Guidance Index
| Subject Matter A-Z | Formal Guidance | Other Guidance on AFSA website | AFSA Form | Legislation (Bankruptcy Act 1966 unless otherwise stated) |
|---|---|---|---|---|
| Advertising and promotional activities of personal insolvency practitioners | IGPD4 | Bankruptcy (Registered Debt Agreement Administrator Conditions) Determination 2020 | ||
| Advertising meetings of creditors under section 73 & Part X | IGPD21 | Creditor Meeting Advertising webpage | Notification to AFSA | Sections 75-40 & 75-175-180 Insolvency Practice Rules (Bankruptcy) 2016 |
| Annual administration returns (AARs) | IGPS7 | AAR Guide | AAR Support Form | Section 70-5 Schedule 2 |
| Annual Trustee Return | Annual Trustee Return | Section 30-1 of Schedule 2 | ||
| Bankruptcy - how it ends | OTPS4 |
|
End of bankruptcy confirmation – where trustee is Official Trustee |
Section 149(4) Section 74 Section 152 Section 153A |
| Bankruptcy - voluntary | ORPS2 |
|
Section 55 Section 56B Section 57 |
|
| Bankruptcy by creditor action - sequestration order | ORPS3 | A creditor has made me bankrupt |
Section 43 Section 52 Section 54 |
|
| Bankruptcy notice - applying for one | ORPS6 | Bankruptcy Notice | Warning |
Section 41 Regs 8-12 Bankruptcy Regulations 2021 |
| Bankruptcy Regulations 2021 | Comparison table with 1996 regulations | |||
| Choses in action | OTPS6 |
Section 58 Section 116 Section 100-5 of Schedule 2 |
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| Communication by practitioners | IGPD22 | Section 42-15 Insolvency Practice Rules (Bankruptcy) 2016 | ||
| Complaints against practitioners and debtors | IGPS10 | Complaints & Reviews | ||
| Composition |
|
|
Notification to AFSA of Meeting Notice of variation, termination, completion or setting aside |
Section 73 Section 74A Section 75 Section 76 Section 76B Sections 75-40, 75-60 & 75-175-180 Insolvency Practice Rules (Bankruptcy) 2016 |
| Controlling trustees' roles and duties | Approved Course for Solicitors |
Section 190 Section 190A Reg 49 Reg 59 Reg 62 Reg 63 Reg 75 |
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| Debt Agreement - expenses recoverable | IGPD3 |
Section 185LA |
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| Debt agreement administrator guide to proper accounts | IGPD15 |
Section 185LE |
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| Debt agreement administrators' guidelines to certification requirements | IGPD13 | Sample Question & Answer for registration applicant |
Section 185C |
|
| Debt agreements | ORPS11 | Treatment of leases in a debt agreement |
Section 185C Part 9 of the Bankruptcy Regulations 2021 Regulation 54 |
|
| Debt agreements - 3-month arrears default | IGPD17 | Sample Question & Answer for registration applicant | Section 185LB | |
| Debt agreements - 6-month arrears default | IGPD16 | Sample Question & Answer for registration applicant |
Section 185LC Section 185QA |
|
| Debts in bankruptcy | OTPS8 | Proof of debt |
Section 82 Section 109 |
|
| Deceased persons – bankruptcy | ORPS5 | Make Someone bankrupt | Part XI Regulation 75 Bankruptcy Regulations 2021 | |
| Disciplinary action against debt agreement administrators | IGPS9 |
Section 186K Section 186L |
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| Disciplinary action against trustees | Notice by industry body of grounds for disciplinary action |
Section 40-40 of Schedule 2 Section 40-1 Insolvency Practices Rules (Bankruptcy) 2016 |
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| Duties of a bankruptcy trustee | IGPD14 | Ongoing Obligations and Standards |
Section 19 Division 42 Insolvency Practices Rules (Bankruptcy) 2016 |
|
| Fees & charges of AFSA | Fees & Charges |
Bankruptcy (Fees & Remuneration) Determination 2015 Part XV commencing section 278 Bankruptcy (Estate Charges) Act 1997 Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015 Part 15 of the Bankruptcy Regulations 2021 commencing Reg 97 |
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| Filing Requirements for practitioners, debtors & creditors | Filing Requirements |
Section 277B |
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| Fit & proper requirements for personal insolvency practitioners | IGPS19 |
Paragraph 186C(2)(g) Section 40-40(1)(n) Schedule 2 |
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| Funds handling and keeping records - trustees | Form 2 – Account of Receipts & Payments |
Division 65 of Schedule 2 Division 65 of the Insolvency Practice Rules (Bankruptcy) 2016 |
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| Income contributions | OTPS1 |
Supervised Account Determination Supervised account regime attachment Revocation of supervised account regime attachment |
Division 4B Part 6 Division 6, 7 & 8 of the Bankruptcy Regulations 2021 |
|
| Independence of practitioners | IGPD1 | Best Practice Report |
Section 42-20 Insolvency Practice Rules (Bankruptcy) 2016 Sections 60-20 & 60-21 of Schedule 2 |
|
| Infringement notices | IGPS18 | Filing Requirements |
Section 277B Part 14 Division 2 Bankruptcy Regulations 2021 commencing Reg 89 |
|
| Inspecting documents filed with the Official Receiver | ORPS9 | Public Document Search |
Section 54 Section 55 Section 56G Section 57 Section 185EB Section 185MB Section 185PB Section 188B Section 226 |
|
|
Meetings of Creditors (see also Compositions) |
Division 75 Schedule 2 Division 75 Insolvency Practice Rules (Bankruptcy) 2016 |
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| Monitoring and inspection of bankruptcy trustees and debt agreement administrators | IGPS11 |
Section 12 Section 19B |
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| National Personal Insolvency Index | ORPS8 | Application for information not to be on the NPII | Part 13 of the Bankruptcy Regulations 2021 | |
| Objections to discharge from bankruptcy | IGPD7 | Grounds v Offences | Request by bankrupt for review |
Subdivision B of Division 2 of Part VII commencing s.149B Part 7 of the Bankruptcy Regulations 2021 |
| Offences against the Bankruptcy Act 1966 | IGPS14 | Grounds v Offences | Referral Form | Part XIV |
| Official Receiver notices | ORPS7 | Online Services Guide | OR Notices online | Sections 77C 77CA 81A 139ZL 139ZQ |
| Personal insolvency agreement | ORPS4 |
Notice of variation, termination, completion or setting aside |
Part X commencing s.187 Part 10 of the Bankruptcy Regulations 2021 |
|
| Property in bankruptcy | OTPS2 | Dealing with crypto currency | Notice of demand by trustee to bankrupt to pay trustee |
Section 58 Section 116 Divisions 3-5 of Part VI Reg 113 |
| Realisations and interest charge | IGPD2 | Apply for refund |
Part XV commencing section 278 Bankruptcy (Estate Charges) Act 1997 Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015 Part 15 of the Bankruptcy Regulation 2021 commencing Reg 97 |
|
| Registration of debt agreement administrators | IGPS4 |
Section 186B Section 186C Section 186D Part 9 |
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| Registration of trustees | IGPS13 | Practice Interview Questions |
Application by trustee to Inspector-General to cancel or suspend registration |
Division 20 of Schedule 2 Division 20 Insolvency Practices Rules (Bankruptcy) 2016 |
| Remuneration & costs of trustees - review | IGPS16 | Request for review |
Subdivisions A & B of Division 90 |
|
| Remuneration entitlements of a registered bankruptcy trustee | IGPD6 | Request for review | Division 60 of Schedule 2 | |
| Remuneration notifications by trustees | IGPD18 |
Sections 70-35 – 70-47 |
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| Remuneration of Trustees - approval by the Inspector-General in Bankruptcy | IGPS15 | Application |
Part 3 Division 60 |
|
| Reviews of trustees' decisions by the Inspector-General in Bankruptcy | IGPS12 | Various forms |
Sections 139T(12) 139ZA 139ZIO 149K Regulation 46 Subdivisions A & B of Division 90 |
|
| Section 50 interim control orders | OTPS7 |
Section 50 Regulation 14-17 |
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| Secured creditors in a Part IX debt agreement | ORPS11 | Section 185XA | ||
| Temporary Debt Protection | ORPS1 | What is temporary debt protection? | Temporary Debt Protection Form |
Part IV Division 2A Commencing s. 54A |
| Travel overseas - requesting consent (only if trustee is the Official Trustee) | OTPS3 | Application | Section 272 | |
| Unclaimed moneys – paying & claiming | ORPS10 | Claim Unclaimed Monies |
Unclaimed Monies Claim |
Section 254 Reg 72 |
| Void transactions in bankruptcy | Section 139ZQ notice – evidence for a section 121 claim |
Reg 31 |