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Department of Finance, Services and Innovation / Statutory Appointments - SCM2541

Scheme ID SCM2541
Starts 11-Mar-2016
Ends 15-Mar-2022
RFT Publish Date 11-Mar-2016
RFT Close Date & Time
15-Mar-2022 5:00pm
ABN Required Yes
 
RFT Type Scheme Invitation
Agency Better Regulation
Category Management and Business Professionals and Administrative Services

Contact Person
Jennifer Christensen
Phone: 02 9895 2034
jennifer.christensen@finance.nsw.gov.au

Scheme Details

The Prequalification Scheme (the Scheme) for Statutory Appointments under legislation administered by the Minister for Innovation and Better Regulation is focused on achieving a competitive and experienced panel of providers to provide the services required.

The Scheme offers a streamlined process for making, managing and concluding statutory appointments. This gives NSW Fair Trading a competitive pool of prequalified service providers to undertake the statutory appointment function.

The Scheme covers the following categories under relevant legislation:

  • Accounts Examiner

  • Manager

  • Receiver

Initially the Scheme will seek prequalification of Service Providers for appointments under the Property Stock and Business Agents Act 2002 (PSBA Act) and the Conveyancers Licensing Act 2003 (CL Act).

The scheme sets out the process for applying for, and prequalifying for, statutory appointments, pursuant to legislation administered by NSW Fair Trading. The scheme will initially seek prequalification of Service Providers for appointments as an Account Examiner, Manager, and/or Receiver under the Property Stock and Business Agents Act 2002 and Manager, and/or Receiver under the Conveyancers Licensing Act 2003.

Start application

The information displayed below is a read-only version of the application process. Please review and, when ready to apply for the scheme, click the Start application button above.

Vendor Instruction

Vendors are required answer all the questions in this online application and provide the information requested.

If you don’t supply the information we need, we will not be able to assess your application properly or quickly.

*It is recommended that you submit the application from a generic/ proxy email address (such as tenders@###.com) that the relevant people in your organisation will have access to. Tendering opportunities will typically be sent to the email address that submitted the application.

Suppliers on the Supplier List are approved to work in the following services:

- Tier 1 valued up to $150,000.

- Tier 2 valued up to $300,000.

- Tier 3 valued up to $500,000.

Applications must be supported with:

  • organisational information;

  • relevant information on experience, capacity and capability;

  • schedule of fees;

  • insurance certificates of currency:

           - $10M Professional Indemnity (mandatory)
           - $10M Public Liability (mandatory)
           - Workers’ Compensation (as required by Law)

  • agreement to Scheme Rules, which includes the requirement that all customer contracts will comply with the Short-form Statutory Appointment Contract terms and conditions; and

    confirmation that the Applicant is not subject to insolvency, an ICAC inquiry or legal proceedings.


Prequalification Types

Preliminary assessment, Tier 1, Tier 2, and Tier 3

You can use this Prequalification Scheme to become eligible to undertake works of the following values:

Tier 1: valued up to $150,000.

Tier 2: valued up to $300,000.

Tier 3: valued up to $500,000.


Documents

Terms and Conditions

Capabilities

The Applicant must identify its areas of substantial expertise by nominating the categories in which it is seeking prequalification.

Conveyancers Licensing Act 2003 - Manager
  • A1. Preliminary Assessment - Manager
    Manager means an appropriately qualified person appointed under Part 9, Division 2 of the PSBA Act. There are two tiered categories for which Managers can be appointed depending on the total of fees and costs expected. Preliminary Assessment Period (20 Business Days) – Costs limited to $20,000.00 (Incl. GST) for all Tier Categories
    • Take control, and supervise the conduct, of the Licensee's conveyancing business, including all employees and operational and trust accounts in accordance with the requirements of the CL Act;
    • Notify the Principal of the employment of any disqualified person employed by the Licensee's conveyancing business and terminate their employment;
    • Become sole signatory to operational and trust accounts;
    • Conduct a preliminary review of the trust accounts of the Licensee's conveyancing business (no reconstruction of books (forensic or otherwise) required to be undertaken);
    • Conduct a reconciliation of the trust accounts of the Licensee's conveyancing business;
    • Notify the Principal of any identified legislative or regulatory breaches;
    • Prepare an Preliminary Assessment Report within 20 Business Days of entering into management of the Licensee's conveyancing business to provide a summary analysis of the affairs of the Licensee's conveyancing business in the following format:
    • Executive summary;
    • Estimated trust account deficiency (Failures to Account);
    • Proposed rectification of trust account deficiencies;
    • Estimated viability prospects of the Licensee's conveyancing business;
    • Overview of Licensee's conduct, including conduct of licensee-in-charge:
    • Overview of the Licensee's conveyancing business, including current liabilities of the business; and
    • Recommended future actions.
    *Please upload evidence of your appointment under Part 9, Division 2 of the PSBA Act to address this capability.

  • A2. Tier 1 Category - Manager
    Tier 1 Category (in addition to Preliminary Assessment Period responsibilities) – Fees and Costs up to $150,000.00 (Incl. GST)
    • Take possession of all computers and operating systems associated with the Licensee's conveyancing business from the premises;
    • Obtain electronic copy of all operating systems and trust account records by forensic means;
    • Obtain the consent of current clients of the Licensee's conveyancing business to carry out conveyancing work on their behalf;
    • Undertake moderate level fund traces for monies that have been disbursed from the Licensee's trust and operating accounts to determine nature of transactions;
    • Prepare monthly statements and compile records at request of the Principal (and within 21 days after the end of each month) on work undertaken in relation to the conduct of the Licensee's conveyancing business with a costs breakdown of that work, including trial balance statements and a summary of total trust money, with records to include
    • Trust account receipt books;
    • Deposit books showing account deposits or an electronic equivalent;
    • Trust accounts cash books, other written records or electronic records of deposits and payments;
    • Chronological records of changes to information such as:
      - Client name and address
      - Matter number and description
      - Client and trust account numbers
    • Maintain employment registers and other records in viewable form and in accordance with the legislation; as well as produce or make these records available for inspection on request by an authorised officer;
    • Notify the Principal of any conflicts of interest or beneficial interests held by employees of the Licensee's conveyancing business;
    • Monitor the conduct of the business during the management to ensure compliance with legislation, as well as any guidelines issued by the Principal regarding the proper supervision of the business;
    • Assist clients of the Licensee's business with regard to information about making a claim on the fund for missing monies in respect of conveyances;
    • Liaise with Property Services Compensation Fund staff via the Fair Trading Investigator to assist those staff with the recovery of compensation money paid, from the sale of the Licensee's conveyancing business;
    • Take steps (with the written approval of the Principal) to wind up / sell the Licensee's conveyancing business (but not the business's shares);
    • This should be undertaken with consideration given to any conveyances or binding agreements already entered;
    • Dispose of, or otherwise deal with any property in relation to the Licensee's conveyancing business;
    • Obtain at least three quotes from licensed conveyancers (including licensed corporations) or Australian Legal Practitioners for the purchase of the Licensee's conveyancing business;
    • Independently confirm the commerciality of the proposed sale price;
    • Undertake vetting process of potential licenced conveyancers or Australian Legal Practitioners that may take over the functions of the conveyancing business, to the satisfaction of the Principal;
    • Exercise any right in the nature of a lien over property held by the Manager on behalf of the clients of the Licensee's conveyancing business;
    • Forward written authorities and orders to financial institutions as is reasonably required;
    • Prepare a Final Report that may be used as an Expert's Report in NSW District Court and NSW Supreme Court legal proceedings, and/or any civil or administrative proceedings, which includes:
    • Executive summary
    • Total trust account deficiency (Failures to Account)
    • Rectification strategies undertaken to fix trust deficiencies
    • Overview of Licensee's conduct, including conduct of licensee-in-charge
    • Any breaches of the CLA
    • Overview of the Licensee's conveyancing business
    • Receipts and payments
    • Give Expert evidence in subsequent Court proceedings as may be required by NSW Fair Trading.


  • A3. Tier 2 Category - Manager
    Tier 2 Category (in addition to Preliminary Assessment Period and Tier 1 responsibilities) – Fees and Costs up to $300,000.00 (Incl. GST)
    • Required to undertake extensive fund traces for monies that have been disbursed from the Licensee's trust and operating accounts to determine nature of transactions;
    • Prepare statements at request of the Principal on work undertaken with a costs breakdown of that work;
    • Carry out detailed partial reconstruction of trust accounts of the Licensee's conveyancing business up to 2 year period;
    • Conduct enquiries / gather evidence and confirm / verify claims information and amounts payable for up to 50 claims;
    • Independently confirm commerciality of any proposed sale price for Licensee's conveyancing business;
    • Undertake vetting process of potential licenced conveyancers or Australian Legal Practitioners that may take over the functions of the conveyancing business, to the satisfaction of the Principal.
    • Undertake general marketing campaign in connection with the sale of the Licensee's conveyancing business;
    • Notify the Principal of any unclaimed money and deal with unclaimed trust money in accordance with Division 4 of the CL Act.


  • A4. Tier 3 Category - Manager
    Tier 3 Category (in addition to Preliminary Assessment Period, Tier 1, and Tier 2 responsibilities) – Fees and Costs up to $500,000.00 (Incl. GST)
    • Be capable and ready for potential Appointment as a receiver to the Licensee's conveyancing business (fees for both Appointments to remain under $500,000.00 cap);
    • If a receiver is appointed to the Licensee's conveyancing business, comply with any lawful direction of the receiver;
    • Carry out complete and highly detailed reconstruction of trust and operating accounts of the Licensee's conveyancing business up to 2 year period;
    • Conduct enquiries and verify and confirm claims data/information/amounts payable for up to 150 claims or more;
    • Report to the Principal at any such time as directed by the Principal and in accordance with the information requested and directions given by the Principal;
    • If Licensee's conveyancing business is to be sold, undertake extensive marketing campaign in connection with the sale of the business;
    • Dispose of, or otherwise deal with property in relation to the business.
    • Undertake a stringent vetting process of potential licenced conveyancers or Australian Legal Practitioners that may take over the functions of the conveyancing business, to the satisfaction of the Principal.


Conveyancers Licensing Act 2003 - Receiver
  • A5. Preliminary Assessment - Receiver
    Receiver means an appropriately qualified Appointee appointed by the NSW South Wales Supreme Court under s.138 of the PSBA Act or s.105 of the CL Act. There are two tiered categories for which Receivers can be appointed depending on the total of fees and costs expected.
    Note: Before undertaking this type of Appointment pursuant to the Prequalification Scheme, the Service Provider must ensure it is capable of undertaking, and agree to undertake, the following actions at no cost to the Principal:
    • Appearing before the NSW Supreme Court
    • Following the directions of the Court
    • Providing all required evidence/exhibits to the Court
    • File an affidavit and consent form in connection with the Appointment with the Court to the satisfaction of the Court
    • Seek guidance from the Court where required.

    • *Please upload evidence of your appointment by the NSW South Wales Supreme Court under s.138 of the PSBA Act or s.105 of the CL Act to address this capability. Where the Receiver has not previously been appointed as the Manager: Preliminary Assessment Period (20 Business Days) – Costs limited to $20,000.00 (Incl. GST) of any single Tier Category Allocation
    • Conduct a preliminary review of the accounts (Trust and operating accounts) of the Licensee's business, and take an inventory of the assets of the Licensee's business
    • Conduct a reconciliation of the trust accounts;
    • Compare available records of the Licensee with the records of the financial institution used by the Licensee;
    • No reconstruction of books/records is required to be undertaken.
    • Prepare a Preliminary Assessment Report within 20 Business Days of examining the accounts of the Licensee's business to provide a summary analysis of those accounts in the following format:
    • Executive summary;
    • Estimated trust account deficiency;
    • Estimated viability prospects of the Licensee's business (including current liabilities of the business):
    • Recommended future actions.


  • A6. Tier 1 Category - Receiver
    Tier 1 Category (in addition to Preliminary Assessment Period responsibilities) – Fees and Costs up to $150,000.00 (Incl. GST)
    • Take possession of receivable property of the Licensee (and/or, as appointed by the NSW Supreme Court, take possession of receivable property of the Licensee's associate;
    • Enter premises, pursuant to an order of the NSW Supreme Court under section 109(4)(a) of the CL Act (either by themselves or accompanied by a police officer) and to search for, seize and remove any property that appears to be receivable property;
    • Serve on an authorised deposit-taking institution, which may hold an account in which receivable property may be held, a stop order prohibiting operations on the account by any person other than the receiver or a person authorised by the receiver;
    • Undertake Court proceedings for the recovery of receivable property, which has been taken by, or paid or transferred to, a person unlawfully or in breach of trust, pursuant to section 113 (1) of the CL Act, from a person as a debt, the amount taken, paid or transferred, the amount of the inadequacy, the amount of the debt or the value of the property taken or transferred, as appropriate;
    • Give a certificate, pursuant to section 114 of the CL Act to the Principal;
    • Deal with receivable property in any manner in which the Licensee or Licensee's associate could have dealt with it;
    • Prove, grant, claim or draw a dividend in respect of a debt that is receivable property;
    • Take proceedings to recover damages for a tort committed in relation to receivable property;
    • Give a receipt for money that is receivable property;
    • Give Notices to the Licensee or Licensee's associate pursuant to the CL Act;
    • Undertake examination of the Licensee or other person in relation to receivable property, on the application of the receiver to the NSW Supreme Court;
    • Invest receivable property as directed by the Principal, in any manner in which trustees are authorised by the Trustee Act 1925 to invest funds;
    • Pay monies from liquidated receivable property to the Principal so that, firstly, unsatisfied claims against the Licensee may be wholly or partially paid, and secondly, in payment of the expenses of the receivership;
    • Prepare a Final Report that deals with matters considered to be appropriate to include in the report, and submit the report to the NSW Supreme Court and the Principal;
    • Prepare the Final Report in such a manner as may be used as an Expert's Report in NSW District Court and NSW Supreme Court legal proceedings, and/or any civil or administrative proceedings.


  • A7. Tier 2 Category - Receiver
    Tier 2 Category (in addition to Preliminary Assessment Period responsibilities and Tier 1 responsibilities) – Fees and Costs up to $300,000.00 (Incl. GST)
    • Required to carry out moderate level investigation into the receivable property held by the Licensee or Licensee's associate;
    • Required to undertake Court proceedings to recover receivable property as a debt, recover damages for a tort committed in relation to receivable property, or undertake examinations in the NSW Supreme Court;
    • Required by the Principal to invest receivable property;
    • Prepare statements at request of the Principal on work undertaken with a costs breakdown of that work;
    • Confirm/verify claims information and amounts payable for up to 100 claims.


  • A8. Tier 3 Category - Receiver
    Tier 3 Category (in addition to Preliminary Assessment Period responsibilities, and Tier 1 and Tier 2 responsibilities) – Fees and Costs up to $500,000.00 (Incl. GST)
    • Required to carry out highly complex level of investigation into the receivable property held by the Licensee or Licensee's associate;
    • Required to undertake Court proceedings to recover receivable property as a debt, or recover damages for a tort committed in relation to receivable property, or undertake examinations in the NSW Supreme Court;
    • Required by the Principal to invest receivable property;
    • Confirm/verify claims data/information/amounts payable for all claims.


Property, Stock and Business Agents Act 2002 - Accounts Examiner
  • B1. Accounts Examiner
    Accounts Examiner means an appropriately qualified Appointee appointed under Part 10, Division 4 of the PSBA Act.
    *Please upload evidence of your appointment Appointee appointed under Part 10, Division 4 of the PSBA Act to address this capability.
    Accounts Examiner – PSBA Act (20 Business Days)
    • a. On Appointment, will produce the Instrument of Appointment and require the Licensee (or an associate of the Licensee) to do any of the following:
    • Produce to the accounts examiner or any assistant of the accounts examiner all records relating to the Licensee's business (including all records made and kept by the Licensee under the PSBA Act) and (in the case of records stored electronically) produce any such record in written form;
    • Give to the accounts examiner or any assistant of the accounts examiner all information relating to the records required to be produced under this section;
    • Produce to the accounts examiner or any assistant of the accounts examiner all authorities and orders to financial institutions and other documents that may be reasonably required.
    • b. For the purposes of safeguarding the Property Services Compensation Fund in relation to the affairs of a Licensee:
    • Conduct a preliminary review of the accounts (trust and operating accounts) of the Licensee's business;
    • Conduct a reconciliation of the trust accounts;
    • Compare available records of the Licensee with the records of the financial institution used by the Licensee;
    • No reconstruction of books/records is required to be undertaken.
    • c. Prepare a confidential report within 20 Business Days of examining the accounts of the Licensee's business indicating whether there is any irregularity or alleged or suspected irregularity in the accounts, or any other matter that in the Accounts Examiner's opinion should be further investigated to provide a summary analysis of those accounts in the following format:
    • Executive summary;
    • Estimated trust account deficiency;
    • Estimated viability prospects of the Licensee's business (including current liabilities of the business);
    • Recommendations as to required future actions.


Property, Stock and Business Agents Act 2002 - Manager
  • B2. Preliminary Assessment - Manager
    Manager means an appropriately qualified person appointed under Part 9, Division 2 of the PSBA Act. There are two tiered categories for which Managers can be appointed depending on the total of fees and costs expected.
    *Please upload evidence of your appointment under Part 9, Division 2 of the PSBA Act to address this capability.
      Preliminary assessment (20 Business Days) – Fees and Costs limited to $20,000.00 (incl. GST) for all Tier Categories
    • a. Take control of the Licensee's business, including all operational and trust accounts;
    • b. Become sole signatory to those accounts;
    • c. Conduct a preliminary review of the trust accounts of the Licensee's business (no reconstruction of books (forensic or otherwise) required to be undertaken);
    • d. Conduct a reconciliation of the trust accounts of the Licensee's business;
    • e. Notify all clients and stakeholders of the Licensee's business, including vendors and purchasers, landlords and tenants with whom the Licensee has contractual arrangements; and any lessor of the premises occupied by the Licensee's business of the appointment of a Manager within two Business Days of appointment;
    • f. Obtain the consent of current clients of the Licensee's business to carry out work on their behalf;
    • g. Keep separate books and records relating to the conduct of the trust accounts and controlled money accounts of the Licensee's business from the date of the Appointment and, if reasonably necessary, open and maintain at an authorised deposit taking institution operating in New South Wales, one or more trust accounts;
    • h. Prepare a Preliminary Assessment Report within 20 Business Days of entering into management of the Licensee's business to provide a summary analysis of the affairs of the Licensee's business in the following format:
    • Executive summary;
    • Estimated trust account deficiency (Failures to Account);
    • Proposed rectification of trust account deficiencies;
    • Estimated viability prospects of the Licensee's business;
    • Proposed actions with regard to the rent roll of the Licensee's business;
    • Overview of Licensee's conduct, including conduct of licensee-in-charge;
    • Overview of the Licensee's business, including current liabilities of the business;
    • Recommended future actions.


  • B3. Tier 1 Category - Manager
    Tier 1 Category (in addition to Preliminary Assessment responsibilities) – Fees and Costs up to $150,000.00 (Incl. GST)
    • Take possession of all computers and operating systems associated with the Licensee's business from the premises;
    • Obtain electronic copy of all operating systems and trust account records via forensic means;
    • Obtain the consent of current clients of the Licensee's business to carry out work on their behalf;
    • Undertake moderate level fund traces for monies that have been disbursed from the Licensee's trust and operating accounts to determine nature of transactions;
    • Prepare monthly statements at request of the Principal on work undertaken with a costs breakdown of that work;
    • Assist clients of the Licensee's business with regard to information about making a claim on the fund for missing monies;
    • Liaise with Property Services Compensation Fund staff via the Fair Trading Investigator to assist those staff with the recovery of compensation money paid, from the sale of the Licensee's business;
    • Take steps (with the written approval of the Principal) to wind up / sell the Licensee's business (but not the business's shares);
    • This may include the business's property management rent roll (with consideration given to any binding agreements already entered into with respect to the sale of the rent roll);
    • Dispose of, or otherwise deal with any property in relation to the Licensee's business;
    • Obtain at least three quotes from licensed real estate agents or licensed corporations for the purchase of the Licensee's business.
    • Independently confirm the commerciality of the proposed sale price;
    • Undertake vetting process of potential licenced real estate agents that may take over the functions of the business, to the satisfaction of the Principal.
    • Exercise any right in the nature of a lien over property held by the Manager on behalf of the clients of the Licensee's business;
    • Prepare a Final Report that may be used as Expert evidence in NSW District Court and NSW Supreme Court proceedings, and/or any civil or administrative proceedings, and which includes:
    • Executive summary
    • Total trust account deficiency (Failures to Account)
    • Rectification strategies undertaken to fix trust deficiencies
    • Actions taken in relation to rent roll of the Licensee's business
    • Overview of Licensee's conduct, including conduct of licensee-in-charge
    • Any breaches of the PSBA Act
    • Overview of the Licensee's business
    • Receipts and payments
    • Give Expert Evidence in subsequent Court proceedings as may be required by NSW Fair Trading.


  • B4. Tier 2 Category - Manager
    Tier 2 Category (in addition to Preliminary Assessment and Tier 1 responsibilities) – Fees and Costs up to $300,000.00 (Incl. GST, and Schedule of Fees costs)
    • Required to undertake extensive fund traces for monies that have been disbursed from the Licensee's trust and operating accounts to determine nature of transactions;
    • Accept instructions from, and undertake work on behalf of new clients to the Licensee's business;
    • Prepare statements at request of the Principal on work undertaken with a costs breakdown of that work;
    • Carry out detailed partial reconstruction of trust accounts of the Licensee's business up to 2 year period;
    • Conduct enquiries / gather evidence and confirm / verify claims information and amounts payable for up to 50 claims;
    • Independently confirm commerciality of any proposed sale price for Licensee's business;
    • Undertake vetting process of potential licenced real estate agents that may take over the functions of the business, to the satisfaction of the Principal;
    • Undertake general marketing campaign in connection with the sale of the business.


  • B5. Tier 3 Category - Manager
    Tier 3 Category (in addition to Preliminary Assessment Period responsibilities, and Tier 1 and Tier 2 responsibilities) – Costs up to $500,000.00 (Incl. GST)
    • Be capable and ready for potential Appointment as a receiver to the Licensee's business (fees for both Appointments to remain under $500,000.00 cap);
    • Carry out complete and highly detailed reconstruction of trust and operating accounts of the Licensee's business up to a 2 year period;
    • Conduct enquiries and verify and confirm claims data/information/amounts payable for up to 150 claims or more;
    • If Licensee's business is to be sold, undertake extensive marketing campaign in connection with the sale of the business;
    • Undertake a stringent vetting process of potential licenced real estate agents that may take over the functions of the business, to the satisfaction of the Principal.


Property, Stock and Business Agents Act 2002 - Receiver
  • B6. Preliminary Assessment - Receiver
    Receiver means an appropriately qualified Appointee appointed by the NSW South Wales Supreme Court under s.138 of the PSBA Act or s.105 of the CL Act. There are two tiered categories for which Receivers can be appointed depending on the total of fees and costs expected.
    Note: Before undertaking this type of Appointment pursuant to the Scheme, the Service Provider must ensure it is capable of undertaking, and agree to undertake, the following actions at no cost to the Principal:
    • Appearing before the NSW Supreme Court;
    • Following the directions of the Court;
    • Providing all required evidence/exhibits to the Court;
    • Filing an affidavit and consent form in connection with the Appointment with the Court to the satisfaction of the Court;
    • Seeking guidance from the Court where required.
      *Please upload evidence of your appointment by the NSW South Wales Supreme Court under s.138 of the PSBA Act or s.105 of the CL Act to address this capability.
      Where the Receiver has not previously been appointed as the Manager for the nominated Licensee's business:
    • Preliminary Assessment (20 Business Days) – Costs limited to $20,000.00 (Incl. GST) of any single Tier Category Allocation
    • Conduct a preliminary review of the accounts (Trust and operating accounts) of the Licensee's business, and take an inventory of the assets of the Licensee's business
    • Conduct a reconciliation of the trust accounts
    • Compare available records of the Licensee with the records of the financial institution used by the Licensee
    • No reconstruction of books/records is required to be undertaken
    • Prepare a Preliminary Assessment Report within 20 Business Days of examining the accounts of the Licensee's business to provide a summary analysis of those accounts in the following format:
    • Executive summary
    • Estimated trust account deficiency
    • Estimated viability prospects of the Licensee's business (including current liabilities of the business)
    • Recommended future actions.


  • B7. Tier 1 Category - Receiver
    Tier 1 Category (in addition to Preliminary Assessment Period responsibilities) – Costs up to $150,000.00 (Incl. GST, and Schedule of Fees costs)
    • Take possession of receivable property of the Licensee (and/or, as appointed by the NSW Supreme Court, take possession of receivable property of the Licensee's associate;
    • Enter premises, pursuant to an order of the NSW Supreme Court under section 142(4) (a) of the PSBA Act (either by themselves or accompanied by a police officer) and to search for, seize and remove any property that appears to be receivable property;
    • Serve on an authorised deposit-taking institution, which may hold an account in which receivable property may be held, a stop order prohibiting operations on the account by any person other than the receiver or a person authorised by the receiver;
    • Undertake Court proceedings for the recovery of receivable property, which has been taken by, or paid or transferred to, a person unlawfully or in breach of trust, pursuant to section 146(1) of the PSBA Act, from a person as a debt, the amount taken, paid or transferred, the amount of the inadequacy, the amount of the debt or the value of the property taken or transferred, as appropriate;
    • Give a certificate, pursuant to section 147 of the PSBA Act to the Principal;
    • Deal with receivable property in any manner in which the Licensee or Licensee's associate could have dealt with it;
    • Prove, grant, claim or draw a dividend in respect of a debt that is receivable property;
    • Take proceedings to recover damages for a tort committed in relation to receivable property;
    • Give a receipt for money that is receivable property;
    • Give Notices to the Licensee or Licensee's associate pursuant to the PSBA Act;
    • Undertake examination of the Licensee or other person in relation to receivable property, on the application of the receiver to the NSW Supreme Court;
    • Invest receivable property as directed by the Principal, in any manner in which trustees are authorised by the Trustee Act 1925 to invest funds;
    • Pay monies from liquidated receivable property to the Principal so that, firstly, unsatisfied claims against the Licensee may be wholly or partially paid, and secondly, in payment of the expenses of the receivership;
    • Prepare a Final Report that deals with matters considered to be appropriate to include in the report, and submit the report to the NSW Supreme Court and the Principal;
    • Prepare the Final Report in such a manner as may be used as an Expert's Report in NSW District Court and NSW Supreme Court legal proceedings, and/or any civil or administrative proceedings.


  • B8. Tier 2 Category - Receiver
    Tier 2 Category (in addition to Preliminary Assessment Period responsibilities and Tier 1 responsibilities) – Costs up to $300,000.00 (Incl. GST, and Schedule of Fees costs)
    • Required to carry out moderate level investigation into the receivable property held by the Licensee or Licensee's associate;
    • Required to undertake Court proceedings to recover receivable property as a debt, recover damages for a tort committed in relation to receivable property, or undertake examinations in the NSW Supreme Court;
    • Required by the Principal to invest receivable property;
    • Prepare statements at request of the Principal on work undertaken with a costs breakdown of that work;
    • Confirm/verify claims information and amounts payable for up to 100 claims.


  • B9. Tier 3 Category - Receiver
    Tier 3 Category (in addition to Preliminary Assessment responsibilities, and Tier 1 and Tier 2 responsibilities) – Costs up to $500,000.00 (Incl. GST, and Schedule of Fees costs)
    • Required to carry out highly complex level of investigation into the receivable property held by the Licensee or Licensee's associate;
    • Required to undertake Court proceedings to recover receivable property as a debt, or recover damages for a tort committed in relation to receivable property, or undertake examinations in the NSW Supreme Court;
    • Required by the Principal to invest receivable property;
    • Confirm/verify claims data/information/amounts payable for all claims.



Preliminary assessment, Tier 1, Tier 2, and Tier 3 Questionnaire

The Applicant must answer the following questions based on the prequalification type they are applying for

Organsation Details

Associated Entities *

Please use the attached template to provide details of any associated entities, eg, subcontractors or agents

Associated entites template.docx

Response Type: Upload
Management and Key Nominated Personnel *

Please complete and upload the attached template in 'Word' or 'PDF' format

Management and key nominated personnel template.docx

Response Type: Upload

Capacity and Capability

Company Capacity and Capability *

Please use the attached template to provide details of company capacity and capability

Capacity and capability template.docx

Response Type: Upload
Relevant Experience *

Please use the attached template to provide details of relevant experience for nominated categories. Refer to Statutory Appointment categories and descriptions on the Statutory Appointment page on www.procurepoint.nsw.gov.au

Relevant experience template.docx

Response Type: Upload
Referee Reports *

Using the attached template please provide three (3) referee reports for each nominated category and merge them all into one (1) file for upload. The referee reports must be for work conducted in the last three (3) years

Referee report template.docx

Response Type: Upload

Rates/Cost of Services

Rates/Cost of Services *

Please provide a copy of your pricing schedule

Response Type: Upload

Insurances

Professional Indemnity Insurance is Mandatory for contracts under the Statutory Appointment Scheme Supplier List *

Required policy coverage is for a minimum amount of $10,000,000 in respect of each claim.

Please upload the latest certificate of currency for Professional Indemnity Insurance for $10M and provide the insurance expiry date.

Response Type: Upload & Date
Where required by law, Workers' Compensation insurance is Mandatory *

If applicable, please upload the latest certificate of currency for Workers' Compensation Insurance and provide the insurance expiry date

Response Type: Upload & Date
$10M Public Liability Insurance is Mandatory for contracts under the Statutory Appointment Scheme *

Required policy coverage is for a minimum amount of $10,000,000 in respect of each claim.

Please upload the latest certificate of currency for Public Liability Insurance for $10m and provide the insurance expiry date.

Response Type: Upload & Date

Applicant Declaration

Authorised Representative *

I am authorised to submit this application for and on behalf of the applicant and in doing so warrant that it is financially solvent, not subject to any legal proceedings or ICAC inquiry/ies, and the information provided is true and correct. 

Confirmation of authorised representative

* The applicant declaration is confirmed by the applicant's authorised representative.

Please provide full name and contact telephone number of the applicant's authorised representative

Response Type: Free Text

Current Registered Suppliers

Approved Vendors

Amendment History

  1. 8-Mar-2019 11:20am

     

    Please note this scheme has been extended until March 2022.

     

    If you are a prequalified vendor you remain prequalified and do not need to do anything.

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