If you suspect potential misuse - talk to AFSA first!

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A key role that the Australian Financial Security Authority (AFSA) plays in protecting the broader credit system, is in the investigation of potential offences against the Bankruptcy Act 1966.

Deterring intentional misuse of the personal insolvency system, is a crucial step to creating a strong credit system for Australia.

It all starts with high quality referrals.

We do not want to impose any unnecessary regulatory burden on you in referring matters to us. A 10-minute call with us when you first become aware of concerns is time well spent if you are unsure you have sufficient evidence.

When you reach out, we will work with you to listen to your concerns and offer guidance as to whether a referral should be made.

To make initial contact, practitioners should send a short email to enforcement@afsa.gov.au. We will call you back within 2 business days.

Insolvency practitioners are reminded of the guidance we provide - Referring offences against the Bankruptcy Act 1966 to the Inspector-General. In particular paragraph 8.

If you feel you have more than enough evidence to proceed with a referral you can proceed in the usual manner by using the form at: AFSA Referral.

If you or your staff would like to know more about AFSA Enforcement, and the tips, and traps to avoid, to ensure that you provide the highest quality offence referrals, we can run an information session. To make a booking please e-mail: enforcement@afsa.gov.au.

We look forward to continuing to work with insolvency practitioners to maximise efficiency and outcomes for everyone.

Yours sincerely,

Tim Cole

Director Enforcement

Australian Financial Security Authority