Important updates for debt agreement administrators
The Inspector-General has updated temporary guidance regarding debt agreement variations during COVID- 19. These changes are currently in affect for six months (until 30 September 2020).
For more information see Practitioners: COVID-19 and changes to debt agreements.
For further updated guidance for practitioners see Practitioners: COVID-19 and updated advice from the Inspector-General.
On this page:
In this section you will find guidance and direction on meeting your ongoing general and specific obligations as a personal insolvency practitioner within our regulatory framework. This information includes links to relevant pages and more details available in the Inspector-General Practice Statements (IGPS) and Inspector-General Practice Directions (IGPD).
We expect you to refer alleged offences under the Bankruptcy Act. For debt agreement proposals lodged after 27 June 2019, you have a duty to refer alleged offences under the Bankruptcy Act. Find out how to refer alleged offences to AFSA’s Enforcement team, or make a pre-referral enquiry.
For more details about types of offences and reporting obligations.
- Referring offences IGPS 14
- Referral of offences under section 271 (rash and hazardous gambling) IGPS 6
- Issuing of infringement notices by the Inspector-General in Bankruptcy IGPS 18
Find out about the Inspector-General in Bankruptcy’s expectations on effective communication with bankrupts, creditors, debtors and other stakeholders
Find out more about a debt agreement administrator's obligations to collect realisation and interest charges on funds received into an estate:
- Collection of realisations and interest charges IGPD 2
- Guidelines for the payment of monies to the Commonwealth pursuant to Section 254 of the Bankruptcy Act 1966 IGPD 20
- Annual administration returns IGPS 7
- Practitioner AAR online services support information and user guides
- Login to Practitioner AAR online
These guidance documents will help you ensure compliance with your specific duties under the Act.
- Debt agreement administrators’ guidelines relating to advertising IGPG 1
- What constitutes an expense recoverable in a debt agreement by an administrator? IGPD 3
- Treatment of secured creditors in a Part IX debt agreement IGPD10
- Debt agreement administrators' guidelines to certification requirements IGPD13
- Debt agreement administrators' guidelines relating to keeping proper accounts IGPD 15
- Guidelines relating to administrators' duty to notify the Official Receiver of 6-month arrears default IGPD 16
- Guidelines relating to administrators' duty to notify creditors of 3-month arrears default IGPD 17
- Guidelines relating to the registration and cancellation of registration of a debt agreement administrator
AFSA will take action to cancel the registration of a debt agreement administrator on a voluntary basis or on an involuntary basis if there are sufficient grounds to justify the removal of an administrator from the insolvency profession.
- Involuntary cancellation of registration of debt agreement administrators and eligibility process IGPS 9