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  2. Personal debt/sole trader debt

How will my profession/trade be affected by an insolvency appointment?

The Bankruptcy Act 1966 does not generally impose any restrictions or conditions on employment in any profession; however, various state and national associations/governing bodies do provide certain restrictions.

This applies to both people who are bankrupt and people who are subject to a personal insolvency agreement (Part X) or a debt agreement (Part IX).

The Australian Financial Security Authority (AFSA) has on its website an overview of employment restrictions to alert people to the potential trades and professional memberships that are affected in these circumstances.

On a general basis, state governments administer legislation that governs eligibility rules for trades such as plumbers, builders, secondhand dealers etc. While national or state-based professional associations / statutory boards govern such professions as accountants, lawyers, barristers etc.

The schedule is to assist and alert people to which statutory bodies may have such restrictions. It does not mean that employment or operation in those field is voided on the event of bankruptcy, it simply assists in pointing users in the right direction and is not an exhaustive list.

Impact on membership  considered an exclusion by the relevant Act or Rules, however applications for consideration can be made to the governing body to retain membership/licence. 
Potential impact must be disclosed to the governing body but is not specifically considered an exclusion 
No impact not specifically listed as an exclusion by the relevant Act or Rules 
Exclusion current legislation/regulations advise that bankruptcy/personal insolvency is an automatic exclusion 

Note: Legislation and membership rules are subject to change. This table should be used as a guide only. You should contact the relevant source of information directly to confirm any impact prior to lodging the relevant personal insolvency applications.

National Authorities

Profession / Trade   Impact   Authority 
Accountants – CA  Impact on Membership/Licence  Chartered Accountants Australia and New Zealand 
Accountants – CPA  Impact on Membership/Licence  CPA Australia 
Accountants – IPA   Impact on Membership  Institute of Public Accountants 
Bookkeepers   Impact on Membership  Institute of Certified Bookkeepers 
Company director  An undischarged bankrupt or a person subject to a Personal Insolvency Agreement cannot be involved in the management of a company unless authorised by a Court.  Australian Securities & Investments Commission (ASIC)
Councillors   Impact on Membership  Contact local government office 
Defence Force  Navy and/or RAAF personnel should contact their respective HR departments for information on potential consequences.   Department of Defence 
Finance Brokers & Securities  Impact on Membership/Licence. Note that finance broking in certain States/Territories may also be regulated under respective state legislation.  Australian Securities & Investments Commission (ASIC)
Members of Parliament  Exclusion from Membership  Parliament of Australia 
Operating a Business (as a sole trader or partnership)  Potential Impact: Debt Agreement and Part X Agreements may not necessarily impact your ability to operate a business. Under Bankruptcy, you may be prevented from running a business because your trustee may sell the assets of your business. Any existing partnership you are part of will dissolve. If you are able to continue running the business by your trustee, you must disclose your bankruptcy to all those who your business deals with and you must include your full name in your business name.  Australian Financial Security Authority (AFSA)
Police – Federal  Impact on Membership  Australian Federal Police 
Registered Nurse of Midwife  Potential Impact (but must be declared on application)  Nursing and Midwifery Board 
SMSF Trustee or Beneficiary 

Exclusion from Membership

Australian Prudential & Regulatory Authority  (APRA)
Tax Agents  Impact on Membership   Tax Agent’s Board 

State/Territory Based Authorities

 

Profession/

trade

WA Tas NT ACT
Builders Licence Potential Impact Potential Impact Exclusion Exclusion
Department of Commerce  Department of  Justice Northern Territory Building Practitioners Board ACT Environment & Planning Directorate
Debt Collector/ Process Server/ Repossession Agent Potential Impact Potential Impact Exclusion Potential Impact
Department of Commerce Consumer Affairs & Trading Northern Territory Licensing Refer NSW
Electrician Potential Impact Potential Impact Potential Impact Potential Impact
Energy Safety – Dept of Commerce Department of Justice NT Electrical Workers and Contractors Licensing Board ACT Environment & Planning Directorate
Escort Agencies and/or Brothel Managers N/A N/A Potential Impact Potential Impact
No Authority No Authority Northern Territory Licensing Office of Regulatory Services
Gaming Room/ Casino Employees Potential Impact Potential Impact Potential Impact Potential Impact
Department of Racing, Gaming and Liquor Department of Treasury and Finance Northern Territory Licensing ACT Gambling & Racing Commission
Gas Fitter Licence No Impact No Impact No Impact Potential Impact
Energy Safety – Dept of Commerce Department of Justice NT Worksafe Environment & Planning Directorate
Justice of the Peace/ Comm. Dec Exclusion Exclusion Exclusion Impact
Department of the Attorney General Department of Justice Department of Justice Department of Justice and Community Safety
Liquor Licence (Publican)

Impact Potential Impact Impact Potential Impact
Department of Racing, Gaming and Liquor Department of Treasury and Finance Director General of Licensing Office of Regulatory Services
Police – State Impact Impact Impact Impact
WA Police TAS Police NT Police Australia Federal Police
Plumber Licence Potential Impact No Impact Potential Impact Potential Impact
Plumbers Licensing Board Department of Justice Northern Territory Plumbers & Drainers Licensing Board Environment & Planning Directorate
Private Investigator Licence Potential Impact Potential Impact Exclusion N/A
WA Police Consumer Affairs and Fair Trading Northern Territory Licensing N/A – currently no licensing body
Real Estate Licence Impact Exclusion Impact Impact
Department of Commerce Property Agents Board Northern Territory Licensing Office of Regulatory Services
Second Hand Dealers & Pawnbrokers Liences Potential Impact Potential Impact Impact Potential Impact
WA Police TAS Police Northern Territory Licensing Office of Regulatory Services
Security Licence No Impact Potential Impact No Impact Potential Impact
WA Police Consumer Affairs and Fair Trading Director General of Licensing Office of Regulatory Services
Solicitors/ Lawyers (Practicing) Impact Impact Impact Impact
Legal Practice Board TAS Supreme Court NT Supreme Court ACT Supreme Court
Travel Agents Licence All state licencing is being wound down All state licencing is being wound down All state licencing is being wound down All state licencing is being wound down
Department of Commerce Consumer Affairs and Fair Trading Northern Territory Licensing Office of Regulatory Services
Vehicle Dealer Licence Potential Impact Exclusion Exclusion Potential Impact
Department of Commerce Consumer Affairs and Fair Trading Northern Territory Licensing Office of Regulatory Services

Profession/

trade

NSW VIC QLD SA
Builders Licence Exclusion Potential Impact Exclusion Exclusion
Department of Fair Trading Victorian Building Authority Queensland Building & Construction Commission Consumer & Business Services – Licensing
Debt Collector/ Process Server/ Repossession Agent Potential Impact Exclusion Exclusion Potential Impact
NSW Police Consumer Affairs Victoria Office of Fair Trading Consumer & Business Services – Licensing
Electrician Potential Impact Potential Impact Potential Impact Potential Impact
Department of Fair Trading Energy Safe Victoria Electrical Safety Office Consumer & Business Services – Licensing
Escort Agencies and/or Brothel Managers N/A N/A Potential Impact Potential Impact
N/A Potential Impact Exclusion N/A
Gaming Room/ Casino Employees Potential Impact Potential Impact Potential Impact Potential Impact
NSW Office of Liquor, Gaming & Racing Commission for Gambling & Liquor Regulation The Office of Liquor, Gaming and Racing (OLGR) Consumer & Business Services – Licensing
Gas Fitter Licence Potential Impact Potential Impact No Impact No Impact
Department of Fair Trading Victorian Building Authority Dept of Natural Resources and Mines Consumer & Business Services – Licensing
Justice of the Peace/ Comm. Dec Exclusion Exclusion Exclusion Exclusion
Department of Justice Honorary Justice Office Department of Justice & Attorney General Attorney General’s Department
Liquor Licence (Publican)

Potential Impact Impact Impact Potential Impact
Office of Liquor Gaming & Racing Commission for Gambling & Liquor Regulation The Office of Liquor, Gaming and Racing Consumer & Business Services
Police – State Impact Impact Exclusion Impact
NSW Police VIC Police QLD Police SA Police
Plumber Licence Potential Impact Potential Impact Potential Impact No Impact
Office of Fair Trading Victoria Building Authority Queensland Building & Construction Commission Consumer & Business Services
Private Investigator Licence Potential Impact Exclusion Exclusion Potential Impact
NSW Police Victoria Police Office of Fair Trading Qld Consumer & Business Services
Real Estate Licence Impact Impact Exclusion Exclusion
Office of Fair Trading Consumer Affairs Victoria Office of Fair Trading Consumer and Business Services
Second Hand Dealers & Pawnbrokers Liences  Impact  Impact Impact Impact
Office of Finance and Services Consumer Affairs Victoria Office of Fair Trading SA Police
Security Licence No Impact Potential Impact No Impact Potential Impact
NSW Police VIC Police Office of Fair Trading Consumer & Business Services
Solicitors/ Lawyers (Practicing) Impact Impact Impact Impact
Legal Profession Admission Board Board of Examiners Legal Practitioners Admissions Board Board of Examiners
Travel Agents Licence All state licencing is being wound down All state licencing is being wound down All state licencing is being wound down All state licencing is being wound down
Office of Fair Trading Consumer Affairs Victoria Office of Fair Trading Consumer & Business Services
Vehicle Dealer Licence Exclusion Exclusion Exclusion Exclusion
Office of Fair Trading Consumer Affairs Victoria Office of Fair Trading Consumer & Business Services