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Regulation & Enforcement
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ITSA's independent Regulation area fulfils the Inspector-General in Bankruptcy's statutory responsibilities under the Bankruptcy Act 1966 to maintain high national standards of personal insolvency practice and procedure. It does this by:
- administering a registration scheme to ensure that only suitably qualified persons are licensed to practice as private sector bankruptcy trustees and debt agreement administrators
- monitoring the standard of bankruptcy trustees and debt agreement administrators and their administrations through a targeted program of inspections of systems and practices
- investigating complaints made by creditors or debtors against bankruptcy trustees and debt agreement administrators
- conducting statutory reviews of some bankruptcy trustees' decisions at the request of bankrupts, and
- working with bankruptcy trustees and debt agreement administrators to improve Bankruptcy Act knowledge and practice, including through the publication of the quarterly Personal Insolvency Regulator Newsletter
If you have an enquiry about the Regulation area, see the Regulation & Enforcement contacts page for contact details.
The Enforcement area is part of the Regulation & Enforcement business line, and is primarily responsible for compliance with the personal insolvency-related offence provisions contained within the Act.
This includes the identification and investigation of material offences under the Act and where appropriate, the preparation of briefs of evidence for prosecution by the Commonwealth Director of Public Prosecutions.
The Section’s principal responsibilities are to:
- promote compliance with the Act
- identify and investigate cases of material offences under the Act
- prepare briefs of evidence for prosecution or refer appropriate matters to the AFP
- support ITSA’s Fraud Control Plan and
- provide advice and assistance to ITSA stakeholders with regard to relevant parties’ rights and obligations under the Act.
If you have an enquiry about the Enforcement area, see the Regulation & Enforcement contacts page for contact details.
| Referring alleged offences |
The Enforcement area has teams in three ITSA offices to handle alleged personal insolvency offences:
- Offences relating to matters in South Australia, Victoria, Northern Territory, Tasmania or Western Australia are assessed in Melbourne
- Offences relating to matters in New South Wales and the ACT are assessed in Sydney
- Offences relating to matters in Queensland are assessed in Brisbane
If you have concerns about a possible offence, please select and fill out the appropriate form from the list below:
| Location | Form to use |
| South Australia, Victoria, Northern Territory, Tasmania, Western Australia | |
| New South Wales or the ACT | |
| Queensland | |
After completing the form, forward it to the appropriate ITSA office for investigation.
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