Glossary

List of glossary items

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  • The ability for AFSA to utilise resources effectively to achieve a predictable, productive outcome. A capability is built from the people, knowledge and skills present within AFSA, the services they provide and consume, the systems utilised in providing and consuming those services, and the data that underpins these systems and human knowledge. AFSA’s core capabilities are contained in the following key areas; financial and legal, process and administration, data analytics and technology.

  • A certificate issued by the Official Receiver confirming the appointment of a trustee (or trustees) to an insolvency administration.

  • A certificate pursuant to subsection 185C(2D) of the Bankruptcy Act 1966, which accompanies a debt agreement proposal filed with the Official Receiver. It includes the following:

    • consent to be the debt agreement administrator
    • confirmation that the prescribed information was given to the debtor 
    • a statement that the administrator has reasonable grounds to believe the debtor can afford and sustain the debt agreement
    • a statement that the administrator has reasonable grounds to believe that the debtor has set out all required information in their statement.
  • A form of security that ensures the repayment of a debt (or the performance of an obligation) by providing that, should the debt not be repaid, the creditor has rights to be paid, usually out of the proceeds of the sale of an asset.

  • A form sent to each creditor of a debtor who has proposed a debt agreement, variation or termination so that the creditor can complete it with details of its claim and vote as to whether they accept the proposal or reject it.

  • A method of doing business that focuses on the client.

  • Personal property offered up as security for a debt or other obligation owed to sellers, financiers or other secured parties; collateral is personal property that has a security interest attached to it and must be described when registering on the PPSR.

  • The following classes of collateral are prescribed in the PPS Regulations: agriculture, aircraft, all present and after acquired property, all present and after-acquired property, except, financial property, intangible property, motor vehicles, other goods and watercraft.

  • Personal property other than consumer property.

  • When AFSA, acting as the Official Trustee, administers an estate, all amounts held in respect of the estate are deposited into the Common Investment Fund.

  • An independent prosecution service established to prosecute alleged offences against Commonwealth law and deprive offenders of the proceeds of criminal activity under the control of the Director, a statutory officer appointed by the Attorney-General.

  • A framework stipulating the importance of performance for Commonwealth entities as required under paragraph 5(b) of the Public Governance, Performance and Accountability Act 2013.

  • A Government scheme whereby agencies are able to provide compensation to people who have experienced detriment as a result of an agency's defective actions or inaction.

  • A debt agreement is completed when the debtor has made all payments and completed all obligations under the debt agreement. (Section 185N of the Bankruptcy Act 1966).

  • Offences against the Bankruptcy Act 1966 or contraventions of the Personal Property Securities Act 2009 that do not fall within the definition of a compliance offence and cannot be resolved by a compliance letter or an infringement notice. Generally, complex offences involve fraud and/or financial loss.

  • Administrative-type bankruptcy offences where an individual, whether bankrupt or not, has failed to comply with a legislated requirement under the Bankruptcy Act 1966, the Insolvency Practice Rules (Bankruptcy) or the Bankruptcy Regulations.

    1. See Section 73 proposal.
    2. A former Part X arrangement, ceasing as at 1 December 2004. (The term is still used in this context for National Personal Insolvency Index purposes.)
  • Where a person is serving or trying to serve two or more interests that aren't compatible. For instance, if a solicitor acted for both parties in a matter.

  • A form completed by a trustee (or two trustees, if they wish to act jointly and severally) confirming that he/she/they is willing and able to act as the trustee(s) of an administration. The form is filed with the Official Receiver.

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