Changes to the Bankruptcy Form

Updated 1 September 2025

Summary

The Australian Financial Security Authority (AFSA) is introducing new forms, and updating some existing forms and processes used when applying for bankruptcy or filing a ‘Statement of Affairs’ for sequestration orders in line with legislative requirements.

Phase 1:

Phase 1 is now live and includes:

Topic Live from 30 August 2025
Bankruptcy Form

The current Bankruptcy Form has been separated into two forms:

  1. 'Debtor’s Petition'
  2. 'Statement of Affairs'
  • A copy of the ‘Debtor’s Petition’ and ‘Statement of Affairs’ are available to download from the AFSA website.
  • People applying for bankruptcy by 'Debtor's Petition' must complete both forms.
  • People made bankrupt by sequestration order will need to complete the ‘Statement of Affairs’ only.
Request for information to be withheld, removed or corrected on the National Personal Insolvency Index
  • Applicants will have the option to complete an updated ‘Request for information on the National Personal Insolvency Index (NPII) to be withheld, removed or corrected’ form, which can be submitted at the same time. This is no longer a question within the ‘Statement of Affairs’.
Statement of Affairs for sequestration orders
  • Under legislative requirements, debtors are required to provide their trustee with a copy of the ‘Statement of Affairs’ for sequestration orders filed with the Official Receiver, within 14 days of being notified of the bankruptcy.
  • AFSA is no longer providing copies of an accepted ‘Statement of Affairs’ for sequestration orders to the trustee.
  • Statements of affairs for sequestration orders can be submitted via AFSA’s Online Services portal.
Change to lodgement process
  • People and their representatives can submit their ‘Debtor’s Petition’ and ‘Statement of Affairs’ by both paper, and online via AFSA’s Online Services
  • A copy of the ‘Debtor’s Petition’ and ‘Statement of Affairs’ are available to download from the AFSA website.

Frequently asked questions

Can the applicant continue to use the single Bankruptcy Form?

Where possible, applicants and their representatives are now encouraged to use the ‘Debtor’s Petition’ and ‘Statement of Affairs’ forms.

Why were the changes made to split the current Bankruptcy Form into separate forms?

AFSA is undertaking this work to strengthen practice and processes in line with legislative requirements.

Can the Bankruptcy Form be used after 30 August 2025 if the applicant would like for their address and other information to be withheld, removed or corrected on the National Personal Insolvency Index?

Applicants who wish for their details to be withheld, removed or corrected from the NPII now need to complete the updated ‘Request for information on the National Personal Insolvency Index (NPII) to be withheld, removed or corrected' form from.

Important: If this form is not submitted at the same time as the applicant’s ‘Debtor’s Petition’ and/or ‘Statement of Affairs’, their information may be published on the NPII.

Why will AFSA no longer be providing copies of an accepted ‘Statement of Affairs’ for sequestration orders to the trustee?

The change reflects AFSA’s obligation to uphold section 54(1) of the Bankruptcy Act 1966, which places the responsibility on the debtor to provide a copy of their ‘Statement of Affairs’ to their trustee within 14 days of being notified of their bankruptcy. This obligation is supported by a strict liability offence provision.

AFSA understands the importance of trustees receiving timely and complete information to properly administer estates, and will continue to notify trustees when a ‘Statement of Affairs’ has been accepted for a sequestration order.

Debtors will receive a copy of their accepted ‘Statement of Affairs’ along with a reminder of their obligation to provide it to their trustee.

Trustees may also contact the debtor directly to request a copy or take appropriate steps under the Bankruptcy Act if the obligation is not met.

As this is a phased approach, are additional changes due to be occurring?

Yes. There may be additional changes and updates.

Further information

Information about changes to the Bankruptcy Form will be shared as the program progresses. For further information, please: