You may recall, or have participated in, a review conducted by AFSA regarding Pre-Referral Enquiries (PREs) and Alleged Offence Referrals. Following the recommendations from the review, changes will soon be implemented to the referral process. The aim of these changes is to improve the experience for referrers, making forms more user-friendly and easy to follow, saving time in the preparation of referrals and making clear what is required to ensure the relevant information is submitted.
The changes include:
A referral to AFSA Enforcement will now occur via a single form, which can be completed and uploaded online via the AFSA website or downloaded and submitted to enforcement [at] afsa.gov.au. The online upload and submission via email has a 20MB file limit. You are encouraged to submit any referral over this limit by email, split into 2 or more emails as required by the size restriction.
The information available on the AFSA website will be updated, to feature more prominently on the website and include a Frequently Asked Questions guide to assist referrers.
Updates to guidance documents, such as the Inspector-General Practice Statement 14: Referring alleged offences to the Inspector-General.
The single form better identifies what information and documentation should be provided as part of the referral processes, to reduce the need for back and forth communication between AFSA Enforcement and a referrer.
As an insolvency practitioner, if you have any concerns about these changes and how this may impact the way in which you meet your obligations to consider and refer offending to the Inspector-General, we encourage you to contact AFSA Enforcement to discuss further.