2.1 Referral of allegations/ ITSA / AFAS

More shit from Veronique Ingram the skank that protects fraud................... 

Up one level

Next Previous  

The allegation of an offence is the initial step in the investigation process.
Allegations of offences can arise from a variety of sources, such as:

1. ITSA staff, including the Official Trustee and the Official Receiver;
2. Registered Trustees;
3. members of the public including creditors and anonymous informers;
4. other Commonwealth or State/Territory agencies - including police services;
5. internal or external audit/inspection processes;
6. Government or Ministerial referrals;
7. referrals from overseas governments or agencies; and
8. other sources.

Referrals from within ITSA should be on the form entitled “Alleged Offence Referral to Enforcement” and include as much relevant information as possible, including all evidence obtained by the staff member.  .
Where referrals originate from outside ITSA, the referrer should be encouraged to provide the information on the form entitled “Alleged Offence Referral to ITSA Enforcement” available on the ITSA Regulation & Enforcement Internet site.
Trustees and other referring sources should be encouraged to report any evidence of bankruptcy-related fraud to their closest Enforcement office.  Trustees and other referring sources may become discouraged from making referrals because of the perceived “minor” sentences handed down from some criminal prosecutions.  It is important to assure them that referrals serve multiple purposes - including tracking trends in fraudulent activity and documenting the need for additional investigative resources.  Enforcement should emphasise to referrers at any given opportunity that the content and thoroughness of the referral will assist Enforcement in their assessment process and assist in determining whether a matter should be investigated.
The Inspector-General Practice Statement 14 provides guidance to practitioners on when to refer matters to ITSA Enforcement and to clarify what information may be required to support an offence referral.
Where an allegation is made to a Trustee by an anonymous informant, the Official Trustee or the Registered Trustee responsible for the administration of the estate should endeavour to verify the allegation through the collection of substantiating information prior to referring the matter to Enforcement.
If an allegation is made directly to Enforcement by an anonymous informant, Enforcement personnel should obtain as much information as possible.  Enquiries can then be made to verify / dismiss the allegation through the collection of further information.
If any party has any general enquiries with respect to Enforcement, the Bankruptcy Act 1966 offence provisions, or simply questions about whether or not to refer a matter to Enforcement for investigation, they can send an email to fraud.enquiries@itsa.gov.au and Enforcement will provide them with a response at the first available opportunity.
Where a referring source seeks verbal advice from Enforcement as to whether an offence may have been committed prior to a formal referral being submitted, Enforcement should, as soon as possible, indicate on the basis of the information at hand, whether there is sufficient information to disclose an alleged offence.
If Enforcement believes that an alleged offence has not been committed, or that the case is not suitable for investigation Enforcement should provide reasons to the referrer and indicate, if appropriate, what further action is required to finalise the matter.
Where Enforcement considers the case is suitable for investigation, Enforcement should advise the referrer to refer the matter on the form titled “Alleged Offence Referral to ITSA Enforcement”.

Next Previous