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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) |