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
- 9 new insolvency practitioner registrations approved
- 24 inspections finalised
- 172 Complaints against insolvency practitioners finalised
- 75 applications for Inspector- General reviews finalised
- 12 creditor meetings attended by AFSA
- 8 Insolvency advertisements reviewed
Registrations
Trustees
During the year, there were 8 applications for individuals to become a registered trustee approved.
7 trustees resigned/retired during the year.
1 trustee was involuntarily deregistered.
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.
3 debt agreement administrators resigned/retired during the year.
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)
- Failure to comply with Certification duties (7)
- Creditor claims not properly dealt with (3)
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, 172 complaints were finalised. Of these, 14 were found to be justified.
The most common complaints made were:
- Decisions concerning assets (34)
- General administration and accounting (26)
- Lack of information or communication (25)
The most common justified complaints made were:
- Inappropriate conduct or conflict of interest (4)
- Lack of information or communication (3)
- General administration & Accounting (2)
- Decisions concerning assets (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 75 applications for review by the Inspector-General in Bankruptcy of trustee decisions. Of these, 5 trustee decisions were overturned[1] .
The decisions overturned were:
- Objection to discharge of a bankrupt (3)
- Income assessment of a bankrupt (2)
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, 6 meetings of creditors. In addition, we attended 12 creditor meetings.
The most common reasons for intervening were:
- Supplementary report prepared (3)
- Procedural deficiencies addressed (2)
- Further investigations undertaken (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.
- 116 referrals accepted for investigation
- 356 alleged offence referrals assessed
- 27 official cautions issued
- 3 infringement notices issued
- 13 briefs of evidence forwarded to CDPP
- 17 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
356 offence referrals were assessed in the year, of which 116 were accepted for investigation.
Investigations
We assess alleged offence referrals for investigation as either compliance or complex offence matters.
Compliance offences
During the year, 34 compliance investigations were completed. Of these, 11 alleged offenders complied with their obligations after Enforcement intervention.
Complex offences
During the year, 44 complex investigations were completed.
Infringement notices
During the year, 3 infringement notices were issued to creditors.
Prosecutions
47 persons were prosecuted for a total of 85 charges during the year. Of those charges, 16 were withdrawn, 60 were proven with conviction, 8 were proven without conviction and 1 not proven.
The dollar value of those charges laid was $34,782,629.
| Charges per offence | Offence |
|---|---|
| 24 | Fail to file statement of affairs (Section 54(1)) |
| 2 | Fail to comply with a section 139ZL notice (Section 139ZO(1)) |
| 1 | Fail to comply with a 139ZQ notice (Section 139ZT(1)) |
| 1 | Receive property of a bankrupt with intent to defraud (Section 263(1)(b)) |
| 8 | A person who conceals property with intent to defraud (Section 263(1)(d)) |
| 2 | Fail to disclose particulars of disposition of property within 2 year period immediately preceding date of bankruptcy (Section 265(1)(b)) |
| 2 | 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)) |
| 4 | Conceal, remove, deal with property during bankruptcy (Section 265(4)(a) read with 265(7)) |
| 1 | Obtain property by fraud after bankruptcy (Section 265(5)(a)) |
| 3 | Incur any debt or liability by fraud during bankruptcy (Section 265(5)(b)) |
| 2 | Refuse of fail to comply with a requirement under section 77A or 130 (Section 265A(1)) |
| 4 | Disposes of, or creates a charge on any property during bankruptcy with intent to defraud creditors (Section 266(1)) |
| 12 | Within 12 months before bankruptcy disposes of, or creates a charge on any property with intent to defraud creditors (Section 266(3)) |
| 7 | Make a false declaration (Section 267(2)) |
| 1 | Dispose of property, committing fraud, by a person who signs a 188 authority within 12 months previous (Section 268(7)) |
| 1 | Obtain goods or services alone or jointly without disclosing bankruptcy or being party to a debt agreement by promising to pay >$3,000 (Section 269(1)(ac)) |
| 3 | Promising to supply goods or render services without disclosing bankruptcy or being party to a debt agreement >$3,000 (Section 269(1)(ad)) |
| 1 | Complicity and common purpose (Section 11.2 Criminal Code Act 1995) |
| 1 | False or misleading information (Section 137.1 Criminal Code Act 1995) |
| 3 | False or misleading documents (Section 137.2 Criminal Code Act 1995) |
PPSR related (Personal Property Securities Act 2009)
There have been 3 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.
July 2023 to March 2024
Registrations
Trustees
During the period, there were 6 applications to become a registered trustee approved.
There have been 2 registered trustees that resigned/retired during the year.
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.
2 debt agreement administrators resigned/retired during the year.
Find more information about registration of debt agreement administrators in Processes for registration of debt agreement administrators (IGPS4).
Complaints against practitioners
During the period, 124 complaints were finalised. Of these, 8 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, 3 trustee decisions were overturned [1].
The decision overturned was:
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, 4 meetings of creditors.
The reasons for intervening were:
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 2023 to March 2024
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:
273 offence referrals were assessed during the period, of which 95 were accepted for investigation.
Investigations
We assess alleged offence referrals for investigation as either compliance or complex offence matters.
Compliance offences
During the period, 30 compliance investigations were completed.
Complex offences
During the period, 34 complex investigations were completed.
Prosecutions
49 persons were prosecuted for a total of 82 charges during the period. Of those charges, 56 were proven with conviction, 8 were proven without conviction, 1 was not proven and 17 were withdrawn.
PPSR related (Personal Property Securities Act 2009)
There have been 3 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.