Insolvency & Trustee Service Australia’s PPS Australia ... · ITSA is a dynamic organisation that...
Transcript of Insolvency & Trustee Service Australia’s PPS Australia ... · ITSA is a dynamic organisation that...
Gavin McCosker, Chief Operating Officer
Insolvency & Trustee Service Australia
Gavin McCosker, Chief Operating OfficerGavin McCosker, Chief
Australia’s PPS journey and ITSA’s registry innovations
Our vision
ITSA is a dynamic organisation that facilitates improved and equitable financial outcomes for consumers, business and the community, through excellence in service delivery
What we do
• Trustee Services
• Debt Agreements / Personal Insolvency Agreements
• Regulation & Enforcement
• Proceeds of Crime
• Personal Property Securities Register
Proceeds of Crime
Proceeds of Crime
Proceeds of Crime
Proceeds of Crime
Proceeds of Crime
The Australian Personal Property Securities Register
Significant micro-economic reform
• Personal Property Securities Act 2009• Commenced January 2012 • New national online register
– available 24 / 7• Fees determined on cost
recovery basis • Access
- Business to Government (B2G) / Web User Interface
- SPG Workbench
Where we’ve come from – PPS lawsLiens On Crops Of Sugar Cane Act 1931 (Qld) Road Traffic Act 1974 (WA) Confiscation Act 1997 (Vic) Conversion Act 1921 (Cth)
Major Sports Facilities Act 2001 (Qld) Goods Act 1958 (Vic) Disposal Of Uncollected Goods Act 1961 (Vic) Loans Securities Act 1919 (Cth)
Circuit Layouts Act 1989 (Cth) Goods Securities Act 1986 (SA) Domestic (Refal and Nuisance) Animals Act 1994 (Vic) Public Trustee Act 1985 (ACT)
Manufactured Homes (Residential Parks) Act 2003 (Qld) Sale Of Goods Act 1895 (WA) Co-operatives Act 1992 (NSW) Road Traffic Act (NT)
Motor Vehicles and Boats Securities Act 1986 Settlement Agents Act 1981 (WA) Co-operatives Housing and Starr-Bowkett
Societies Act 1998 (NSW) Uncollected Goods Act 2004 (NT)
Partnership Act 1891 (Qld) Trustees Act 1962 (WA) Forestry Rights Act 1996 (Vic) Offshore Petroleum Act 2006 (Cth)Police Powers and Responsibilities Act 2000 (Qld) Warehousemans’ Liens Act 1952 (WA) Legal Practitioners Act 1968 (SA) Shipping Registration Act 1981 (Cth)
Property Agents and Motor Dealers Act 2000 (Qld) Bills Of Sale Act 1900 (Tas) Finance Brokers Control Act 1975 (WA) Warehouseman's Liens Regulations 2007
Property Law Act 1974 (Qld) Building Act 2000 (Tas) Fines, Penalties and Infringement Notices Chattel Securities Regulations 1997Sale Of Goods Act 1896 (Qld) Consumer Credit (Tasmania) Act 1996 Partnership Act 1891 (Tas) Copyrights Act 1968 (Cth)Second-Hand Dealers and Pawnbrokers Act 2003 (Qld) Cooperatives Act 1999 (Tas) Penalty Unites and Other Penalties Act
1987 Co-operatives Regulations 1997
Storage Liens Act 1973 (Qld) Disposal Of Uncollected Goods Goods Act 1968 (Tas) Motor Car Traders Act 1986 (Vic) Instruments (Fees) Regulations
Transport Operations (Road Use Management) Act 1995 (Qld) Factors Act 1891 (Tas) Partnership Act 1958 (Vic) Bills of Sale (Fees) Regulations 1995
Bills Of Sale Act 1886 (SA) Homes Act 1935 (Tas) Property Law Act 1958 (Vic) Bills of Sale (Requirements as to Instruments) Regulations 1995
Consumer Credit (South Australia) Act 1995 (SA) Motor Vehicle Securities Act 1984 (Tas) Road Safety Act 1986 (Vic) Co-operatives Regulations 1997
Co-operatives Act 1997 (SA) Building and Construction Industry Security of Payments Act 1999 (NSW)
Sale of Goods (Vienna Convention) Act 1987 (Vic) Public Trustee Act 1941 (WA)
Criminal Law (Clamping, Impounding and Forteiture of Vehicles) Act 2002 (Vic) Payments Act 1999 (NSW) Second-Hand Dealers and Pawnbrokers
Act 1989 (Vic)Rights in Water and Irrigation act 1914(WA)
Natural Resources Management (Water Management and Other Matters) Amendment Act 2007 (SA)
Tribunal Act 1998 (Vic) Transport Act 1983 (Vic) Goods Securities Regulations 1997
Partnership Act 1891 (SA) Warehousemens’ Liens Act 1958 (Vic)
Trustee Act 1958 (Vic)
Second-Hand Vehicle Dealers Act 1995 (SA) Agricultural Chemicals Distribution Patents Act 1990 (Cth)
Designs Act 2003 (Cth) Sale Of Goods Act 1972 (NT)
South Australian Meat Corporation Act 1936 (SA) Credit Act 1984 (NSW) Victorian Civil and Administration Cooperatives Regulations 2003
Stock Mortgages And Wool Liens Act 1924 (SA) Consumer Credit (New South Wales) Act 1995 (NSW)
Control Act 1966 (Qld) Co-operatives Regulations and Admiralty Act 1988 (Cth)
Unclaimed Goods Act 1987 (SA) Duties Act 2000 (Vic) Credit Act 1985 (ACT) Trade Marks Act 2995 (Cth)
Plant Breeders’ Rights Act 1994 (Cth) Fair Trading Act 1999 (Vic) Legal Aid Commission Act 1979 (NSW)
Air Navigation Act 1920 (Cth)
Workers’ Liens Act 1893 (SA) Fisheries Act 1995 (Vic) Mining Act 1992 (NSW) Traffic Act (NT)Commercial Arbitration Act 1984 (Vic) Conversion of Securities Adjustment
Act 1931 (NSW)Offshore Minerals Act 1999 (NSW) Commonwealth Inscribed Stock Act 1911
(Cth)Consumer Credit (Victoria) Act 1995 (Vic) Conveyancing Act 1919 (NSW) Warehousemans’ Liens Act 1935
(NSW)Mercantile Law Act 1962 (ACT)
Warehouse Liens Act 1990 (SA) Duties Act 1997 (NSW) Water Management Act 2000 (NSW) Partnership Act 1963 (ACT)Bills Of Sale Act 1899 (WA) Factors (Mercantile Agents) Act 1923
(NSW)Cooperatives Act 1997 (QLD) Fisheries Management Act 1991 (Cth)
Bulk Handling Act 1967 (WA) Partnership Act 1892 (NSW) Credit (Rural Finance) Act 1996 (Qld) Loans Securities Redemption and Consumer Affairs Act 1971 (WA) Payments Act 2002 (Vic) Pharmacy Practice Act 2006 (NSW) Offshore Minerals Act 1994 (Cth)Consumer Credit (Western Australia) Act 1996 Chattel Securities Act 1987 (Vic) Sale Of Goods Act 1896 (Tas) Warehousemen's Liens Act (NT)
Cooperative and Provident Societies Act 1903 (WA)
Pawnbrokers And Second-Hand Dealers Act 1996 (NSW)
Second-Hand Dealers and Pawnbrokers Act 1994 (Tas)
Motor Dealers Regulations
Chattel Securities Act 1987 (WA) Petroleum (Onshore) Act (NSW) Corporations Act 2001 (Cth) Taxation Administration Act 1953 (Cth)Disposal of Uncollected Goods Act 1970 (WA) Building And Construction Industry
Security Of Credit Act 1984 (Vic)Consumer Credit Act 1995 (ACT) Treasury Bills Act 1914 (Cth)
Hire Purchase Act 1959 (WA) Sale Of Goods Act 1895 (SA) Cooperatives Act 2002 (ACT) Wool International Act 1993 (Cth)Motor Vehicles Dealers Act 1973 (WA) Second-Hand Dealers and
Pawnbrokers Act 1996 (SA)Bills of Sale and Other Instruments Act 1955 (Qld)
Australian Industry Development Corporation Act 1970 (Cth)
Partnership Act 1895 (WA) Co-operatives Act 1996 (Vic) Instruments Act 1933 (ACT) Bills of Sale (Fees) Regulations 1983Pawnbrokers and Second-Hand Dealers Act 1994 (WA)
Fines Act 1996 (NSW) Hemp Fibre Industry Facilitation Act 2004 (ACT)
Registration Of Interests In Motor Vehicles And Other Goods Act 1983 (NT)
Property Law Act 1969 (WA) Impounding Act 1993 (NSW) Pawnbrokers Act 1902 (ACT)
Where we’ve come from – PPS laws
Where we’ve come from - Registers
•The Register (Chattel Securities Act 1987 (WA))•Register of Patents (Cth)•Register of Co-operative Charges (NSW)•Register of Encumbered Vehicles (REVS) (NSW)•State Offshore Mining Register (NSW)•Australian Register of Ships (Cth)•Register of Designs (Cth)•The Register (Motor Vehicle Securities Act 1984 (Tas))•Register (Bills Of Sale Act 1886 (SA))•Register of Co-operative Charges (SA)•The Register (Goods Securities Act 1986 (SA))•The Register (Liens On Fruit Act 1923 (SA))•Registry Book (Bills Of Sale Act 1899 (WA))•Register of Cooperative Charges (Tas)•Register of Trade Marks (Cth)•Register of Co-operative Charges (Vic)•Register of Cooperative Charges (ACT)•The Register (Bills Of Sale Act 1900 (Tas))•Register of Co-operative Charges (NT)•Fisheries Act (Vic)•Registrar-General to collate (Instruments Act 1933 (ACT))•Land Titles Registry and General Registration Office (NT)•Register of Charges for Co-operative housing bodies (NSW)
•Register of Plant Breeder’s Rights (Cth)•The Register (Stock, Wool And Crop Mortgages Act 1930 (Tas))•Register of legal and equitable interests in petroleum titles (NSW)•General Register of Deeds (Registration of Deeds Act 1957 (ACT))•Register under Registration of Interests in Goods Act 1986 (NSW)•Australian Register of Company Charges (Cth)•Register of Interests in Motor Vehicles and Other Goods (NT)•Register of Liens (Liens on Crops of Sugar Cane Act 1931 (Qld))•Vehicle Securities Register (Chattel Securities Act 1987 (Vic))•Register of mortgages of mineral development licences (Vic)•Register of Security Interests (Bills of Sale and Other Instruments Act 1955 (Qld))•Register of Liens on Crops, Register of Liens on Wool and Mortgages of Stock (Vic)•Register of legal and equitable interests in exploration licences, assessment leases and mining leases (NSW)•Register of Security Interests (Motor Vehicles and Boats Securities Act 1986 (Qld))•Register of authorisations (Fish Resources Management Act 1994 (WA))•General Register of Deeds (Security Interests in Goods Act 2005 (NSW))
• Increased certainty
• Increased consistency
• Reduced complexity
• Reduced costs
Where we’ve come from – PPS laws
• Treat like transactions alike
• Single Commonwealth PPS Act
• Single national online PPS register
Functional approach to reform
Repeal Commonwealth, State & Territory PPS laws
Closure of Commonwealth, State and Territory PPS registers
The journey to Registry Commencement Time (RCT)
• False starts and delays
• Data migration
• Performance degradation at RCT
How has Community adapted to the change?
• Change in terminology
• Change in business process
Technology
PPSR
External Interfaces
CRM
ARFMIS
OneStop
FX
Secured Party
Grantor
Client
CollateralPayment
Party GroupBelongs to
Has interest in
Rights provided by
Creates
Makes
Registrationidentifies
Included in
ExternalRegistrations
SearchParty Groups
Reporting
InternalAccount Administration
ReconciliationAd Hoc Reporting
Remove RegistrationsAccounts Receivable
ASIC ABR BPoint IPAustNevdis
NSC Information
Accounts
Receipts
CorrespondenceExternal UsersL&GNSC
Registrations
Searchcertificates
Account Groups
Secured Party Groups
Reports
Technology cont.
• Consistent services regardless of channel• Web users• Business to Government interface (B2G)• Order of payment processing (particularly important
to consider for B2G)• SPG Workbench
• Single threading v multi threading considerations for B2G
• Business rules for polling• Validation at point of entry• Useful error messaging
Stakeholder engagement and consultation
PPS Stakeholder Forum• Members are peak industry associations who provide input on;
policy, pricing, operation of the PPS system in the economy and benefits realisation.
PPS Operations Forum•Members are nominees of peak industry associations. This forum focuses on operational issues such as, usage of the register, register enhancements, prioritisation and information products.
PPS Technical User Group•This forum is currently provides an opportunity for large users to collaborate with ITSA on PPSR technical issues such as:
•Register performance and functionality•Register support processes•Future changes and releases
Customer guidance and support
• Tutorials
• Fact sheets
• Registrar Practice Statements
• Information Sheets
• National Service Centre
National Service Centre
0
2000
4000
6000
8000
10000
12000
14000
Num
ber
of e
nqui
ries
in r
elat
ion
to P
PSR
Month
Assistance provided by National Service Centre in relation to PPSR by type of enquiry
PPS Systems
PPS General
PPSR Searches
Emails
Searches and registrations in first year of operation
5,500,000
6,000,000
6,500,000
7,000,000
7,500,000
Total searches in first year of operation Current registrations as at 29 January 2013
Num
ber
PPSR searches and registrations in the first year of operation
Number of current registrations
6,806,912
6,943,158
7,109,397
7,254,332
6,500,000
6,600,000
6,700,000
6,800,000
6,900,000
7,000,000
7,100,000
7,200,000
7,300,000
As at 30 June 2012 As at 30 September 2012 As at 31 December 2012 As at 31 March 2013
Cur
rent
PPS
R r
egis
trat
ions
Number of current registrations on the PPSR
Activity regarding PPSR registrations
2,712,994
6,076,932
1,549,610
0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
Transactions to create registrations Transactions to amend registrations Transactions to discharge or remove registrations
Num
ber
of P
PSR
reg
istr
atio
ns
Activity
Activity regarding PPSR registrations RCT to 29 January 2013
PPSR registrations by collateral class
56,895 4,005
1,845,900
172,692 0 0
3,882,611
1,065,557
41,4600
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
4,500,000
Agriculture AircraftAll
present and after
acquired
All present
and after
acquired property except
Financial property
Intangible property
Motor vehicle Other goods Watercraft
Num
ber
of P
PSR
reg
istr
atio
ns
Collateral class listed in registration
Number of PPSR registrations by collateral classas at 29 Jan 2013
Key Statistics – first year of operation
• 6,308,093 searches
• 2,712,994 new registrations (including transitional)
• 65% transactions through B2G (bulk filers)
• 0.0005% (14 of 2,712,994) completed manually in first 12 months
• 3.6 searches per new (non-transitional) registration
Some observations
Some observations
• Pre-implementation - data
migration
• Test environments
• Transition period
• Vendor management
• Stakeholder engagement
• Public awareness
PPSR - what’s ahead
PPSR - what’s ahead
• Benefits realisation review
• Revision of Cost Recovery
Impact Statement (CRIS)
• Refinement of the PPSR
application
• Review of the PPS Act (Jan
2015)
What’s in store?
A new name, growing capability
• Name and identity needs to reflect our functions and services – and take us forward
• Stakeholder and staff engagement
• New website and intranet
• Improved statistical releases
• Products in other languages
• More active and responsive media engagement
2009/10 2010/11 2011/12
Bankruptcies 27,507 23,102 22,163
Debt agreements 8,428 8,054 8,951
Personal insolvency agreements 578 375 376
TOTAL 36,513 31,531 31,490
Personal insolvency activity in Australia
Personal insolvency v population
• Add graphic that shows pop’n growth and insolvency growth• Add causes of insolvency to notes
97898230
9113
13896
1773315644
14839 14671
17876
22385
25184
27334
2455225565
278572759226285
25446
27329
3197132865
36487 36513
3153131490
0
5000000
10000000
15000000
20000000
25000000
0
5000
10000
15000
20000
25000
30000
35000
40000
Popu
latio
n
Inso
lven
cies
Financial year
Personal insolvency v population
• Average annual growth rate in personal insolvency over past 35 years = 7.6%
• Average annual growth rate in bankruptcies over past 35 years = 6.8%
• The average annual growth rate for both bankruptcies and total personal insolvency numbers exceed the average annual growth rate of the Australian population (1.3%) over this period (35 years)
• To put it into perspective, the ratio of debtors to the population has fallen from 1 debtor to 5,824 people to 1 debtor to 720 people in the general population over the last 35 years (i.e. an 709% increase in the ratio of debtors to the population over the 35 years up to and including 2011/12).
Where we are now…
Where we are now…
• Multiple systems with data bridges
• Multiple client interactions
• Business processes / case progress not readily transparent
• Service availability relies on staff assistance
• High cost to ITSA and the client
• Not aligned with Government direction
Drivers for change
Drivers for change• New service• Increasing workload• Constrained resources• Risk mitigation (manual
processes, individual case managers)• Business continuity • Government security and anti-fraud
requirements• Advances in technology• Whole of government approach and
public preference for interacting on line
What we’re doing to get there…
What we’re doing to get there…• Mapping our services
• Workforce planning strategy
• Detailed standard operating
procedures
• Engaging our staff (what’s in it for
me?)
• Engaging our clients and
stakeholders
• Training our staff so they can train
others
ITSA Business Transformation
ITSA Business Transformation
Moving to online insolvency services:• client-centric delivery of services• services more accessible, transparent
and responsive• more consistent outcomes for clients• better tools for our staff• more effective workflow management• creation of centres of excellence• more value adding / less manual
processing
Strategic Plan
Business Model – value propositions
Services (Future Management of Service)
Financial management, communication, reporting, human resource management, legal services, administration (site support property security etc)
Business Continuity Plan and Disaster Recovery
Operational and Program and Project plans
Technology Capability
InformationManagement Capability People Capability
Enterprise Architecture
Technology PlanTechnology Plan
People CapabilityTechnology Capability
Workforce Plan Job DesignOrganisation
Design
Client First Service Delivery and Channel Management Strategy ICT Strategic Plan
Channel Transition Plans
Channel Transition PlansChannel Transition Plans Technology Plan
Functions
Strategic Plan
ITSA value proposition roadmap
Arch
itect
ure
Auth
entic
atio
n
On-
line
lodg
emen
t
Service changes• No cheques or cash (NOW)
• Single use forms (NOW) – data harvesting (2013)
• Standard Operating Procedures documented (QA model being deployed) (NOW – ramping up)
• Reporting from central data source (data warehouse and BI tool) (for 30 June 2013 annual report to parliament)
Stage one – Online Service for Bankruptcy Notices
Fast take-up of online service:Two weeks post launch - 80% onlineSix weeks post launch – 90% onlineNow – 99% online
Client Experience - Processing time: Reduced from three days to 25 minutes
A final thought• Role in reducing the regulatory reporting
burden on business
• Harmonisation of data definitions• What role can IACA play?
More information
www.itsa.gov.au
www.ppsr.gov.au
Questions / comments?
Gavin McCosker, Chief Operating Officer, Insolvency & Trustee Service Australia