Lodging on behalf of a client
Can a registered trustee lodge a bankruptcy application online, on behalf of their client?
No. The online bankruptcy application process does not support a trustee applying on behalf of a client. If a registered trustee is assisting a client with lodging an application via a paper form, the client must complete and sign the paper forms themselves. The trustee may then send the completed forms to registry@afsa.gov.au.
We encourage trustees to refer their clients to the online application process as it includes all the necessary checks to ensure the people who apply meet the eligibility criteria and are supported with a streamlined service. It also removes potential operational and data-input errors, and time required to check and re-work applications. However, we understand that it may not always be the most convenient or suitable option.
Consent to Act
How does a trustee provide their 'Consent to Act', if their client is completing their bankruptcy application online?
A trustee can provide their client with a signed Consent to Act and the client can create an Online Services account and lodge their bankruptcy application online, attaching the Consent to Act on submission.
Alternatively, trustees can email the blank paper forms to their client to either complete themselves or assist them to complete the forms. The completed forms can then be returned to the trustee for lodgement with AFSA, along with their Consent to Act. Trustees can email the completed forms and the Consent to Act to registry@afsa.gov.au.
The Debtor's Petition and Statement of Affairs PDF forms can be accessed from the following pages:
Registered trustee – certificate of appointment
When a registered trustee is appointed to administer a bankruptcy, a copy of the Certificate of Appointment will be available for the trustee to download from their RT portal.
Attachments to a bankruptcy application
Supporting documents must be uploaded to support your client's bankruptcy application if any of the below circumstances apply:
- If you have given your signed consent to administer your client's bankruptcy. A signed copy of the Trustee Consent to Act must be uploaded.
- If your client has indicated at question 10 of the Statement of Affairs form that they intend submit a Request for information on the NPII to be withheld, removed or corrected with the Inspector-General for consideration.
- If your client is applying as part of a business partnership, they must provide documentary evidence such as profit and loss statements, balance sheet, or taxation documents relating to the financial affairs of the partnership
- If your client does not currently live in Australia, they must provide documentary evidence that supports their Australian connection, which may include:
- travel itinerary showing travels to and from Australia
- evidence of overseas employment
- most recent Australian tax return.
Proof of identity
The client will need to provide photographic ID, such as a driver licence, birth certificate or Medicare card.
If a client is unable to submit their bankruptcy application through an Online Services account, they will need to have their forms of identification verified by a witness. The witness can be a partner, friend or family member. As their registered trustee, you may also act as their witness.
Proof of identity documents are not required to be provided with the form. For more information, see Submitting your bankruptcy application offline.
How do people apply for bankruptcy online if they don't have access to a computer?
The online bankruptcy application process is smartphone and tablet friendly, so computer access is not essential.
For people without online access, paper versions of the required forms can be completed. For more information, see Submitting your bankruptcy application offline.
What about clients who want to make a joint bankruptcy application?
If your client is applying for bankruptcy with someone else, each person must create an Online Services account and complete separate Debtor's Petition and Statement of Affairs forms. All forms by all parties must be submitted on the same day.
Note: If your client is applying as a member of a business partnership, each form must be submitted by all of the partners of the business partnership, or the majority of partners who are residents in Australia.
If the forms are not submitted on the same day, the application may not be valid as AFSA will not have the required information to decide the joint or partnership petition.
How does a financial counsellor / lawyer / accountant assist their client with completing forms?
There are several advisors who have clients in different states/territories or reside in rural areas. Where a person does not have online access, you can download paper versions of the Debtor's Petition and Statement of Affairs forms to mail to them. See:
Voluntarily applying for bankruptcy
Bankrupt by sequestration order
Once received, they can receive assistance to complete the forms from a financial counsellor, lawyer, accountant or other person. Return the completed forms to AFSA by:
- Email: registry@afsa.gov.au
- Post:
Australian Financial Security Authority
GPO Box 1550
Adelaide SA 5000
Part X personal insolvency agreements and Part XI deceased estates
Should the online bankruptcy application be used by someone who wants to enter into a personal insolvency agreement, or for administration of the estate of a deceased person?
No. If someone wants to enter into a personal insolvency agreement, they should complete Form 3 (Statement of Affairs). For administration of the estate of a deceased person, Form 4 (Statement of Affairs) should be used. The relevant forms are available online at AFSA forms.
Accepting or rejecting appointment proposals
If you are part of the National Panel of Registered Trustees, AFSA has published a resource to guide Trustees through the online process of accepting or rejecting a proposed appointment under s181A of the Bankruptcy Act.
Find out more about accepting or rejecting appointment proposals.