Bankruptcy (Insolvency Practice Schedule) Delegations 2026
I, Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, make the following delegations.
Dated 9 April 2026
Dr Andrew Leigh
Assistant Minister for Productivity, Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definition
Part 2—Delegations relating to appointing persons to a committee performing functions relating to registering and disciplining trustees
5 Delegations
6 Directions to the delegate
Part 1—Preliminary
1 Name
This instrument is the Bankruptcy (Insolvency Practice Schedule) Delegations 2026.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Bankruptcy Act 1966.
4 Definition
Note: Expressions have the same meaning in this instrument as in the Bankruptcy Act 1966 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
In this instrument:
AFSA means the Australian Financial Security Authority.
Minister’s power to appoint a person to a committee means the power of the Minister to appoint a person to a committee under paragraphs 20‑10(2)(c), 20‑45(2)(c), 40-45(2)(c) and 40-75(2)(c) of Schedule 2 to the Act.
the Act means the Bankruptcy Act 1966.
Part 2—Delegations relating to appointing persons to a committee performing functions relating to registering and disciplining trustees
5 Delegations
Under subsection 10(1) of the Act, each person holding, occupying or performing the duties of each of the following offices or positions in AFSA, being an officer of the Commonwealth, is delegated the Minister’s power to appoint a person to a committee:
(a) the Chief Executive;
(b) an SES employee.
6 Directions to the delegate
(1) For the purposes of paragraphs 20‑10(2)(c), 20‑45(2)(c), 40-45(2)(c) and 40‑75(2)(c) of Schedule 2 to the Act, a person delegated the Minister’s power to appoint a person to a committee under section 5 of this instrument, must only exercise the power to appoint a person if the person to be appointed is listed in subsection (2).
(2) For the purposes of subsection (1), the following persons are listed:
(a) Catherine Brown;
(b) Jennifer Dickfos;
(c) Michael Geoffrey Rees Gronow KC;
(d) Jason Harris;
(e) Nicola Joanne Howell;
(f) Michael Hugh Murray;
(g) Lucinda O’Brien;
(h) Catherine Robinson;
(i) Elizabeth Streten;
(j) Christopher Francis Symes;
Note 1: The persons listed in a paragraph in subsection 6(2) of this instrument are to be reviewed periodically.
Note 2: A person is to be appointed to a committee only if the Minister, or their delegate, is satisfied that the person is qualified for appointment by virtue of their knowledge of, or experience in, one or more fields—see section 50-10 in Schedule 2 to the Act.
Overview
The Bankruptcy (Insolvency Practice Schedule) Delegations 2026, made by Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, provides a delegation of the Minister's power to appoint a person to a committee that performs functions relating to the registration and disciplining of trustees. This instrument was enacted to streamline and formalise the delegation process within the Australian Financial Security Authority (AFSA) under the Bankruptcy Act 1966. The policy objective of this legislation is to ensure that only qualified individuals, with the requisite knowledge or experience in relevant fields, are appointed to committees responsible for the oversight of trustees. The delegations are specified to particular officers within AFSA, namely the Chief Executive and Senior Executive Service (SES) employees, thus formalising and clarifying the chain of command and responsibility in the insolvency practice area.
Scope and Application
The Bankruptcy (Insolvency Practice Schedule) Delegations 2026I, made under the authority of Dr. Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, outlines the delegation of specific powers related to the appointment of individuals to a committee responsible for the registration and disciplining of trustees. This instrument applies to officers and employees of the Australian Financial Security Authority (AFSA) who hold particular positions, such as the Chief Executive and Senior Executive Service (SES) employees. These individuals are delegated the Minister's power to appoint members to the committee, with the caveat that only certain listed individuals can be appointed, and only if they meet the qualifications and experience criteria stipulated in the Bankruptcy Act 1966. The instrument's provisions commence the day after it is registered. The scope of this delegation is confined to the specific functions and individuals mentioned, with no broader jurisdictional reach beyond the terms of the Bankruptcy Act 1966.
Key Provisions
The main operative sections of the Bankruptcy (Insolvency Practice Schedule) Delegations 2026I (hereafter referred to as the "Delegations") focus on the delegation of powers by the Minister to certain officers within the Australian Financial Security Authority (AFSA). Section 5 of the Delegations outlines the specific officers within AFSA who are granted the Minister's power to appoint individuals to a committee responsible for the registration and disciplinary functions related to trustees, as detailed under paragraphs 20-10(2)(c), 20-45(2)(c), 40-45(2)(c), and 40-75(2)(c) of Schedule 2 to the Bankruptcy Act 1966. These officers include the Chief Executive and any Senior Executive Service (SES) employees within AFSA. Section 6 provides that these delegated officers can only exercise their appointing power if the individual to be appointed is listed in subsection 6(2), which includes names such as Catherine Brown, Jennifer Dickfos, and others.
The Delegations impose specific obligations and requirements on the parties involved. The Chief Executive and SES employees within AFSA are obligated to ensure that any appointments to the committee are made from the list provided in subsection 6(2) and that the individuals possess the requisite knowledge or experience in relevant fields, as outlined in section 50-10 of Schedule 2 to the Bankruptcy Act 1966. Additionally, the individuals listed for potential appointment must be periodically reviewed to maintain the integrity and suitability of the committee members.
The Delegations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions within the text provided. However, breaches of the Bankruptcy Act 1966, which the Delegations support, could lead to various penalties. For instance, under section 118 of the Bankruptcy Act, a person who knowingly or recklessly makes a false statement in an application for a bankruptcy certificate or in any document required by the Act may be liable to a penalty of up to $22,200. Furthermore, under section 122, a person who contravenes any provision of the Act, other than a provision that relates only to a penalty, may be liable to a penalty of up to $22,200. These penalties are subject to change in line with amendments to the Act and legislative updates.