Commentary and statistics
These two sections will be updated approximately each quarter with year-to-date statistics.
See our commentary and statistics on:
Data sets
This information expands on that contained in our annual report and provides stakeholders with improved qualitative data.
Enforcement and Practitioner Surveillance historical compliance activity time series
Further information
- 7 new insolvency practitioner registrations approved
- 14 inspections finalised
- 181 Complaints against insolvency practitioners finalised
- 73 applications for Inspector- General reviews finalised
- 13 creditor meetings attended by AFSA
- 3 Insolvency advertisements reviewed
Registrations
Trustees
During the year, there were 6 applications for individuals to become a registered trustee approved.
4 trustees resigned/retired during the year.
Find more information about registration of trustees in Processes for registration of trustees (IGPS13).
Debt agreement administrators
During the year, there was 1 registration application approved for debt agreement administrators.
2 debt agreement administrators resigned/retired during the year.
1 debt agreement administrator was involuntarily deregistered.
Find more information about registration of debt agreement administrators in Processes for registration of debt agreement administrators (IGPS4).
Inspections
The errors most found during inspections were:
- Inadequate communication by DAA/Trustee (10)
- Property and Asset errors (8)
- Unreasonable Delays in Timely Action Leading to Delays in Distribution (4)
- Failure to comply with Certification duties (4)
Find more information about our inspection program in Monitoring and inspection of bankruptcy trustees and debt agreement administrators (IGPS11).
Complaints against practitioners
During the year, 181 complaints were finalised. Of these, 13 were found to be justified.
The most common complaints made were:
- General administration and accounting (38)
- Decisions concerning assets (25)
- Fees and costs (23)
- Lack of information or communication (23)
- Other (23)
The most common justified complaints made were:
- Lack of information or communication (5)
- Delays in Administration or Lack of Action (3)
- Inappropriate conduct or conflict of interest (2)
Find more information about our complaint handling process in Process for handling complaints against practitioners and debtors (IGPS10).
Inspector-General reviews
During the year, we finalised 73 applications for review by the Inspector-General in Bankruptcy of trustee decisions. Of these, 9 trustee decisions were overturned[1] .
The decisions overturned were:
- Income assessment of a bankrupt (5)
- Objection to discharge of a bankrupt (4)
Find more information about reviews of trustee decisions in Statutory reviews of trustees’ decisions (IGPS12).
Meetings of creditors
During the year, we intervened at, or prior to, 3 meetings of creditors. In addition, we attended 13 creditor meetings.
The most common reasons for intervening were:
- Procedural deficiencies addressed (2)
- Supplementary report prepared (1)
These are preliminary results for the year and due to the timing of the completion of matters may be subject to change.
[1] Overturned includes all decisions that were cancelled or varied.
- 170 referrals accepted for investigation
- 336 alleged offence referrals assessed
- 13 official cautions issued
- 7 infringement notices issued
- 3 briefs of evidence forwarded to CDPP
- 6 briefs accepted for prosecution by CDPP*
# Include a portion of the briefs prepared and referred to the CDPP in the previous financial year.
Offence referrals and investigations
Alleged offence referrals
336 offence referrals were assessed in the year, of which 170 were accepted for investigation.
Investigations
We assess alleged offence referrals for investigation as either compliance or complex offence matters.
Compliance offences
During the year, 50 compliance investigations were completed. Of these, 26 alleged offenders complied with their obligations after Enforcement intervention.
Complex offences
During the year, 35 complex investigations were completed.
Prosecutions
12 persons were prosecuted for a total of 35 charges during the year. Of those charges, 16 were convicted, 2 were withdrawn, 3 were proven without conviction, 9 not proven and 5 dismissed.
The dollar value of those charges laid was $1,439,412.
| Charges per offence | Offence |
|---|---|
| 2 | Fail to file statement of affairs (Section 54(1)) |
| 1 | Fail to deposit all monetary income into supervised account (Section 139ZIF(4)) |
| 1 | Fail to comply with a 139ZQ notice (Section 139ZT(1)) |
| 1 | A person who intentionally makes a false statement in an affidavit (Section 263A) |
| 1 | Fail to disclose information about examinable affairs (Section 265(1)(ca)) |
| 1 | Fail to deliver books that relate to examinable affairs (Section 265(1)(e)) |
| 1 | Conceal, remove, deal with property during bankruptcy (Section 265(4)(a)) |
| 2 | Obtain property by fraud after bankruptcy (Section 265(5)(a)) |
| 1 | Incur any debt or liability by fraud during bankruptcy (Section 265(5)(b)) |
| 9 | Within 12 months before bankruptcy disposes of, or creates a charge on any property with intent to defraud creditors (Section 266(3)) |
| 4 | Make a false declaration (Section 267(2)) |
| 2 | Failure to comply with a Notice (Section 267B(1)) |
| 6 | Obtain goods or services or enter into a hire purchase/lease agreement alone or jointly without disclosing bankruptcy or being a party to a debt agreement >$3,000 (Section 269(1)(ab)) |
| 1 | Gambling or hazardous speculations within 2 years of bankruptcy (Section 271(a)) |
| 1 | Gambling or hazardous speculations period between presentation of bankruptcy petition and bankruptcy date (Section 271(b)) |
| 1 | Bankrupt travels overseas and contravenes any condition imposed by trustee (Section 272(3)) |
PPSR related (Personal Property Securities Act 2009)
During the reporting period, 4 referrals were received and assessed with two matters are under active investigation and 2 pending allocation.
Please note, these are preliminary results for the year and due to the timing of the completion of matters may be subject to change—particularly when considered in the context of annual results.
July 2024 to March 2025
Registrations
Trustees
During the period, there were 3 applications to become a registered trustee approved.
There have been 3 registered trustees that resigned/retired during the period.
Find more information about registration of trustees in Processes for registration of trustees (IGPS13).
Debt agreement administrators
During the period, there was 1 registration application approved to become a registered debt agreement administrator.
1 debt agreement administrator resigned/retired during the period.
Find more information about registration of debt agreement administrators in Processes for registration of debt agreement administrators (IGPS4).
Complaints against practitioners
During the period, 136 complaints were finalised. Of these, 11 were found to be justified.
The most common complaints made were:
Find more information about our complaint handling process in Process for handling complaints against practitioners and debtors (IGPS10).
Inspector-General reviews
During the period, we finalised 63 applications for review by the Inspector-General in Bankruptcy of trustee decisions. Of these, 7 trustee decisions were overturned [1].
The decisions overturned are:
Find more information about reviews of trustee decisions in Statutory reviews of trustees’ decisions (IGPS12).
Meetings of creditors
During the period, we intervened at, or prior to, 3 meeting of creditors.
The reason for intervening was:
Please note, these are preliminary results for the year and due to the timing of the completion of matters may be subject to change—particularly when considered in the context of annual results.
[1] Overturned includes all decisions that were cancelled or varied.
July 2024 to March 2025
Personal insolvency related (Bankruptcy Act 1966)
# Includes a portion of the briefs prepared and referred to the CDPP in the previous financial year.
Offence referrals and investigations
Alleged offence referrals:
267 offence referrals were assessed during the period, of which 93 were accepted for investigation.
Investigations
We assess alleged offence referrals for investigation as either compliance or complex offence matters.
Compliance offences
During the period, 35 compliance investigations were completed.
Complex offences
During the period, 28 complex investigations were completed.
Prosecutions
9 persons were prosecuted for a total of 30 charges during the period. Of those charges, 15 were proven with conviction, 3 were proven without conviction, 2 dismissed, 1 withdrawn and 9 were in favour of the defendant.
(Section 139ZIF(4))
PPSR related (Personal Property Securities Act 2009)
There have been 2 referrals assessed for alleged contraventions of the Personal Property Securities Act 2009 during the period.
Please note, these are preliminary results for the year and due to the timing of the completion of matters may be subject to change—particularly when considered in the context of annual results.