notices (IGPS18) |
Remuneration entitlements of a registered bankruptcy trustee | Remuneration entitlements of a registered bankruptcy trustee (IGPD6) |
Bankruptcy by sequestration order | Bankruptcy by sequestration order (ORPS3) |
Annual administration returns | Annual administration returns (IGPS7) |
Proper performance of duties of a bankruptcy trustee | Proper performance of duties of a bankruptcy trustee (IGPD14) |
Guidelines relating to administrators' duty to notify creditors of 3-month arrears default | Guidelines relating to administrators' duty to notify creditors of 3-month arrears default (IGPD17) |
Referring offences against the Bankruptcy Act 1966 to the Inspector-General | Referring offences against the Bankruptcy Act 1966 to the Inspector-General (IGPS14) |
Debt agreement administrators' guidelines to certification requirements | Debt agreement administrators' guidelines to certification requirements (IGPD13) |
Trustee remuneration notifications | Trustee remuneration notifications (IGPD18) |
Guidelines relating to administrators' duty to notify the Official Receiver of 6-month arrears default | Guidelines relating to administrators' duty to notify the Official Receiver of 6-month arrears default (IGPD16) |
Involuntary cancellation of trustee registration | Involuntary cancellation of trustee registration (IGPS8) |
Involuntary cancellation of debt agreement administrator registration | Involuntary cancellation of debt agreement administrator registration (IGPS9) |
Inspecting documents filed with the official receiver | Inspecting documents filed with the Official Receiver (ORPS9) |
Official receiver notices | Official Receiver notices (ORPS7) |
Administration of estates of deceased persons | Administration of estates of deceased persons (ORPS5) |
Processes for registration of trustees | Processes for registration of trustees (IGPS13) |
The National Personal Insolvency Index | The National Personal Insolvency Index (ORPS8) |
Applying for a bankruptcy notice | Applying for a bankruptcy notice (ORPS6) |
Income contributions | Income contributions (OTPS1) |
Temporary debt protection | Temporary debt protection (ORPS1) |
Bankruptcy by debtor's petition | Bankruptcy by debtor's petition (ORPS2) |
Setting up a personal insolvency agreement | Setting up a personal insolvency agreement (ORPS4) |
Processes for registration of debt agreement administrators | Processes for registration of debt agreement administrators (IGPS4) |
Treatment of capital gains tax in bankruptcy | Treatment of capital gains tax in bankruptcy (IGPG3) |