Practice guidance

We have developed practice statements to assist you how the law should be interpreted and to provide guidance on specific insolvency practices.

On this page

Practice guidance

Information on this page includes how the:

  • Inspector-General in Bankruptcy will exercise specific powers.
  • Official Trustee carries out its trustee duties and how decisions are made in the administration of bankrupt estates.
  • Official Receiver performs functions and exercises powers.
  • Inspector-General in Bankruptcy expects practitioners to exercise their powers and comply with their duties.

Use filters to refine the list of documents:

User Type: filter documents by category of user

Subject: filter documents by insolvency topic

Document Type: Search with descriptors used in the previous version of Practice Guidance :

  • Inspector General Practice Direction / IGPD. What trustees and debt agreement administrators need to do and how they need to do it.
  • Inspector General Practice Statement / IGPS. How AFSA (the Inspector-General) does its regulatory work.
  • Official Receiver Practice Statement / ORPS: How AFSA (the Official Receiver) does its registry work, and requirements for the issue of statutory notices to assist trustees.
  • Official Trustee Practice Statement / OTPS. How AFSA (the Official Trustee) administers bankrupt estates.
Title Subtitle
Security of information for personal insolvency practitioners

Security of information for personal insolvency practitioners (IGPG2)

Treatment of property in bankruptcy

Treatment of property in bankruptcy (OTPS2)

Advertising and promotional activities of personal insolvency practitioners

Advertising and promotional activities of personal insolvency practitioners (IGPD4)

Fit and proper requirements for personal insolvency practitioners

Fit and proper requirements for personal insolvency practitioners (IGPS19)

Unclaimed money

Unclaimed money (ORPS10)

Objections to discharge from bankruptcy

Objections to discharge from bankruptcy (IGPD7)

Debt agreements

Debt agreements (ORPS11)

Treatment of debts in bankruptcy

Treatment of debts in bankruptcy (OTPS8)

Reviewing remuneration of trustees and costs of third party service providers

Reviewing remuneration of trustees and costs of third party service providers (IGPS16)

Independence of personal insolvency practitioners

Independence of personal insolvency practitioners (IGPD1)

Trustees' guidelines relating to handling funds and keeping records

Trustees' guidelines relating to handling funds and keeping records (IGPD5)

Section 50 interim control orders

Section 50 interim control orders (OTPS7)

Choses in action

Choses in action (OTPS6)

Requesting consent to travel overseas

Requesting consent to travel overseas (OTPS3)

The end of a bankrupt's period of bankruptcy

The end of a bankrupt's period of bankruptcy (OTPS4)

Statutory reviews of trustees’ decisions

Statutory reviews of trustees’ decisions (IGPS12)

Collection of realisations and interest charges

Collection of realisations and interest charges (IGPD2)

Controlling trustees' roles and duties

Controlling trustees' roles and duties (IGPD12)

Monitoring and inspection of bankruptcy trustees and debt agreement administrators

Monitoring and inspection of bankruptcy trustees and debt agreement administrators (IGPS11)

Advertising meetings of creditors on the AFSA website

Advertising meetings of creditors on the AFSA website (IGPD21)

Effective practitioner communication

Effective practitioner communication (IGPD22)

Process for handling complaints against practitioners and debtors

Process for handling complaints against practitioners and debtors (IGPS10)

Debt agreement administrators’ guide to proper accounts

Debt agreement administrators’ guide to proper accounts (IGPD15)

Expenses that an administrator can recover in a debt agreement

Expenses that an administrator can recover in a debt agreement (IGPD3)

Determination of a trustee’s remuneration

Determination of a trustee’s remuneration (IGPS15)

Infringement notices

Infringement notices (IGPS18)

Remuneration entitlements of a registered bankruptcy trustee

Remuneration entitlements of a registered bankruptcy trustee (IGPD6)

Bankruptcy by sequestration order

Bankruptcy by sequestration order (ORPS3)

Annual administration returns

Annual administration returns (IGPS7)

Proper performance of duties of a bankruptcy trustee

Proper performance of duties of a bankruptcy trustee (IGPD14)

Guidelines relating to administrators' duty to notify creditors of 3-month arrears default

Guidelines relating to administrators' duty to notify creditors of 3-month arrears default (IGPD17)

Referring offences against the Bankruptcy Act 1966 to the Inspector-General

Referring offences against the Bankruptcy Act 1966 to the Inspector-General (IGPS14)

Debt agreement administrators' guidelines to certification requirements

Debt agreement administrators' guidelines to certification requirements (IGPD13)

Trustee remuneration notifications

Trustee remuneration notifications (IGPD18)

Guidelines relating to administrators' duty to notify the Official Receiver of 6-month arrears default

Guidelines relating to administrators' duty to notify the Official Receiver of 6-month arrears default (IGPD16)

Involuntary cancellation of trustee registration

Involuntary cancellation of trustee registration (IGPS8)

Involuntary cancellation of debt agreement administrator registration

Involuntary cancellation of debt agreement administrator registration (IGPS9)

Inspecting documents filed with the official receiver

Inspecting documents filed with the Official Receiver (ORPS9)

Official receiver notices

Official Receiver notices (ORPS7)

Administration of estates of deceased persons

Administration of estates of deceased persons (ORPS5)

Processes for registration of trustees

Processes for registration of trustees (IGPS13)

The National Personal Insolvency Index

The National Personal Insolvency Index (ORPS8)

Applying for a bankruptcy notice

Applying for a bankruptcy notice (ORPS6)

Income contributions

Income contributions (OTPS1)

Temporary debt protection

Temporary debt protection (ORPS1)

Bankruptcy by debtor's petition

Bankruptcy by debtor's petition (ORPS2)

Setting up a personal insolvency agreement

Setting up a personal insolvency agreement (ORPS4)

Processes for registration of debt agreement administrators

Processes for registration of debt agreement administrators (IGPS4)

Treatment of capital gains tax in bankruptcy

Treatment of capital gains tax in bankruptcy (IGPG3)