NPII glossary

A glossary of terms found on the National Personal Insolvency Index (NPII). Bankruptcy Act refers to the Bankruptcy Act 1966.

Introduction

The National Personal Insolvency Index (NPII) is a permanent electronic register of personal insolvency proceedings in Australia and provides information regarding the insolvency status of individuals.

This glossary explains the following labels found on the NPII and is here to help interpret search results or extracts.

Find out more about what information is recorded on the NPII and how you can request a search or extract.

Debtor's details

Personal information of the debtor.

Personal details of a debtor/s are entered into the NPII from documents specified in Schedule 8 of the Bankruptcy Regulations. After entry onto the NPII, personal information is not changed unless it is incorrect.

Any changes of a debtor/s address and occupation notified after the start of an administration are advised directly to the Trustee or Administrator of the administration and are not updated on the NPII.

Details are entered from information stated on initial documents at the date of registration of that person on the NPII.

Name

The name of the debtor.

This name remains on the NPII as the name attached to the administration or proceeding.  Any change of name or other name advised during an administration will be entered as an alias name.

Date of birth

The date of birth of the debtor.

Also known as

Any other name by which the debtor is known, also called an alias.

Address

The residential address of the debtor at the date of registration.

Occupation

The occupation of the debtor at the date of registration.

Administration type

Type of administration or proceeding under the Bankruptcy Act.

Registration of a person on the NPII will always be connected to an administration or proceeding under the Bankruptcy Act.  These currently appear on an NPII extract against the label Administration Type.

Bankruptcy

A bankruptcy under Part IV of the Bankruptcy Act can be made in two ways:

  • Debtor's Petition - an application by the debtor. On the date the application is accepted, the person is made bankrupt and their details are registered on the NPII.
  • Creditor's Petition - an application by a creditor to make a debtor/s bankrupt.  On the date a Sequestration Order is made by the court, a person is made bankrupt and their details are registered on the NPII.

Note: the bankruptcy is deemed to start at 12.01am on the date the application is accepted or the order is made.

Debt Agreement

Debt Agreements are an option available for insolvent debtors to deal with debt under Part IX of the Bankruptcy Act.

S188 Authority

An authority given by a debtor to a Controlling Trustee under Section 188 (of Part X) of the Bankruptcy Act to enable a meeting of creditors to be called to consider the debtor’s proposal for a Personal Insolvency Agreement.

Personal Insolvency Agreement

An option available to insolvent debtors to deal with debt under Part X of the Bankruptcy Act.

Arrangement, Assignment, Composition

Types of agreements no longer available in Australia. They were between debtors and creditors under Part X of the Bankruptcy Act and ceased to be available in 2004.

S50 Order

A Court order for a Trustee to take control of the debtor’s property under Section 50 of the Bankruptcy Act after a bankruptcy notice has been served but before the debtor becomes a bankrupt.

Admin Order (Part XI)

A Court order for the administration of a deceased person’s insolvent estate under Part XI of the Bankruptcy Act.

Trustee

To administer bankrupt estates, a private trustee must be registered. Applications are submitted to the Inspector-General (AFSA) and decided by a Committee.  If accepted the trustee is registered on the NPII.

The word ‘Trustee’ next to the label Administration Type refers only to the registration of a private trustee, not to a trustee’s appointment to a specific administration.

Registered Debt Agreement Administrators are not currently displayed on the NPII.

XII

Deed of Arrangement under Part XII of the prior Bankruptcy Act 1924 (ceased to be an option for debtors from February 1968).

Petition type

Indicates who started the proceedings.

Debtor's Petition

A person/sor debtor/shas started legal action for bankruptcy against themselves by completing Debtor’s Petition and Statement of Affairs documents and filing (or lodging) the documents with the Official Receiver (AFSA).

When the debtor’s petition has been accepted by the Official Receiver, the person is made bankrupt and is registered on the NPII.

Creditor's Petition

A creditor/s has filed an application with the Federal Circuit Court or Federal Court of Australia requesting the Court to make a debtor/s bankrupt.

A creditor/s can also petition the Court to place a deceased person’s insolvent estate into a bankruptcy administration under Part XI of the Bankruptcy Act.

Sequestration

A Court order for bankruptcy against a debtor, resulting from a Creditor’s Petition.

Note:  The word ‘Sequestration’ will usually appear against the Petition Type label together with the word ‘Bankruptcy’ against the label Administration Type.

Administrator's petition

The administrator of a deceased estate can petition the Court to place a deceased person’s insolvent estate into administration under Part XI of the Bankruptcy Act.

Other information regarding Creditor's Petitions and Sequestration Orders

Petitioning creditors, PC Solicitor, Dates of hearing.

Petitioning creditor

Name of the creditor who filed the Creditor's Petition.

PC solicitor

Name and contact number of the Petitioning Creditor’s Solicitors.

Dates of hearings

Court dates in the Federal Circuit Court or Federal Court of Australia for the Creditor's Petition to be heard.

Reference and Administration numbers

AFSA reference

Unique reference number for a proceeding.

This label applies to Types Creditor’s Petition and Trustee

Each AFSA Reference will consist of the originating State or Territory and a Number.

  • Example -   NSW 345678 //

Administration number

Unique identification number for an administration.  This applies to all Types except Creditor’s Petition and Trustee (see AFSA Reference above).

Each identification number consists of the following:

  • State or Territory
  • Number of the administration or proceeding
  • Year of the administration (at the start date)
  • a random computer check-digit.
    • Example: NSW/123456/13/5

Extra information about the identification number

Roman numerals show which part of the Bankruptcy Act the administration was made under;

  • IV - Part four - Bankruptcy (for example, NSW/123456/13/5 IV)
    • IX - Part nine - Debt Agreement (proposal and agreement) (for example QLD 234/14/8 IX)

      • X -  Part ten - Section 188 Authority and a Personal Insolvency Agreement (for example VIC 456/10/6 X

        • XI - Part eleven - Bankruptcy of an deceased person’s insolvent estate (for example NSW 40/11/8 XI)

        Year is usually displayed as two digits but for the years 2000 through 2009 only one digit will be displayed. For example the year 2002 will display as NSW/123456/2/6 IV.

            Court reference

            Unique identification number for a proceeding or matter being heard before the Court.  For further information please refer to Federal Circuit Court or Federal Court of Australia.

            Start dates

            Start dates refer to the beginning of an administration or proceeding and appear against one of the following labels, depending on the Administration Type.

            Date filed

            A start date of one of the following:

            • Debtor’s Petition - the start date for a bankruptcy when a debtor’s completed application was accepted by the Official Receiver (AFSA)
            • Creditor’s Petition - the date the petition was filed with the Court
            • Sequestration - the date an order to make a person bankrupt was made by the Court.

            Date authority

            Date a Section 188 Authority was signed by the debtor and the Controlling Trustee to enable a meeting of creditors to be called to consider a proposal for a Personal Insolvency Agreement.

            Date started

            Date a Personal Insolvency Agreement was accepted by creditors.

            Date proposal lodged

            Debt agreement dates:

            • the date a debtor lodged a proposal for a Debt Agreement through the Official Receiver and creditors have been given an opportunity to vote on whether to accept or reject the proposal, and
            • if the proposal was accepted by creditors, the date the Debt Agreement was accepted will display.

            For NPII display of the progress of a Debt Agreement see also Date ended and Result - an exception.

              Date of bankruptcy

              Start date of an Administration Order under Part XI of the Bankruptcy Act - bankruptcy of a deceased person’s insolvent estate, made by the Federal Circuit Court or the Federal Court. This label appears only for an Administration Order.

              Entered on NPII

              Date the information was entered on the NPII.

              Trustee details

              Of an administration or proceeding.

              A Trustee is responsible for taking control of the property of a bankrupt or debtor under an administration under the Bankruptcy Act. A Trustee can be a private sector person who has been registered as a Trustee. If a Registered Trustee is not appointed to an administration, the Official Trustee in Bankruptcy (AFSA) will carry out this role.

              A Debt Agreement Administrator (or DAA) is responsible for taking control of the administration of a Debt Agreement. A Registered Trustee can also administer Debt Agreements.

              A Controlling Trustee is responsible for taking control of a debtor's property while the creditors consider a proposal for a Personal Insolvency Agreement.

              Trustee name

              Name of the trustee or administrator appointed to the administration or proceeding.

              Business name

              Business Name used by the appointed trustee or administrator.

              If the trustee is the Official Trustee in Bankruptcy, the business name will appear as AFSA (Australian Financial Security Authority).

              Postal address

              Postal address used by the appointed trustee or administrator.

              Phone number

              Contact phone number of the appointed trustee or administrator.

              Endings

              Date ended

              Date an administration or proceeding has been discharged, terminated or ended.

              If <Contact ITSA> appears the record is likely to have a start date prior to July 1992. Due to legislation changes, dates of discharge may be required to be calculated on a case by case basis.  Note that AFSA used to be called ITSA.

              Result

              The reason an administration or proceeding has been discharged, terminated or ended.

              Debt Agreements - an exception to Date Ended + Result

              Date Ended and Result.

              Debt Agreement Proposal

              If a Debt Agreement has been proposed and the creditors have not yet made a decision:

              • both the Date Ended and Result labels will display no information.

              Debt Agreement made

              If a Debt Agreement has been made (the creditors have agreed to the proposal):

              • Date Ended label will have no information
              • Result label will display 'Accepted''.

              Debt Agreement ended

              If a Debt Agreement has been complied with, terminated or ended in some way, or if the creditors have rejected the Debt Agreement Proposal:

              • both Date Ended and Result labels will display information.

              The Statement of Affairs and discharge from bankruptcy

              A person is discharged from bankruptcy 3 years from the date the Statement of Affairs was filed - unless an objection to discharge has been entered. This applies to all bankruptcies with a start date from 1 July 1992 to date and bankruptcies that were less than 3 years old on 1 July 1992 (Bankruptcy Amendment Act 1991).

              Date Statement of Affairs Filed or Date SA Filed

              If a date appears against this label, the Statement of Affairs has been filed with the Official Receiver (AFSA).

              If <Not yet Filed> appears, the Statement of Affairs has not been filed.

              This label will appear for bankruptcies (made by either debtor’s petition or Sequestration Order) S188 Authorities and Personal Insolvency Agreements.

              Objected - to discharge from a bankruptcy

              An objection to discharge from a bankruptcy will extend the length of time a person is bankrupt.

              Date recorded

              Date the objection was recorded on the NPII.

              Objector

              Person or entity who lodged the objection.

              Grounds

              The reasons for objecting to discharge from a bankruptcy.

              Objection result

              Objection withdrawn or cancelled.

              Result date

              Date the objection was withdrawn or cancelled.

              Result reason

              Which ground of objection was withdrawn or cancelled.

              Result person

              Person who lodged the withdrawal or cancellation.

              Overall summary

              Found at the end of an NPII extract, this statement indicates the current overall status of an administration or proceeding. For example, if a Debt Agreement Proposal has been filed but not yet decided by creditors, the Overall Summary will state:

              This debtor has put forward a proposal to creditors for consideration under Part IX of the Bankruptcy Act but a decision has not yet been made by creditors in respect to the proposal.