Do you know that you can submit a Pre referral enquiry to AFSA Enforcement?
Trustees have a duty under sections 19(1)(i) of the Bankruptcy Act 1966 (Act) to refer matters to the Inspector-General in Bankruptcy where there is evidence an offence under the Act may have been committed. AFSA also expects that RDAA’s will report any offence committed by a debtor under either s 267(2) or 269(1) of the Act. For debt agreement proposals lodged after 27 June 2019, RDAAs will have a duty under sections 185LA(1)(d) and 185LA(1)(e) of the Act to refer offences to the Inspector-General.
The AFSA Enforcement team handles alleged offences under the Act.
Referring alleged offences
If a practitioner considers there is sufficient evidence an offence under the Bankruptcy Act 1966 (Act) may have been committed, a complete alleged offence referral must be submitted which will need to set out all of the information and evidence in relation to the alleged offence.
To submit a complete offence referral, an alleged offence referral form must be completed and submitted with all supporting evidence.
AFSA prefers that referrals are submitted by email to fraud.enquiries [at] afsa.gov.au . However if a referral is too large to be submitted by email, hard copy referrals can be submitted to the appropriate state office for investigation based on where the alleged offender resides.
- Refer to the IGPS14 - Referring offences against the Bankruptcy Act 1966 to the Inspector-General in Bankruptcy.
- If you have any general enquiries with respect to AFSA's Enforcement Unit, the Bankruptcy Act offence provisions, or simply questions about whether or not to refer an offence allegation to us for investigation, send an email to fraud.enquiries [at] afsa.gov.au or call 1300 364 785 and ask to speak to Enforcement.
- Guidance video series
- IGPS 18