Inspector‑General to notify bankrupt and trustee of decision
149P Inspector‑General to notify bankrupt and trustee of decision
If the Inspector‑General:
reviews a decision; or
refuses a request by a bankrupt for a review of a decision;
the Inspector‑General must give written notice to the bankrupt, to the trustee and to the Official Receiver, of the Inspector‑General’s decision on the review or on the request, as the case may be.
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 decision to file a notice of objection, 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 decision to file a notice of objection, 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 file a notice of objection, 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 decision and confirmed it under subsection 149N(3).
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