Bankruptcy Act 1966

If the Inspector‑General:

reviews a decision; or

refuses a request by a bankrupt for a review of a decision;

The notice must:

set out the decision; and

refer to the evidence or other material on which the decision was based; and

give the reasons for the decision.

In the case of a decision reviewing the trustee’s decision to make an assessment, the notice must also include a statement to the effect that, if the bankrupt or the trustee, is dissatisfied with the Inspector‑General’s decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision.

In the case of a decision refusing a request to review the trustee’s decision to make an assessment, the notice to the bankrupt must also include a statement to the effect that, if the bankrupt is dissatisfied with the Inspector‑General’s decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for a review of the decision.

A contravention of subsection (3) or (4) in relation to a decision does not affect the validity of the decision.

If, within 60 days after lodgment of a request by a bankrupt for the review of the trustee’s decision to make an assessment, the Inspector‑General has not given written notice to the bankrupt of his or her decision in accordance with subsection (1), the Inspector‑General is taken to have reviewed the trustee’s decision and confirmed it under paragraph 139ZD(a).

If the Inspector‑General makes a fresh assessment, the Inspector‑General must, as soon as practicable, give to the bankrupt written notice setting out particulars of the fresh assessment.

This Division, apart from this Subdivision, applies to an assessment made by the Inspector‑General as if it had been made by the trustee under subsection 139W(2).