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ITSA Practices & Policies

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The documents accessed through this webpage are ITSA’s current policies and practices outlining how ITSA exercises its powers and performs its functions; and regulatory practice statements which provide direction and guidance to regulated entities, outlining ITSA’s expectations on how legislation should be interpreted.
Prior superceded Inspector-General directions issued on legal, procedural and technical matters are available on the IG Direction page.

ITSA administers the Bankruptcy Act 1966 and related legislation. The legislation creates the statutory roles of the Inspector General, the Official Receiver and the Official Trustee within ITSA. The roles of each of these entities are described here.


Inspector-General Practice Statements (IGPS)
These documents give guidance to regulated entities by explaining when and how the Inspector-General in Bankruptcy will exercise specific powers under the Bankruptcy Act, describing the principles underlying the Inspector-General’s approach and the Inspector-General’s expectation of practitioners.

Inspector-General Practice Directions (IGPD)
These documents are to assist regulated entities by explaining how the law should be interpreted, giving both guidance and direction on specific insolvency practice.

Official Receiver Practice Statements (ORPS)
The Official Receiver Practice Statements describe the way ITSA performs functions and exercises powers conferred on the Official Receiver under the Bankruptcy Act and related legislation.

Debt Agreement Practice Statements (DAPS)
The Debt Agreement Practice Statements describe the way ITSA performs functions and exercises powers conferred on the Official Receiver under the Bankruptcy Act and related legislation including powers in relation to debt agreements.

Official Trustee Practice Statements (OTPS)
The Official Trustee statements describe how ITSA carries out its trustee duties under the Bankruptcy Act and how decisions are made in the administration of bankrupt estates.
Inspector-General Practice Statements (IGPS)
These documents give guidance to regulated entities by explaining when and how the Inspector-General in Bankruptcy will exercise specific powers under the Bankruptcy Act, describing the principles underlying the Inspector-General’s approach and the Inspector-General’s expectation of practitioners.

These statements and directions will be regularly reviewed and updated to reflect changes in the law or to our organisational structure, policies or procedures as required. Some of the statements are under development and indicative release dates are shown in the schedule below.

If you have any comments, suggestions or queries on a matter referred to in these Practice Statements, please contact us at any time by email at br.qld@itsa.gov.au or by mail addressed to:

Practice Manager – Bankruptcy Regulation branch
Insolvency & Trustee Service Australia
PO Box 10443
ADELAIDE STREET BRISBANE QLD 4000
^Top of Page
Schedule of Inspector-General Practice Statements
TitleDocument StatusIGPS Number
Regulatory frameworkRevised February 2010IGPS 1
Regulation of trustees and debt agreement administratorsIssued March 2007IGPS 2
Registered trustee registration processSuperseded by IGPS13IGPS 3
Guidelines for registration as a debt agreement administratorIssued March 2007IGPS 4
Funding for trustees under Section 305Issued February 2006IGPS 5
Referral of offences for rash and hazardous gambling under Section 271Issued December 2004IGPS 6
Annual estate returnsIssued July 2007IGPS 7
Involuntary cancellation of trustee registration Issued January 2009IGPS 8
Involuntary cancellation of administrator registration Issued January 2009IGPS 9
Complaint handling process for complaints against bankruptcy trustees and debt agreement administratorsIssued October 2008IGPS 10
Monitoring and inspection of bankruptcy trustees and debt agreement administrators Issued September 2008IGPS 11
Statutory Reviews of trustees’ decisions under the Bankruptcy Act 1966 by the Inspector-General in BankruptcyIssued December 2008IGPS 12
Becoming registered as a trustee in bankruptcyIssued June 2008IGPS 13
Referral of offences against the Bankruptcy Act 1966 to the Inspector-GeneralIssued February 2010IGPS 14
Inspector-General Practice Directions (IGPD)
These documents are to assist regulated entities by explaining how the law should be interpreted, giving both guidance and direction on specific insolvency practice.

These statements and directions will be regularly reviewed and updated to reflect changes in the law or to our organisational structure, policies or procedures as required. Some of the statements are under development and indicative release dates are shown in the schedule below.

If you have any comments, suggestions or queries on a matter referred to in these Practice Statements, please contact us at any time by email at br.qld@itsa.gov.au or by mail addressed to:

Practice Manager – Bankruptcy Regulation branch
Insolvency & Trustee Service Australia
PO Box 10443
ADELAIDE STREET BRISBANE QLD 4000
^Top of Page
Schedule of Inspector-General Practice Directions
TitleDocument StatusIGPD Number
Trustees fiduciary dutiesIssued June 2008IGPD 1
Collection of realisations and interest chargesIssued November 2007IGPD 2
What constitutes an expense of a registered debt agreement administratorIssued April 2007IGPD 3
Meeting procedure and section 73 proposalsRevised January 2009IGPD 4
To be advisedTo be advisedIGPD 5
Trustee remuneration practicesRevised January 2010IGPD 6
Trustee remuneration – Requesting up front fees from debtorsSee IGPD6IGPD 7
Solicitor controlling trustees eligibility requirementsIssued October 2009IGPD 8
Standards for trustees and controlling trusteesIssued December 2004IGPD 9
What is a secured creditor in a debt agreementIssued August 2009IGPD 10
Objections practice Issued September 2009IGPD 11
Controlling trustee role and dutiesIssued February 2010IGPD 12
RDAA Certifications - Guidelines relating to certification requirementsRevised February 2010IGPD 13
Trustees fiduciary dutiesDue March 2010IGPD 14
RDAA Accounting requirements - Guidelines relating to keeping proper accountsRevised February 2010IGPD 15
Guidelines relating to Administrator duty to notify Official Receiver of 6 month arrears defaultIssued May 2009IGPD 16
Guidelines relating to Administrator duty to notify creditors of 3 month arrears defaultRevised February 2010IGPD 17
Official Receiver Practice Statements (ORPS)
The Official Receiver Practice Statements will be regularly reviewed and updated to reflect changes in the law or to our organisational structure, policies or procedures as required. Some of the statements are under development and indicative release dates are shown in the schedule below.

If you have any comments, suggestions or queries on a matter referred to in the Bankruptcy Registry Practice Statements, please contact us at any time by email at jerry.white@itsa.gov.au or by mail addressed to:

Functional Leader – Bankruptcy Registry and Compliance
Insolvency & Trustee Service Australia
GPO Box H536
PERTH WA 6841
Schedule of Official Receiver Practice Statements
Schedule of Bankruptcy Registry and Compliance Official Receiver Practice Statements
TitleDocument StatusORPS Number
Declaration of intention to present a debtor’s petition Updated August 2008ORPS 1
Bankruptcy by debtors petitionUpdated August 2008ORPS 2
Bankruptcy by creditors petitionORPS 3
Setting up a Personal Insolvency AgreementRevised October 2008ORPS 4
Insolvent deceased estate (Part XI of the Bankruptcy Act)Issued August 2008ORPS 5
Issuing a bankruptcy noticeRevised February 2009ORPS 6
Issuing an official receiver noticeIssued November 2008ORPS 7
Maintaining the national personal insolvency index (NPII)Revised November 2009ORPS 8
Inspecting documents filed with the official receiver (Searching the public record)Issued December 2008ORPS 9
Debt Agreement Practice Statements (DAPS)
The Debt Agreement Practice Statements will be regularly reviewed and updated to reflect changes in the law or to our organisational structure, policies or procedures as required.

If you have any comments, suggestions or queries on a matter referred to in the Debt Agreement Practice Statements, please contact us at any time by email at digby.ross@itsa.gov.au or by mail addressed to:

Official Receiver & National Manager – Debt Agreement Service
Insolvency & Trustee Service Australia
PO Box 10443 Adelaide Street
BRISBANE QLD 4000
^Top of Page
Schedule of Official Receiver Practice Statements
Schedule of Debt Agreement Official Receiver Practice Statements
TitleDocument StatusDAPS Number
Who is eligible to propose a debt agreementIssued July 2008DAPS 1
When a debt agreement proposal is acceptableIssued July 2008DAPS 2
Voting on proposals and proposal to vary and terminateIssued July 2009DAPS 3
Cancellation of DAPIssued July 2008DAPS 4
Proposal to vary Issued July 2008DAPS 5
Proposal to terminateIssued July 2008DAPS 6
Six month arrears defaultIssued July 2008DAPS 7
Completion of a debt agreementIssued July 2008DAPS 8
Replacing a debt agreement administratorIssued July 2008DAPS 9
Official Trustee Practice Statements (OTPS)
The Official Trustee’s Practice Statements describe the way in which the Official Trustee approaches the administration of bankrupt estates and other arrangements under the Bankruptcy Act. These Statements are not issued as directions or instructions to trustees on how matters should be administered. They are intended to provide an indication to debtors and creditors of what they should expect from the Official Trustee.

Further practice statements will be published as they are developed.

If you have any comments or questions on a matter referred to in these Practice Statements, please contact ITSA at any time by email to cheryl.cullen@itsa.gov.au or by post addressed to:

National Manager Trustee Services
Insolvency & Trustee Service Australia
GPO Box 2851
MELBOURNE VIC 3001
Schedule of Official Trustee Practice Statements
TitleDocument StatusOTPS Number
Income contributionsIssued February 2008OTPS 1
Bank Accounts - Application of Section 125 of the Bankruptcy ACT 1966 where estate is administered by the Official TrusteeIssued July 2009OTPS 2
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Documents can be downloaded in PDF.

Should you have difficulty in reading, printing or downloading these documents, please email webmanager@itsa.gov.au for further assistance.

For all other enquiries, please email info@itsa.gov.au.
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