PRE referral enquiries

Part of AFSA’s commitment to reduce the regulatory burden for practitioners has been the introduction of Pre Referral Enquiries (PREs).

PREs aim to improve efficiency and save practitioners time in cases where it is not clear whether an offence has occurred.

What is a Pre Referral Enquiry

PREs do not circumvent a practitioner’s duty to refer evidence of any offences against the Bankruptcy Act 1966 to the Inspector-General. PREs aim to improve efficiency and save practitioners time.

PREs should be used when a practitioner considers that an offence against the Act may have occurred and it is unclear (or the practitioner is undecided) whether there is sufficient evidence to support the completion of an offence referral. A PRE can also be used if a practitioner considers a suspected offence to be trivial and having no impact on the administration of the estate. AFSA suggests practitioners, and their staff, use PREs where there is doubt about a matter.

How do I submit a PRE?

PREs can be submitted by:

  • or by emailing fraud.enquiries [at] afsa.gov.au with the PRE referral enquiry details including:
    • The alleged offender’s
      • Name
      • Address
      • Date of birth
      • Administration number and
    • Relevant suspected offence(s) with a brief summary of what has occurred.

AFSA will review and advise whether the matter should be referred or not. Trustees should keep records on file in case AFSA inspects the administration at a later date.

If you wish to speak to our Enforcement Unit about alleged offences, please email fraud.enquiries [at] afsa.gov.au or call 1300 364 785 and ask to speak to Regulation and Enforcement.

Further information