Frequently Asked Questions

National Personal Insolvency Index (NPII) – What Is It?

Firstly, we would like to welcome you to our blog.

Whether you are looking for more information about bankruptcy or contemplating bankruptcy our aim is to provide you with information that is easy to understand and to assist you to navigate your solution for your financial circumstances.

In this blog, we are going to discuss what the National Personal Insolvency Index (NPII) is and how it works.

 

Short Answer:

The National Personal Insolvency Index is a record of personal insolvencies that have occurred in Australia since 1928. It is maintained by the Australian Financial Security Authority.

 

Answer:

Once you become bankrupt and are assigned a bankruptcy number, your details are automatically entered on the NPII. Details shown on the NPII are:

  1. Your name, date of birth, residential address and your occupation that you list on your Bankruptcy Form;
  2. Any previous names and aliases used by you;
  3. The type of bankruptcy (whether debtor’s petition or creditor’s petition) and your bankruptcy number given to you by the Australian Financial and Security Authority (this is the government department that oversees bankruptcies in Australia);
  4. The name and contact details of your trustee; and
  5. Your date of bankruptcy, bankruptcy number and bankruptcy status (whether you are currently in bankruptcy, your bankruptcy has been annulled, or you have been discharged from bankruptcy).
  6. Where a creditor makes you bankrupt through the Court, that creditors contact details and the Solicitor who acted for the creditor will also be shown.

 

QUICK TIP: If you change your address whilst bankrupt, the NPII is not updated with your new address. Your address when you entered bankruptcy, remains the address on record.

The NPII also shows details of:

  1. Persons who make a Debt Agreement Proposal and it is accepted for processing.
  2. Persons who enter into a Debt Agreement.
  3. Persons who appoint a Controlling Trustee to propose a Personal Insolvency Agreement:
  4. Persons who enter into a Personal Insolvency Agreement;
  5. Any administration orders, including for bankrupt deceased estates; and
  6. Any orders made for control of property prior to entering bankruptcy.

 

QUICK TIP: If your bankruptcy is annulled by entering into a Scheme under Part 4 of the Bankruptcy Act, details of the Part 4 Scheme are not shown on the NPII.

 

Can I have my name and information removed from the NPII?

The short answer is no, but you can apply for your address and contact information to be suppressed from appearing on the NPII. In order for this to happen, there needs to be exceptional circumstances and it is judged on a case-by-case basis.

 

QUICK TIP: if you do not want your address published on the NPII, you need to advise us when you are enquiring about bankruptcy. Ideally, the application for your address not to be shown should be lodged with your Bankruptcy Form, that way your address never appears on the NPII if your application is approved.

 

QUICK TIP: The form to be completed to request your address not be shown on the NPII is ‘Request for Information To Not Be Shown On The National Personal Insolvency Index (NPII)’

The only reason that AFSA will permit your address to be supressed from appearing on the register is if you have serious concerns about your safety.

To assist you in making this application, it is common practice that the following documents to be provided with your application:

  1. A copy of an domestic violence order, apprehended domestic violence order or similar, depending on which State or Territory you live in;
  2. A copy of the police report which sets out the nature or violence and threat to your safety; and
  3. A report from a social worker, medical practitioner, psychologist, psychiatrist or other relevant practitioner who can provide commentary on your circumstances.

If you do not have these types of documents let us know and we will discuss your circumstances with you. We have assisted people in this situation, who have been concerned about their safety, to have their address suppressed. The Australian Financial Security Authority assess each case on its merits.

In the extremely rare circumstance that a person is placed in witness protection or the person’s identity may need to be supressed, the Police can apply for none of that persons details to be displayed on the NPII on the basis that the information could identify the person. If this applies to you, we highly recommend that you talk to the Police regarding your circumstances, before applying for bankruptcy.

What if my information is wrong on the NPII?

If your information on the the NPII is incorrect, misleading or there has been an error in transferring your information from your Bankruptcy Form onto the NPII you can apply to the Australian Financial Security Authority for the NPII to be corrected. To do this you complete the form ‘Request for Information to Not Be on The National Personal Insolvency Index (NPII)’. That form has a box to tick, requesting that your current information on the NPII be corrected on the ground that it is inaccurate or misleading. You will need to attach documentation to support your request.

If this applies to you, we recommend you also keep the trustee of your bankruptcy informed as the Australian Financial Security Authority may contact your trustee to confirm your advices prior to making changes to the NPII.

Will my details ever be removed from the NPII?

Typically speaking no, your details will remain on the NPII forever.

However the status of your bankruptcy will be updated to reflect where you are on your timeline, for instance, if you are currently in bankruptcy or you have been discharged from bankruptcy or your bankruptcy has been annulled.

There are limited circumstances where details may be removed from the NPII:

  1. The Federal Court of Australia or the Federal Circuit Court of Australia directs the removal of a particular entry from the NPII;
  2. Information regarding Debt Agreements and Debt Agreement proposals are removed from the NPII after a prescribed length of time (typically 5 years);
  3. If the entry was made as a result of fraudulent conduct; and/or
  4. An administrative oversight was made.

If any of these scenarios apply to you, let us know and we can provide you with more specific information as to the next steps for you.

 

What about when I find the capacity to pay out all my debts and I can get out of bankruptcy early?

If you are able to pay all your debts and costs of bankruptcy in full, your trustee will end your bankruptcy early. This is called annulling your bankruptcy (no longer exists).

In this situation, your name will still remain on the NPII but your bankruptcy will be shown to have been annulled (no longer exist).

 

Questions?

We trust this article has been of assistance. We are here to help you. If you have any questions please give us a call on 1300 794 492 or email: hello@understandingbankruptcy.com.au

 

Further Reading

For information on bankruptcy and how it works we recommend our article: What is Bankruptcy? How Does it Work? Which can be accessed here.