Bankruptcy Act 1966

Remedying failure to lodge documents or give information or documents

The Inspector‑General may direct a registered trustee to comply with a requirement to lodge a document, or give any information or document, to the Inspector‑General. If the trustee fails to comply with the direction, the Inspector‑General can direct that the trustee accept no further appointments or seek an order from the Court directing the trustee to comply.

Correcting and completing information given to the Inspector‑General

If the Inspector‑General reasonably suspects that information that a registered trustee is required to give the Inspector‑General under this Act is incomplete or inaccurate, the Inspector‑General can direct the trustee to confirm, complete or correct the information. The Inspector‑General can also direct the trustee to tell someone about the defect in the information. If the trustee fails to comply with a direction, the Inspector‑General can direct that the trustee accept no further appointments or seek an order from the Court directing the trustee to comply.

Other grounds for a direction not to accept further appointments

There are other grounds on which the Inspector‑General can issue a direction not to accept further appointments, for example, if the registered trustee fails to comply with a direction to convene a meeting.

Suspending or cancelling registration

An individual’s registration as a trustee can be suspended or cancelled.

The registration is automatically cancelled if the registered trustee becomes an insolvent under administration or dies.

In some circumstances, the Inspector‑General can suspend or cancel the registration of a person as a trustee. The Inspector‑General can also give a registered trustee notice to show‑cause why the trustee should continue to be registered. If the Inspector‑General is not satisfied with the answer, the Inspector‑General can refer the matter to a committee which will make a decision on what action should be taken.

An industry body can give the Inspector‑General notice of possible grounds for disciplinary action.

If a registration is suspended, the trustee can apply to the Inspector‑General to have the suspension lifted or shortened.

A decision about the suspension or cancellation of the registration of a trustee is reviewable by the Administrative Review Tribunal (see Division 96 of this Schedule).