Bankruptcy Online commenced in January 2020. We would like to clarify a couple of matters about this new service.
Opening a Bankruptcy Online account
We have heard from some financial counsellors that some people believe that opening a Bankruptcy Online account effectively means they have commenced bankruptcy. Opening a Bankruptcy Online account is a first step in the process of applying for bankruptcy. AFSA will not take any action until a completed Bankruptcy Form has been received.
We've updated our Bankruptcy Online support content to include the following information: ‘Creating a Bankruptcy Online account does not mean you have formally commenced the bankruptcy application process - this does not happen until you submit your Bankruptcy Form to AFSA.’
Proof of identity and income evidence
One of the queries we’ve been receiving is about how to attach evidence of proof of identity or income, to the online Bankruptcy Form. If the Bankruptcy Form is being submitted online, proof of identity documents, or evidence of income, such as payslips, are not required. The Bankruptcy Online service doesn’t allow for such attachments. If additional information or documents are required, the debtor will be contacted by AFSA.
If using Bankruptcy Online, the debtor is required to complete a proof of identity check as part of the process of setting up a Bankruptcy Online account. AFSA uses the Australian Government Identity Matching Services to help verify a person’s identity. More information is available at https://beta.idmatch.gov.au/for-individuals.
If a debtor is not able to submit the Bankruptcy Form through a Bankruptcy Online account, they will need to have their approved forms of identification verified by an approved witness. This could be a justice of the peace, an accountant, police officer or pharmacist, a financial counsellor or a registered trustee. Proof of identity documents are not required to be provided with the form.
More information is available at Submitting the bankruptcy form offline.
Making a joint bankruptcy application
If you are applying for bankruptcy jointly with someone else, or with a partner of a business, you can use the digital process to submit your bankruptcy application. You will need to state that you are applying jointly with someone else or as part of a partnership and provide their name. You will each need to complete separate applications and submit them on the same day.
Registered trustee - certificate of appointment
When a registered trustee is appointed to administer a bankruptcy, a copy of the Certificate of Appointment will be available for the trustee to download from their RT portal.
If you have any further queries on Bankruptcy Online or the new Bankruptcy Form, please send an email to stakeholders [at] afsa.gov.au.