IGPS 4 Annexure: Areas of expected knowledge for a person applying to be a registered debt agreement administrator

The interview questions have been developed to test an applicant’s knowledge and ability to practice as a registered debt agreement administrator or person with overall management responsibility. Below is a list of subjects applicants are expected to understand.

The subjects listed below may not cover all questions asked in an interview. The list is not exhaustive, and delegates of the Inspector-General may ask other questions relating to subjects not listed to satisfy themselves that the applicant shows the requisite knowledge and ability to be registered as a debt agreement administrator or person with overall management responsibility.

Technical questions – possible subjects:

  • Administrations under the Bankruptcy Act 1966 (‘the Act’) – understanding the different insolvency options including eligibility, consequences and restrictions that should be communicated to debtors
  • Options available for debtors outside the Act – understanding of hardship applications, informal arrangements and other debt repayment options to properly inform debtors of their options
  • Debtor eligibility to enter a debt agreement – including relevant thresholds and barriers to enter a debt agreement
  • Duties of a debt agreement administrator
  • Industry conditions on the registration of administrators
  • Proposals lodged with the Official Receiver – understanding the process and procedure of lodging debt agreement, variation and termination proposals, general voting process, effect of creditors accepting a debt agreement proposal
  • Certification duties – understanding what checks, enquiries and documentation are required to certify proper disclosure from the debtor for information included in the debt agreement proposal, explanatory statement and statement of affairs
  • Debts that are provable in a debt agreement
  • Termination of a debt agreement – understanding of events that will terminate a debt agreement, responsibilities of administrator when debt agreement terminates
  • Funds handling – including account reconciliations, processes to ensure proper audits are kept and maintained, type of accounts that can be opened to hold debt agreement funds
  • Dividends – unclaimed monies
  • Expenses – understanding of expenses that can be recovered from a debt agreement
  • Offences – understanding different offences under the Act that relate to a debt agreement, ability to identify and refer offences
  • Realisations and interest charge – calculations including knowledge of permitted deductions
  • 3 month arrears – identifying when a 3 and 6 month arrears notice is required to be sent
  • Effect of a debt agreement on a debtor’s credit rating – including how long it will remain on a debtor’s credit rating
  • Companies – effect of company liquidations, trusts and Director Penalty Notices on individuals

Ethical questions – possible subjects:

  • Conflict of Interest – whether actions as a debt agreement administrator would lead to a conflict of interest or a perception that they are not independent 
  • General ethical questions
  • Complaints handling procedures
  • Fit and proper assessment – general questions to demonstrate an applicant being a fit and proper person