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Australian Financial Security Authority – Chief Executive

Information about AFSA

AFSA is the government agency responsible for the administration and regulation of the personal insolvency system in Australia. AFSA is also responsible for maintaining the Personal Property Securities Register (PPSR) established under the Personal Property Securities Act 2009 (PPS Act). In carrying out these functions, AFSA supports various statutory office holders and bodies - including the Inspector‑General in Bankruptcy, the Official Receivers, the Official Trustee in Bankruptcy and the Registrar of Personal Property Securities.

AFSA's purpose is to provide improved and equitable financial outcomes for consumers, businesses and the community through the application of bankruptcy and personal property securities laws, regulation of personal insolvency practitioners, and trustee services.

AFSA operates the bankruptcy registry, where debtors petitions are lodged, debt agreement proposals are processed and public records on insolvency are maintained, and acts as a trustee in bankruptcy (through the Official Trustee). AFSA provides information about bankruptcy and its alternatives to debtors in financial distress.

AFSA also operates the PPSR, a national register of security interests in personal property.

Further information about AFSA can be obtained at the AFSA website.

The Chief Executive

The Chief Executive heads AFSA. The Chief Executive is supported by the Chief Operating Officer and six National Managers of AFSA's business divisions/teams. Together they form AFSA's National Management Board, which also has one external member.

The Chief Executive is a statutory office holder appointed by the Minister responsible for the agency pursuant to section 67 of the Public Service Act 1999 (Public Service Act).

As agency head, the Chief Executive has powers equivalent to those of the Secretary of a Department in the Australian Public Service. The agency head is accountable to the Government, the Parliament and the public in the same way as the Secretary of a Department.

The Chief Executive has management and accountability responsibilities under the Public Service Act and the Public Governance, Performance and Accountability Act 2013, which include:

  • directing, coordinating and controlling the operations of AFSA, including determinations of priorities, allocation of work and resources
  • undertaking or personally supervising the more important matters which fall within the scope of AFSA's operations and advising the Minister, as required, on these matters
  • representing AFSA in relation to its functional responsibilities.

The Chief Executive will also be appointed as Inspector-General in Bankruptcy and Registrar of Personal Property Securities.

Inspector-General in Bankruptcy

The primary statutory functions of the Inspector-General in Bankruptcy are set out in sections 11 and 12 of the Bankruptcy Act 1966 (Bankruptcy Act). 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 Bankruptcy Act.

Registrar of Personal Property Securities

The Registrar maintains the PPSR in compliance with the PPS Act and associated Regulations. This includes responsibility for ensuring that the PPSR is operational and accessible. The Registrar has various powers in relation to the PPSR such as refusing access to the PPSR or suspending its operation, in certain circumstances; removing or reinstating data on the PPSR; and conducting investigations into matters for the purpose of performing his or her functions.

Eligibility

Applicants must have, or be able to hold, a security clearance. To be eligible for an Australian Government security clearance, you must be an Australian citizen and have a checkable background.

Selection criteria

In addition to meeting the eligibility requirements set out above, applicants will need to be able to meet the following selection criteria consistent with the APSC Merit and Transparency Guidelines for APS statutory agency head appointments:

  • demonstrates high level leadership and vision
      • sets a strategic vision and inspires others to achieve this
      • is innovative in dealing with issues
      • articulates a clear direction for their organisation
    • manages large and/or complex operations
      • achieves results within the context of organisational and/or Government policy
      • strong people management skills
      • strong financial management, ensuring efficient, effective and ethical use of resources
      • understanding of and commitment to quality organisational governance
    • works with others to meet objectives
      • operates collaboratively with others to meet organisational objectives
      • cultivates productive relationships
      • listens to people and values different perspectives
    • high level of judgement
    • demonstrates a high standard of professional and personal integrity and capacity to promote these in an organisation.

Applicants will need to:

  • be a highly motivated person of high standing in the legal or accounting professions, academia, or government
  • have a detailed knowledge and understanding of Australian personal insolvency policy and legislation, or the ability to acquire such knowledge and understanding quickly, to effectively perform the statutory functions of Inspector-General in Bankruptcy
  • have a knowledge and understanding of personal property securities policy and legislation or the ability to acquire such knowledge and understanding quickly
  • understand AFSA's role in supporting community and financial outcomes for consumers and business
  • have a demonstrated ability to undertake or supervise the more important matters which fall within the scope of AFSA's responsibilities and advise the Minister and senior management as required, on these matters
  • liaise with the Attorney-General's Department in the development of policy proposals to ensure personal insolvency and personal property securities laws remain relevant and up to date
  • have a demonstrated ability to drive innovation and reform, to ensure AFSA can adapt to changing regulatory and service demands.

Terms and conditions

Chief Executive

The appointment and remuneration of the Chief Executive is determined under subsections 67(1) and 68(1) of the Public Service Act. The Chief Executive is appointed by the Minister.

Inspector-General in Bankruptcy

Section 16 of the Bankruptcy Act provides for the appointment of the Inspector-General by the Minister.

Registrar of Personal Property Securities

Section 194 of the PPS Act provides for the appointment of the Registrar by the Minister with the Registrar being engaged under the Public Service Act. The office of the Registrar is not a public office for the purposes of the Remuneration Tribunal Act 1973.

Remuneration and allowances

Remuneration and allowances for the position are set by the Remuneration Tribunal. The office holder is paid as the Chief Executive. The Remuneration Tribunal (Remuneration and Allowances for holders of Full-time Public Office), Determination 2020 can be viewed at the Remuneration Tribunal website.

How to apply

Applications must include:

  • an expression of interest, of no more than 4 pages, including a statement of claims against the eligibility and selection criteria as outlined
  • a comprehensive resume including full particulars of qualifications, experience and expertise
  • the names and contact details of at least two referees who have direct and relevant experience of the applicant's work.

Applications should be emailed to appointments@ag.gov.au by 5:00pm (AEDT) on 15 October 2021.

Contact

Enquiries about the position or applications can be emailed to appointments@ag.gov.au.

Assessment process

Applicants will be initially assessed on their written application. Shortlisted applicants will be further assessed at interview.