Breaches of the Bankruptcy Act/Enforcement/Regulation

Following is a question asked by Senator Williams to ITSA in May 2012.

8. It is intriguing that ASIC would move against a liquidator in Melbourne following

concerns about his capacity to adequately and properly carry out his duties, yet ITSA

cannot seem to take action against the same person as a bankruptcy trustee. It hardly

gives people confidence in the system. Would you like to see uniform laws in this regard?

Answer:

ITSA has recently made an announcement concerning Mr Pattison's registration as a trustee.

As to uniform law, we note that an important stated objective of the Options Paper issued

by the Government in June 2011 is to seek input from interested parties to determine

whether it is appropriate that an aligned set of provisions be adopted for both the corporate

and personal insolvency regimes to inform the development of future reforms that will

ensure the maintenance of public confidence in the insolvency regime.

Veronique Ingram needs a big cock up her arse.

Considering the number of complaints that ITSA received about corrupt Paul Pattison ITSA clearly failed to comply with their obligations under the Bankruptcy Act.

ITSA also clearly has no adequate investigation policy to date. The National  Enforcement manager Adam Toma is on the take and using his position outside  ITSA  to intimidate people to  his advantage.

 BREACHES OF THE BANKRUPTCY ACT

If ITSA identifies a breach ( or if they  can be bothered ) they have a meeting with Enforcement. This would be in the respective state in Australia. In NSW you would have a meeting with the skanky bitch Julie Padgett. This bitch from ITSA needs a cock up her arse. This is usually the end of the matter and it goes no further.

Enforcement is advised by Matthew Osborne to make a large  note of this  and ITSA's responsibility under the Bankruptcy Act is fully complied  with. This is a breach of the Inspector Generals  practice statement 14.

If you make a complaint to Bankruptcy Regulation( you are unable to make a complaint to Enforcement) the matter  is usually fucked over because Adam Toma has failed to have Regulation comply with any investigation standards.

Functions of ITSA

Following is the functions of ITSA

If you are considering making a complaint to ITSA be aware that  the Bankruptcy Regulation branch has no investigation policy and has no investigation standards. If you are considering making a complaint  realize you are probably going to get fucked over .

Mathew Osborne(Legal Branch) is advising trustees that they have the discretion to fuck everyone over.

Both Adam Toma and Veronique Ingram need a good fuck up their arses for allowing this

Agency overview

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Functions

The Insolvency and Trustee Service Australia (ITSA) is an executive agency in the Attorney-General's portfolio. ITSA's purpose is to provide improved and equitable financial outcomes for consumers, business and the community through application of bankruptcy and personal property securities laws, regulation of personal insolvency practitioners, and trustee services.
The services provided by ITSA include:

• ensuring that debtors, bankrupts and their associates, practitioners and others comply with the requirements of the Bankruptcy Act 1966 and associated legislation by:
• operating the bankruptcy registry where debtor's petitions are lodged, debt agreement proposals are processed and public records on insolvency are maintained
• exercising Official Receiver powers to assist trustees to obtain information and recover property
• investigating possible offences under the Bankruptcy Act 1966 and preparing briefs of evidence for prosecution
• regulating the activity of trustees and debt agreement administrators
• administering, as the Official Trustee, personal bankruptcies, debt agreements and personal insolvency agreements when private bankruptcy trustees or other administrators are not appointed
• acting as a special trustee for Australian Government agencies pursuant to court orders, particularly by locating, controlling and selling property under the proceeds of crime legislation
• administering and enforcing the Personal Property Securities Act 2009, including through the provision of the national Personal Property Securities Register (PPSR).

Legislation

ITSA is responsible for administering the following Acts and associated Regulations, which provide a legislative framework for its functions and services:

• the Bankruptcy Act 1966
• the Bankruptcy (Estate Charges) Act 1997
• the Personal Property Securities Act 2009.

ITSA also administers property in accordance with orders made under:

• the Proceeds of Crime Act 1987
• the Proceeds of Crime Act 2002.

Role

ITSA fulfils each of the following roles created by the Bankruptcy Act:

• Inspector-General in Bankruptcy - ITSA's Chief Executive is also appointed as the Inspector-General in Bankruptcy. The Inspector-General is responsible for the general administration of the Bankruptcy Act and has powers to regulate bankruptcy trustees and debt agreement administrators, review decisions of trustees and investigate allegations of offences under the Act.
• Official Receiver - On behalf of the Official Receiver, ITSA operates a public bankruptcy registry service with compliance and coercive powers to assist bankruptcy trustees to discharge their responsibilities.
• Official Trustee in Bankruptcy - The Official Trustee in Bankruptcy, a body corporate, administers bankruptcies and other personal insolvency arrangements when a private trustee or other administrator is not appointed. ITSA provides personnel and resources to ensure the Official Trustee can fulfil its responsibilities. The Official Trustee also has responsibility under the Proceeds of Crime Act 2002 and the Customs Act 1901 to control and deal with property under court orders made under these statutes.

The Personal Property Securities Act creates the role of:

• Registrar of Personal Property Securities - The Registrar administers the PPSR in compliance with the Personal Property Securities Act 2009 and Regulations. This includes responsibility for ensuring the register is accessible and accurate.

Organisational structure

ITSA's senior management team is led by the Chief Executive. The Chief Executive is directly assisted by:

• the National Manager Business Services (who is also appointed as the Official Receiver)
• the National Manager Regulation and Enforcement
• the National Manager Corporate Strategy and Support
• ITSA General Counsel and Registrar of Personal Property Securities

You be the Judge/ No Regulation Standards

Sometimes you just have to ask lame questions to see what answers you will be given.
I began asking for ITSA;s investigation policy in July last year. Of course I realize I can look it up on the internet but I was curious what they would tell me.
I eventually got my FOI on the 20th December 2012 after Adam Toma had ripped his skirt off.
On the 20th December 2012 ITSA (Dave Maher) told me that ITSA's regulation line is responsible for monitoring personal insolvency practitioners including the Official Trustee. They consider complaints and conduct inquiries or investigations as appropriate. Then...........

..

On the 24th January 2013 they told me that infact Bankruptcy Regulation do not do investigations but the AGIS apply only to Enforcement because Regulations do not investigate breaches of the Bankruptcy Act only monitor the conduct of practitioners.

Clearly, Dave Maher must have forgotten that he had already advised me that Regulation conducted inquiries and investigations on the 20th December 2012. These fuckers must be on drugs!!!!!!!!

According to the AGIS any Government Agency who carry out investigations are required to comply with this.

Despite an enormous amount of evidence being supplied to the Commonwealth Ombudsman this was fucked over because there is no investigation standards at the Commonwealth Ombudsman has no investigation standards.

Also clearly most complaints are fucked over by ITSA Regulation because the Fucker Adam Toma has failed to ensure this measure has been put in place.

ITSA Senior management must be licking the shit out of each others arses.

waiting for my FOI Attorney Generals department

It will be particularly interesting when I get my FOI from the Attorney Generals Department.
Considering all investigations must comply with the AGIS I am interested to see how Helen Daniels dealt with my complaint and the complaints of others on the failure of ITSA .
My complaint contained extensive evidence of the corrupt conduct by Senior Management at ITSA so the matter did take several weeks to go over the paperwork.
Eventually I was told to go to the Commonwealth Ombudsman , who according to the Ombudsmans Act should have referred this matter back to the Minister responsible for ITSA which is the Attorney General. Considering the Ombudsman has no investigation policy and therefore no standards I can only suspect that the Attorney general's department fails to comply with any standards either.
Considering the Attorney Generals department has asked for an extension to this FOI I believe it will just enforce what everyone has suspected... that the Attorney Generals Department does not apply correct investigation standards for complaints.
Also....... Helen Daniels.. if you read this I have all your emails to and from including the one which you told me my complaint had no grounds because Mark Findlay had written a report that the conduct of the Official Trustee was acceptable....... you may also like to consider that Mark Findlay wrote a false report to protect the deputy official Receiver NSW and ACT because he had been fucking the asian skank.

IPA full of shit /Veronique Ingram

More Shit from the IPA.

Taking into consideration is is only an association it appears they are crawling up the arse of Veonique Ingram. They must be trying to join in fucking each other like everyone at ITSA

Practice Alerts Detail

ITSA annual report - pleasing trends in trustee performance

by Michael Murray | Nov 01, 2012

The ITSA Annual Report for 2011-2012 shows some pleasing and continuing trends in the standards of conduct of trustees in bankruptcy.

The ITSA Annual Report has been released by the Inspector-General in Bankruptcy.

Three features about the performance of practitioners are highlighted.
First, the overall number of errors of trustees (238) remained relatively stable in 2011–12. This statistic coupled with the decreasing number of trustees requested to take remedial action and the increasing percentage of administrations inspected with no errors is said by the Inspector-General to be a pleasing trend.
Second, while the number of complaints against trustees increased marginally, the Inspector-General found it pleasing to note that the percentage of complaints found to be justified decreased in 2011–12.

Third, only one trustee was deregistered in the relevant period.

The report is a very useful coverage of the operation of the personal insolvency regime, including the trends in the types of administrations, the nature of debtors and their assets, the extent of creditors' claims and the returns to those creditors.

The IPA is examining the report in more detail and will keep members informed.

Letter from Matthw Osborne ITSA

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This is the letter from Matthew Osborne on behalf of the Prime Minister.
It was my intention to bring to Mr Rudd's attention the systemic Corrupt conduct at ITSA
Adam Toma  had sent me a letter attempting to intimidate me .
Bankruptcy Regulations apparently had reveiwed the matter and found the Official Trustee's conduct to be acceptable.
First I must point out S13(1) Code of conduct for Public Servants
 (1)  An APS employee must behave honestly and with integrity in the course of APS employment.

Now three years latter this is what really occurred.......................

Matthew Osborne is the legal Officer at ITSA who is advising the Senior Management at ITSA and private trustee's that they have the discretion to breach the Bankruptcy Act. The section is S134(3). However this section is limited and can not be used in the capacity this fucker is advising it be used.
It is also a breach of the Australian Public Service Code of Conduct to mislead the Prime Minister.
 (9)  An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment.
Adam Toma intimidates anyone who inquires into the conduct at ITSA. He is also the National Manager Enforcement and Regulation. This fucker fails in his duties  to  have Bankruptcy regulation ompy with the AGIS He is also on the take and using his position at ITSA to make a profit on the side.
Mark Findlay was the Bankruptcy Regulations Manager who handled  this complaint. As you can see from my complaint to the commonwealth Ombudsman my evidence was extensive. Part of the complaint concerned Florence Choo who at the time was deputy Official Receiver NSW and Act.
At the time I was unaware that Mark Findlay had been fucking the skanky asian.
So how very funny it has all turned out.
I would understand it is a breach of the code of conduct S13 (7) to have been rooting the person you are investigating.
 (7)  An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.
It is also a breach of the Australian Government Investigation Standards although Adam Toma fails to comply with these.

Adam Toma, Matthew Osborne and Mark Findlay all need a rake handle  rammed  up their arses

ITSA FOI 24.1.2013/ reply 7.2.2013 ITSA disclosure Log

Freedom Of Information Officer

ITSA

PO Box 821

Canberra

2600

7/02/2013

Dear Mr Maher,

I refer to your letter I dated the 24^th January 2013

Perhaps you have failed to take into consideration and also failed to take into account any necessary foresight when you have foolishly attempted to debate me that it is not a requirement for Bankruptcy Regulations to comply with the AGIS. It has also been revealed that ITSA also has no adequate investigation policy. Considering ITSA is a Commonwealth Agency with a budget of $43,000,000 that is being protected by the Commonwealth Ombudsman and also by the Australian Public Service Commission this would demonstrate the complete failure of adequate

policies and procedures

You will be aware that ITSA's refusal to supply me with the statistics of de-registered trustee's plus the names of the ITSA staff who investigated these complaints at no charge is now with the Office of the Information Commissioner.

Please do not assume that  I no longer   wish to be notified the names of any ITSA staff that gave permission for the three time bankrupt, struck off solicitor who also had served time in jail to travel overseas. I am aware that Tibor Karolyi was one of these , though please supply me with the names of the other staff.

I am aware that Tibor Karolyi( who was Assistant Business line Manger at ITSA has confided in me on a number of occasions ITSA accepts false statement of Affairs from Bankrupts. You can ring him to confirm this. He now works at de Vries Tayeh and his phone number is 96333333. Please also advise me if George Adler filed a false statement of Affairs before he was granted overseas travel.

You can also ring Cheryl Cullen on 82337823 to confirm that ITSA has the discretion to mislead a creditor.

I have posted Jamie Lee Alexander's Statement of Affairs on the internet for your convenience. I understand this statement of Affairs which was obviously false and was accepted by ITSA. I have attached a letter from Gavin McCosker National Manager Corporate Strategy and support that ITSA accepted this false statement of affairs. Please advise me if it is ITSA's policy that this is acceptable.

Also again I am requesting any creditors updates on this bankruptcy issued by ITSA .

I also bring to your attention the 16 complaints about ITSA sent to the Commonwealth Ombudsman that I have posted on the internet . I originally asked for the 70 complaints but obviously this would reveal too much information. I have posted these on the internet for your convenience( and the rest of the world's)

I now bring to your attention the following statement you made......................

Although I have decided that disclosure would be, on balance , be  contrary to public interest, as evidence by your various blog sites which contain frequent offensive language and depictions as well as gross misinterpretations- clearly shows you have little or no regard for the privacy or individuals and provides  evidence  that disclosure would be contrary to  public interest. There is a substantial risk in my view that should documents containing the personal information of an individual be provide to you, you would use those documents inappropriately to cause offence and /or embarrassment to those individuals, or to make  unsubstantial allegations against ITSA or private sector trustees..

There can be no public benefit in this , and indeed potential public harm as well  harm to individuals concerned"

….....................................................

As this has obviously brought distress to Senior Management at ITSA and I am not aware that I have posted any “UNSUBSTANTIATED ALLEGATION or misinterpretations” about ITSA , should you strongly consider anything I have written to be false please bring this to my attention.

Thank you

Fiona Brown

.This is the FOI received on the 24th January 2013 from ITSA