Practice Interview Questions for RDAA Registration Applicants

These questions provide applicants seeking registration as a debt agreement administrator with a broad understanding of the level of technical complexity of questions asked at a registration interview. The questions and answers reflect the law at the time of publication.

The questions do not cover all topics that could be asked about in an interview.  It also does not reflect the total number of questions asked in an interview.

Delegates of the Inspector-General in Bankruptcy may ask other questions to satisfy themselves that an applicant shows the requisite knowledge and ability to be registered as a debt agreement administrator.  There may be several questions asked specifically relating to the systems and controls that a potential administrator has in place to administer debt agreements.

Further information on the registration process can be found at Inspector-General Practice Statement 4 for registered debt agreement administrator applicants.

Questions

Publication date: 03 February 2021

Commencement of Administration

1.1 A debtor wants an RDAA to prepare a debt agreement proposal on their behalf. The debtor mentions they went through a similar process a very long time ago. They’re hazy on the details, only saying “about 10 years ago, but the government stopped it because I forgot to include a debt I owed a long time ago”.

The RDAA’s staff perform an NPII search and find the debtor lodged a debt agreement proposal 9 years ago, but that it was cancelled by the Official Receiver before the voting period ended due to a material change in circumstances. Is the debtor still eligible to lodge their current debt agreement proposal?

1.2 A debtor approaches an RDAA because they’re considering entering a debt agreement. They are a co-owner for the house they currently live in, the other co-owner being their spouse. The debtor asks the RDAA what’s the longest term they could propose for a debt agreement. What should the RDAA tell the debtor?

1.3 On 1 December 2020, a debtor approaches a debt agreement administrator about preparing a debt agreement. The debtor confirms that they have $60,000 of unsecured debt from various credit cards and personal loans. They also own solely a property which was purchased three years ago. It was recently valued at $500,000 and the mortgage is currently $300,000. What considerations should an RDAA have about the debtor’s eligibility for a debt agreement?

Certification

2.1 A debtor approaches an RDAA for help with dealing with their debts. After receiving information about their financial options, the debtor makes the decision to proceed with a debt agreement. RDAA staff begin making enquiries in order for the RDAA to certify that they have reasonable grounds to believe that the proposal is affordable, and that the information in the statement of affairs and explanatory statement that is required to be set out is set out.

The debtor works as a casual staff member at a large grocery store. The debtor claims they work regularly at the store and has done so for three years. The debtor provides their latest December payslip (which covers a fortnight’s work), but nothing else.

Is this sufficient information for the RDAA to satisfy themselves of the debtor’s income? As the RDAA, would you request anything else?

Expenses

3.1 An RDAA is completing several debt agreement proposals on behalf of debtors. When completing the details about expenses, the RDAA decides to include a small dollar figure for each proposal, attributing it as a percentage of their office rental cost. Can the RDAA do this?

4.1 When is an RDAA entitled to take fees under a debt agreement?

Realisations Charge

5.1 What is realisations charge payable on? 

Three-Month Arrears

6.1 A debtor lodges a debt agreement proposal on 1 July 2019, the terms of the debt agreement are that the debtor makes weekly payments of $200 commencing on 2 September 2019.

The debtor misses his first payment on 2 September 2019. The payments made by the debtor from the trigger date is listed below:

Date

Payment Made by Debtor

2 Sept 2019

$0

9 Sept 2019

$100

16 Sept 2019

$100

23 Sept 2019

$150

30 Sept 2019

$150

7 Oct 2019

$150

14 Oct 2019

$150

21 Oct 2019

$200

28 Oct 2019

$200

4 Nov 2019

$200

11 Nov 2019

$200

18 Nov 2019

$200

25 Nov 2019

$200

2 Dec 2019

$200

There is a total of 14 payments during the three-month period. The debtor does not pay his accrued arrears by 2 December 2019 – i.e. the date to pay all accrued arrears to prevent a three-month arrears default occurring.

Does the administrator need to send out a three-month arrears notification to creditors? Show your working.

Termination

7.1 A debtor begins paying instalments under the debt agreement proposal on 1 January 2020. The debtor misses their 3 June 2020 payment. After this, the debtor ignores all attempted contact from their RDAA. Out of the blue, the debtor pays $1 towards the debt agreement on 15 July 2020. The payment is then reversed a couple days later. Otherwise, no further payments are made by the debtor. When does the six-months arrears default occurs?

7.2 What methods or events will terminate a debt agreement?

Offence Referrals

8.1 During the voting period for a debt agreement proposal, the Debt Agreement Team at AFSA advises the RDAA that a creditor’s stated debt on their voting slip is significantly different to that disclosed in the statement of affairs and on the explanatory statement. It was included in the proposal as a $5,000 debt but was actually $11,000. The Official Receiver decides to cancel the debt agreement proposal as this had a material effect on the proposal. What action should the RDAA take in relation to the debt?

Answers

Find out the Practice Registration Interview Answers for Registered Debt Agreement Administrators here.