Auditing
Auditing
Entities
Audit
Manual
(SEAM)
CPA Australia Ltd (CPA Australia) is the largest professional organisation in Australia with more than 132,000 members
of the financial, accounting and business profession in Australia and overseas.
For information about CPA Australia, visit our website: <cpaustralia.com.au>.
Published in Melbourne
First Edition ........................................ SAPSE Edition 2008
Second Edition ................................... SAPSE Edition 2009
Third Edition ....................................... SAPSE Edition 2010
Fourth Editiion .................................... SAPSE Edition 2011
Fifth Edition ........................................ SEAM Edition 2012
Sixth Edition ....................................... SEAM Edition 2013
ISBN 978-1-876874-52-0
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Foreword
Foreword
CPA Australia is pleased to present the 2013 edition of the Small Entities Audit Manual (SEAM).
Auditing small entities brings many unique challenges. The applicable audit standards are the same as those
for much larger audits. There is no substitute for knowledge of those standards in scaling the approach to each
different audit situation.
This publication is designed to help auditors in this process. Along with updated sample audit programs (previously
issued in Sample Audit Programs for Small to Medium Enterprises (SAPSE), this manual contains extensive and
practical explanation of many key areas that you are likely to come across in the audit of small entities. The content
is organized into explanation and guidance on audit, review and compilations engagements; and specific sections
applicable to engagements with:
a self managed superannuation fund (including overview of SMSF, Audit Plan, Financial Report Audit,
Compliance Audit and Finalising the Audit);
an association incorporated or unincorporated (for example, a junior sporting association);
a company limited by guarantee;
a real estate agents trust account;
a members trust account; and
a solicitors trust account.
Much of this specific content can also be appropriately tailored to suit different situations for example audits and
reviews different entities of a similar size.
These materials may assist audit and assurance practitioners in the performance of the audit or where appropriate,
review of small entities. They do not relieve members of their specific responsibilities in relation to the requirements
of auditing standards and are not a substitute for reading the auditing standards. Members are reminded of the
professional requirement that an audit or review shall be performed and the report prepared with due professional
care by persons who have adequate training, experience and competence in auditing and assurance.
Each audit is different and these sample audit programs should not be used without appropriate tailoring to the
circumstances of individual engagements. These guides incorporate changes up until March 2012 and may
not comply with auditing standards and statutory requirements issued after this date. To keep up-to-date with
subsequent changes to auditing standards, you should refer to the CPA Australias Members Handbook or the
Auditing and Assurance Standards Board (AUASB) website: <www.AUASB.gov.au>.
These sample audit programs should complement your existing planning and risk identification. They do not relieve
you of your obligation, as an auditor, assurance practitioner and member of CPA Australia, to ensure that you
comply with professional and auditing standards during the conduct of all audits and review engagements.
Table of contents
Foreword
Acknowledgements v
Before you start!
1. Overview of audits and reviews of financial statements
v
1:2
1:2
What is an audit?
1:2
What is a review?
1:3
1:3
Detailed methodology
1:6
Audit
1:6
Review engagements
1:28
Appendices
1:33
2:2
2:2
2:5
Appendices
2:8
3:2
3:2
3:3
3:3
3:4
Reporting
3:6
Appendices
3:8
4:2
4:2
4:2
4:3
Reporting
4:6
Appendices
4:8
5:2
5:2
5:2
5:2
Ethical requirements
5:3
Quality control
5:3
Professional scepticism
5:3
5:3
5:5
Planning
5:6
iii
5:7
5:7
6:2
Audit approach
6:2
Appendices
6:5
7:2
Introduction
7:2
Methodology
7:3
Appendices
7:5
iv
6:2
8:2
8:2
Audit methodology
8:2
Appendices
8:5
Introduction
Acknowledgements
Original contributions
Stuart Horsburgh, BDO Melbourne
Shirley Schaefer, BDO Adelaide
Material updates
Clare Azzopardi, External Audit Manager, Grant Thornton, Victoria (2008)
Margaret M Salter, Director MMS Consulting Pty Ltd (2008)
Greg Hayes from Hayes Knight Pty Ltd (2009)
Dr Christine Jubb, The Australian National University (2010)
Dr Christine Jubb, The Australian National University (2011)
CPA Australia (2012 and 2013)
Part A
Chapter 1: Overview of audits and reviews of financial statements.
Chapter 2: The audit of a self managed superannuation fund financial statement audit and compliance audit.
Chapter 3: The audit or review of an association (both incorporated and unincorporated associations).
Chapter 4: The audit or review of a company limited by guarantee.
Part B
Chapter 5: Overview of a compliance audit.
Chapter 6: The audit of a real estate agents trust account.
Chapter 7: The audit of client monies.
Chapter 8: The audit of a solicitors trust account.
The first part of this guide provides guidance for the auditors of historical financial statements in the format of
financial statements. These audits are performed in accordance with the Auditing Standards as documented in
table 1 of Appendix 1.
The application of these auditing standards for two specific entities, an Association and Self-Managed
Superannuation Fund (SMSF) has been illustrated in Chapters 2 and 3 respectively.
The second part of the guide is for compliance audits performed using ASAE 3000 Assurance Engagements
Other than Audits or Reviews of Historical Financial Information and ASAE 3100 Compliance Engagements.
These engagements are determining compliance with particular rules/legislation and the application of the
methodology has been illustrated with the engagements in Chapter 68 as well as the SMSF compliance audit in
Chapter 2.
Appendices which contain information specific to the chapter are included at the end of each chapter (shown by
the numbering convention Appendix 1A which is Appendix A at the end of Chapter 1) and appendices which are
relevant to a number of chapters included at the end of the book (shown at Appendix A).
Relevant date
The content of this publication is based on pronouncements and standards in place at January 2013. It is the
responsibility of the auditor to ensure that they are using the most up-to-date legislation, guidance and standards.
vi
Introduction
Type of charity
Definition
Small
Medium
Large
Note: the Government is currently consulting on the proposed financial reporting requirements applying to registered
charities and therefore there may be some changes in these proposals and the contents of financial reports.
vii
1. Overview of audits
and reviews of financial
statements
1. Overview of audits and reviews of financial statements
1:2
1:2
What is an audit?
1:2
What is a review?
1:3
1:3
Over-arching principles
1:3
1:3
1:4
Documentation
1:5
Quality control
1:5
Detailed methodology
1:6
Audit 1:6
Acceptance and continuance phase
1:8
Planning
1:9
1:18
1:24
Review engagements
1:28
Over-arching principles
1:29
1:29
Planning 1:29
Performing 1:30
Evaluation, report and wrap-up
1:31
Appendices 1:33
Appendix 1A Ethical clearance letter
1:34
1:35
1:36
1:42
1:44
1:48
What is an audit?
An audit is an independent examination of the financial statements to enhance the degree of confidence of
intended users in the financial statements. This is achieved by the expression of an opinion by the auditor on
whether the financial report is prepared, in all material respects, in accordance with an applicable financial
reporting framework.
An audit provides reasonable assurance. To be in a position to express an audit conclusion in the positive form
required in a reasonable assurance engagement, it is necessary for the auditor to obtain sufficient appropriate
evidence as part of a systematic engagement process involving the following:
Obtaining an understanding of the subject matter and other engagement circumstances which, depending on
the subject matter, includes obtaining an understanding of internal control.
Based on that understanding, assessing the risks that the subject matter information may be materially
misstated.
Responding to assessed risks, including developing overall responses, and determining the nature, timing and
extent of further procedures.
Performing further procedures clearly linked to the identified risks, using a combination of inspection,
observation, confirmation, re-calculation, re-performance, analytical procedures and enquiry. Such further
procedures involve substantive procedures including, where applicable, obtaining corroborating information
from sources independent of the responsible party, and depending on the nature of the subject matter, tests of
the operating effectiveness of controls.
Evaluating the sufficiency and appropriateness of evidence.
The auditor obtains sufficient, appropriate audit evidence to ensure the risk of a material misstatement is reduced
to an acceptably low level.
All steps of the audit are linked together and are illustrated below:
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Each of these phases, key tasks within each component and deliverable documents will be discussed in this chapter.
1:2
Over-arching principles
Prior to discussing the detailed phases of an audit and a review, we will cover the over-arching principles for both
an audit and a review:
Independence and ethical principles;
Professional judgment and scepticism;
Documentation; and
Quality control.
1:4
Quality control
The relevant standards for an auditor to consider with respect to quality control are:
ASA 220 Quality Control for an Audit of a Financial Report and Other Historical Financial Information;
ASQC 1 Quality Controls for Firms that Perform Audits and Reviews of Financial Reports, Other Financial
Information and other Assurance Engagements; and
APES 320 Quality Control for Firms.
These standards deal with the auditors responsibilities for its system of quality control for audits and reviews
of financial reports, other financial information, and other assurance engagement, i.e. they are relevant for all
engagements covered by this guide.
The auditor has an obligation to establish and maintain a system of quality control to provide it with reasonable
assurance that:
a) The firm and its personnel comply with Australian Auditing Standards, relevant ethical requirements, and
applicable legal and regulatory requirements; and
b) The Reports issued by the firm or engagement partners are appropriate in the circumstances.
The engagement partner is responsible for implementing procedures to ensure quality control systems are applied
to both the financial audit and compliance engagements including:
Taking responsibility for overall quality on the financial audit and compliance engagement.
Considering whether members of the engagement team have complied with relevant ethical requirements.
1:5
Detailed methodology
This section provides an overview of a methodology for:
The audit of financial statements; and
The review of financial statements.
The methodology is written for a generic small entity and specific requirements for the entities covered in this
guide, SMSFs, Incorporated Associations and Companies Limited by Guarantee, can be found in the relevant
chapter.
This methodology is a guide only and is not a substitute for reading the Australian Auditing Standards. Auditors
need to satisfy themselves that their audits are in compliance with all relevant requirements of the Auditing
Standards.
Audit
The audit approach is risk-based with a focus on understanding each clients business and identifying risks
associated with the client, the audit engagement and financial statements.
The audit is split into different phases as illustrated and the purpose of each summary phase of the audit is shown
below:
Acceptance and continuance to ensure that the audits undertaken by the auditor are appropriate.
Planning to obtain an understanding of the entity and its environment, including its internal control and the risks
of material misstatement, to allow the audit approach to be set.
Performance and review to obtain sufficient, appropriate audit evidence which reduces the risk of material
misstatement to an acceptably low level.
Evaluation, report and wrap-up to ensure that the final audit file supports the audit opinion and the
deliverables as set out in the engagement letter are provided.
The diagram shows an overview of the methodology and each phase is discussed further.
1:6
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Looking at industry statistics relating to inventory theft, the Auditor may also decide to consider the inventory
account as inherently risky. Small inventory items can further increase the risk of this account valuation being
incorrect because those items are easier to conceal (and therefore easier to steal).
Items which have a high inherent risk are significant risks and subject to additional procedures as discussed below.
Significant risks
When considering the inherent risks faced by the entity, the auditor determines whether any of the risks identified
are, in the auditors judgement, a significant risk. In exercising this judgement, the auditor shall exclude the effects
of identified controls related to the risk (i.e. the assessment should be based on inherent risk only).
Significant risk means an identified and assessed risk of material misstatement that, in the auditors judgement,
requires special audit consideration.
In exercising judgement as to which risks are significant risks, the auditor shall consider at least the following:
a) Whether the risk is a risk of fraud;
b) Whether the risk is related to recent significant economic, accounting or other developments and, therefore,
requires specific attention;
c) The complexity of transactions;
d) Whether the risk involves significant transactions with related parties;
e) The degree of subjectivity in the measurement of financial information related to the risk, especially those
measurements involving a wide range of measurement uncertainty; and
f) Whether the risk involves significant transactions that are outside the normal course of business for the entity,
or that otherwise appear to be unusual.
If the auditor has determined that a significant risk exists, the auditor shall obtain an understanding of the entitys
controls, including control activities, relevant to that risk. The audit tests should also cover this specific risk.
Control risk
The internal controls put in place by the entity have the goal of producing accurate and effective reporting.
Some examples of control activities and the specific procedures that should be in place in an adequate control
environment:
Segregation of duties: In particular, this applies to authorisation, custody, and recordkeeping. For example,
the person who requests an order of computer components shouldnt be the person who authorizes the
request. The physical custody of the computer components after receipt should be the task of a third
employee. The business should also have yet another employee keeping files of the related purchase orders
and paid invoices.
Adequate documents and records: The entity must maintain source documents like purchase orders,
paid invoices, and customer invoices in a proper filing system. A classic documentation control is using
prenumbered documents and saving voided documents. If the Auditors sees a missing invoice number with no
void information, they know that the entity may have sales that havent hit its financial records.
1:13
1:14
Explanation
Balance
sheet
Income
statement
Classification
Existence
Accuracy
Occurrence
Rights and
obligations
Does the entity have the right or obligation associated with the
balance?
Valuation and
allocation
Cut-off
Completeness
Presentation
and dislosure
The design of the audit tests take into account the assertion that is being confirmed.
When testing existence or occurrence assertions the auditor tests for overstatement and therefore the testing
should begin with the accounting records and progress toward the supporting evidence.
When conducting tests to verify the completeness assertion, auditors search for understatements, this testing
begins with the supporting source documents and progresses toward the accounting records. For example, an
auditor may search for unrecorded purchases by selecting a sample of delivery notes and tracing the transactions
to the purchases journal and the accounts payable records.
Valuation often represents a high-risk assertion because of the wide variety of methods used to value assets and
the estimates and judgements involved.
Depending on the account tested, auditors may have to evaluate a host of estimates and assumptions, such as
the useful life of fixed assets, the default rate on past due receivables and attrition rates/future payrises for long
service leave calculations.
Audit procedures designed to test rights and obligations assertions often involve reviewing documents such as
deeds, contracts, and loan agreements to determine whether the entity has satisfactory title to its assets and
whether the entity is obligated to pay the liabilities.
Testing an account requires auditors to identify the specific assertions related to the account and design
appropriate procedures to test each assertion. Once the auditor has obtained sufficient evidence to support each
assertion, then the auditor has reasonable assurance that the account balance is fairly presented
Client requirements schedule
Given the volume of supporting documentation needed by auditors, it is advisable to provide the client with a list
of audit requirements prior to the commencement of the audit. This can be in a separate list or incorporated in
the engagement letter and can stipulate the timing of such requirements. This schedule can be a useful project
management tool and to monitor over-runs/delays.
Designing the audit approach
Once the risks of material misstatement are identified and the planned control reliance is determined, an auditor
must refer to ASA 330 which sets mandatory requirements and guidance in designing and performing audit
procedures.
Overall responses might include:
determination of the general audit approach (i.e. substantive only versus a combination of substantive and
controls testing);
1:17
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Baseline
Periodic or recurring
manual control
Monthly
Weekly
Daily
25
25
Example:
Monthly bank reconciliations, we would normally test an interim and year end
reconciliation.
IT control
1:19
Substantive procedures
Substantive procedures should be performed if tests of control determine that:
the controls are not operating effectively;
they do not exist; or
the auditor has determined that a substantive approach is more effective or efficient.
Substantive procedures comprise substantive analytical procedures or tests of details.
They enable the auditor to assess whether the transactions are bona fide and have been properly classified and
recorded in the general ledger.
In most audits, it is not possible to undertake testing for every transaction and therefore the auditor has to select
transactions to test. This selection process is discussed further in the sampling section below.
Analytical procedures
Analytical procedures are used in a number of stages of the audit, in accordance with ASA 520 Analytical
procedures. During this phase of the audit, we use analytical procedures as a substantive test to assist in
corroborating balances.
Analytical procedures means the investigation and analysis of fluctuations and relationships to determine whether
there are inconsistencies with other relevant information or deviations from predicted amounts. Through an
understanding of the business, the auditor should form an expectation of the balance to compare with the actual
balance.
Since analytical procedures are generally at a higher level than tests of details, ASA 520 states that the extent of
reliance on results from substantive analytical review procedures depends on the following:
Source of the information available. For example, information is ordinarily more reliable when it is obtained from
independent sources outside the entity.
Comparability of the information available. For example, broad industry data may need to be supplemented to
be comparable to that of an entity that produces and sells specialised products.
Nature and relevance of the information available. For example, whether budgets have been established as
results to be expected rather than as goals to be achieved.
Controls over the preparation of the information. For example, controls over the preparation, review and
maintenance of budgets.
These factors should be considered by the auditor in determining the extent of other testing (refer to ASA 520 for
requirements and guidance).
There are a number of steps required to perform substantive analytical procedures in accordance with the
Australian Auditing Standards which are shown below:
1. Identify relevant data and relationships (i.e. superannuation as % of payroll);
2. Determine an expectation;
1:20
The population from which the Auditor selects the items for testing must be
consistent with the period to be covered.
Consider subdividing or stratifying the population to increase the effectiveness of
procedures.
Define what
constitutes a
difference
If the auditor has chosen to perform specific items testing, the items are generally
selected based on qualitative factors. When supplementing this with quantitative
factors, items that are individually larger than the materiality threshold.
1:21
Perform procedures to ensure that the population from which the Auditor select
items reconciles to the financial statements.
Test items
Amend procedures, if
necessary
Based on the results obtained, the auditor may be satisfied that they have obtained
sufficient audit evidence or may determine that additional procedures are necessary.
Documents the results Audit documentation included a description of the nature, timing and extent of the
procedures performed, a description of the differences identified (including their
of audit test work
nature and cause), how these differences were resolved and a summary of our
conclusions.
When choosing items for tests of detail, there are three permitted options for selecting items to test:
selecting all items (100% examination);
selecting specific key items; and
audit sampling.
Where an entity has a limited number of transactions, 100% of transactions may be selected for testing, however
this approach is time-consuming and expensive where an entity has more than a few transactions during a period.
If there are a large number of transactions, the auditor should select and test items to obtain sufficient appropriate
audit evidence in an efficient and effective manner using selective items testing, sampling or a combination of
both. The selection process involves the application of audit procedures to a population less than a full defined
population with the objective of obtaining evidence which is representative of the entire population.
Selecting specific key items involves testing, for example, all items greater than a threshold, or unusual items.
Audit sampling involves using judgement or statistics to determine a sample size and then each item in the
population has an equal chance of being selected.
Specific items testing
Selecting specific items is likely to be more effective when one of the following is true:
The risk of misstatement is assessed as low and audit evidence has been obtained from other substantive
procedures for the population;
The population contains a small number of individually significant items;
The population mainly contains non-routine transactions or accounting estimates.
When the auditors select specific items from an account balance or class of transactions, the results of procedures
cannot be extrapolated to the remaining population. The auditor needs to consider the need to obtain appropriate
audit evidence regarding the remainder of the population when the remainder is significant.
Specific items testing does not represent sampling procedures. For instance, selecting all items over a stipulated
value does not qualify as sampling given that it is not intended to be representative of the total population. It
is important that such procedures not be mistaken as sampling, as to do so may result in an incorrect audit
conclusion.
When choosing the specific items, the auditor can choose:
high-value testing the items of high monetary value are selected since errors therein are more likely to be
larger and are therefore more likely to cause a material error;
key item tests, the items identified as being inherently risky or being subject to weak controls are selected
because their frequency of errors is likely to be higher and therefore more likely to cause a material error.
1:22
This method requires professional judgment in order to select items for the sample. The auditor therefore needs
to ensure the sample is representative of the entire population and avoids bias.
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ASA 700 Forming an Opinion and Reporting on a Financial Report is the over-arching standard which deals with
aspects to consider in forming the opinion and the appropriate form and content of the report.
If the financial statements are special purpose then the auditor should refer to ASA 800 Special Considerations
Audits of Financial Reports Prepared in Accordance with Special Purpose Frameworks for detailed requirements
relating to the audit report, including the inclusion of an emphasis of matter for all special purpose financial
statements. This emphasis of matter alerts the users of the auditors report that the financial statements are
prepared in accordance with a special purpose framework and that, as a result, the financial statements may not
be suitable for another purpose.
Where the auditor is considering any amendment to the audit report (i.e. modification/qualification) or emphasis
of matter, then appropriate guidance can be found in ASA 705 Modifications to the Opinion in the Independent
Auditors Report or ASA 706 Emphasis of Matter Paragraphs and Other Matter Paragraphs in the Independent
Auditors Report.
1:27
Review engagements
Reviews, rather than audits will be available for certain Victorian Incorporated Associations, from the
commencement date of the amended Victorian Incorporated Associations Act, being 26 November 2012 (refer
to Appendix 3A of Chapter 3) and certain Companies Limited by Guarantee (refer to Chapter 4).
At the time of writing, there are no other entities covered by this guide which are (or are proposed to be) permitted
to have a review.
The term reviewer has been used in this section to refer to the Auditor/Assurance practitioner undertaking the
review of the financial statements.
Objective of a review
The objective and scope of a review of financial statements differs significantly from that of an audit conducted in
accordance with ASAs. A review, is designed to provide limited assurance, rather than reasonable assurance that
the financial report is free from material misstatement (i.e. the reviewer forms a conclusion as to whether anything
has come to the attention of the reviewer that causes them to believe the financial report is not presented fairly.)
A review consists of making enquiries, primarily of persons responsible for financial and accounting matters, and
applying analytical and other review procedures. A review may bring significant matters affecting the financial report
to the practitioners attention, but it does not provide all of the evidence that would be required in an audit.
Relevant pronouncements
The relevant standard for performing a review of the entities included in this guide depends on whether the
reviewer has performed an audit of the immediately previous financial statements.
For the first year of the review, the diagram below illustrates the relevant standard:
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Over-arching principles
The over-arching principles of:
Auditor independence and ethical principles;
Professional judgment and scepticism;
Documentation; and
Quality control
discussed earlier in this chapter are relevant to reviews performed under ASRE 2410 or ASRE 2400 and this
review methodology should be read in conjunction with that guidance.
Planning
Understanding the entity and its environment, including internal control
The reviewer obtains an understanding of the entity and its environment, including its internal control, as it relates
to the preparation of the financial report, sufficient to plan and conduct the engagement so as to be able to:
identify the types of potential material misstatements and consider the likelihood of their occurrence; and
select the enquiries, analytical and other review procedures that will provide the reviewer with a basis for
reporting whether anything has come to the reviewers attention that causes them to believe that the financial
report is not prepared, in all material respects, in accordance with the applicable financial reporting framework.
The reviewer also needs to obtain a sufficient understanding of internal control as it relates to the preparation of the
financial report subject to review, as it may differ from internal control as it relates to the preparation of a financial
report subject to audit.
A reviewer who has audited the entitys immediately preceding financial statements will have obtained an
understanding of the entity and its environment, including its internal control, as it relates to the preparation of
the financial report, that was sufficient to conduct the audit. In planning a review of a financial report, the reviewer
needs to update this understanding.
1:29
Performing
Enquiries, analytical and other review procedures
The procedures performed in a review engagement are primarily:
enquiries of persons responsible for financial and accounting matters; and
analytical and other review procedures.
1:30
A review of a financial report ordinarily does not require corroborating the enquiries
about litigation or claims. It is, therefore, ordinarily not necessary to send an enquiry
letter to the entitys lawyer.
Direct communication with the entitys lawyer with respect to litigation or claims,
or alternative procedures, may, however, be appropriate if a matter comes to the
reviewers attention that causes them to question whether the financial report is in
accordance with the applicable financial reporting framework.
Underlying financial
records
Obtain evidence that the financial report agrees or reconciles with the underlying
accounting records.
For example by tracing the financial report to:
the accounting records, such as the general ledger, or a consolidating schedule
that agrees or reconciles with the accounting records; and
other supporting data in the entitys records as necessary.
Subsequent events
Enquire whether management has identified all events up to the date of the review
report that may require adjustment to, or disclosure in, the financial report.
Going concern
Enquire whether those charged with governance have changed their assessment of
the entitys ability to continue as a going concern.
When, as the result of this enquiry or other review procedures, the reviewer becomes
aware of events or conditions that may cast significant doubt on the entitys ability to
continue as a going concern, the reviewer shall:
a) enquire of those charged with governance as to their plans for future actions
based on their going concern assessment, the feasibility of these plans, and
whether they believe that the outcome of these plans will improve the situation;
and
b) consider the adequacy of the disclosure about such matters in the financial
report.
Potential material
adjustment
When a matter comes to the reviewers attention that leads the assurance
practitioner to question whether a material adjustment should be made for the
financial report to be prepared, in all material respects, in accordance with the
applicable financial reporting framework, the reviewer makes additional enquiries
or perform other procedures to enable a conclusion in the review report to be
expressed.
Documentation
The reviewer is required to prepare review documentation that is sufficient and appropriate evidence to provide a
basis for the conclusion, and to provide evidence that the review was performed in accordance with ASRE 2415 or
ASRE 2400 as appropriate and applicable legal and regulatory requirements.
1:32
1:33
1:34
[Date]
[Name and address of auditor]
Dear [client contact name],
CONSENT TO ACT LETTER
[Pursuant to [legislation or authority,]] we [name of audit firm/individual auditor] hereby consent to appointment as
[auditor/reviewer] of [entity name], ABN xxxxx.
Yours sincerely
_____________________________ ________________________
[Partner]
1:35
Phone no:
Fax no:
Contact name:
Email:
Details of those charged with
governance (i.e. Management
Committee) and contact name:
Type of entity (i.e. Incorporated
Association):
Where the financial statements
are special purpose, describe
the basis of accounting used and
the compliance with Australian
Accounting Standards.
b. Audit administration
Engagement team:
Name
Position
Partner
Manager
Staff
Name
TOTAL
Budgeted fee:
Anticipated recovery rate (%): (i.e.
budgeted fee/budgeted cost)
1:36
#Hours
Rate
Cost
Work flow
Date
Planning meeting
Interim audit/planning visit
Stocktake (if applicable)
Final audit visit
Audit clearance
Reporting deadlines:
Expected date for signing financial
report:
AGM:
d. Planning discussion
Date:
Attendees:
The audit team are required to hold planning discussions during the planning phase of an audit, a
summary of the discussions from the planning meeting should be recorded here.
As a minimum, the following items should be discussed:
Changes in operations for the entity.
Nature, timing and extent of direction and supervision of engagement team members.
Workpaper review process.
Susceptibility of the entity to material misstatement.
Potential for Fraud and error at the client as well as any fraud risk factors.
Laws and regulations.
Potential litigation and claims.
1:37
Provide details of the objectives, strategies, values and vision of the client.
Briefly explain the key factors that have affected the clients results for the year. If any revenue or expense
items have changed materially from the prior year, provide explanation for the change.
Provide details of the objectives, strategies, values and vision of the client.
If the client holds any items at fair value, provide details regarding the process and controls for determining
fair value measurements and disclosures.
Obtain a copy of the latest trial balance/management accounts and perform a high level analytical review to
identify unusual balances/significant movements.
1:38
Risk table
Business risks/significant
audit areas
Financial statement
assertions
Audit
testing
1:39
Documentation of controls in
place (W/P ref)
1:40
Audit/review approach
Sign-off
Based on the knowledge of the client and the planning process, the audit approach proposed will reduced the
level of audit risk to an acceptably low level.
_________________________ ___________________ ____________
[Engagement Partner Name]
[Signature]
[Date]
[Signature]
[Date]
1:41
1:42
W/P reference/
notes
W/P reference/
notes
1:43
Done by
and date
Has a final trial balance been cross-referenced to the audit/review file?
Have lead sheets, which agree to the final financial report, been
completed for all sections?
Does each lead sheet conclude appropriately on the findings of the
section?
Have all work papers been signed and dated by the preparer and
reviewer?
Did we attend stock takes at all material stock locations?
If the answer to the above question was No, have the circumstances
that caused this been clearly documented in the work papers?
Have we reviewed minutes of all shareholders, directors and other
important meetings held during the year and considered the audit
implications of key decisions?
Have we considered the following during the course of the audit?
Laws and regulations.
Litigation and claims.
Fraud and error.
Related parties.
Subsequent events.
Going concern.
Have we conducted analytical procedures as part of our overall review
of the final financial report in an audit or as part of review engagement
procedures?
Summary of audit/review differences:
Have all errors noted during the audit/review been documented?
Do the proposed adjustments on the summary of audit/review
differences schedule distinguish between those which have been
adjusted for and those which have not, including reasons for the latter?
Have we ensured that all the agreed adjustments have been properly
recorded?
Significant audit, accounting and control issues:
Have all significant audit/review and accounting issues noted during
the audit/review been documented and discussed with the client?
Have all significant control issues been included in the communication
with management or those charged with governance?
1:44
Work paper
reference
(if applicable)
Work paper
reference
(if applicable)
1:45
1:46
[Date]
[Date]
[EQCR Signature]
[Date]
1:47
Requirements
ASA 220 Quality Control for an Audit The engagement partner is to:
of a Financial Report and Other
i. remain alert, through observation and making enquiries as necessary,
Financial Information
for evidence of non-compliance with relevant ethical requirements
by members of the engagement team, throughout the audit
engagement;
ii. form a conclusion on compliance with the independence
requirements that apply to the audit engagement;
iii. be satisfied that appropriate procedures regarding the acceptance
and continuance of client relationships and audit engagements have
been followed, and determine that conclusions reached in this regard
are appropriate;
1:48
Requirements
iv. be satisfied that the engagement team, and any auditors experts
who are not part of the engagement team, collectively have the
appropriate competence and capability to perform the audit
engagement;
v. take responsibility for the direction, supervision and performance of
the audit engagement; and
vi. take responsibility for the auditors report being appropriate in the
circumstances.
Preparation of documentation:
i. that is sufficient to enable an experienced auditor, having no
previous connection with the audit, to understand the nature, timing
and extent of the audit procedures performed to comply with the
Australian Auditing Standards and applicable legal and regulatory
requirements;
ii. that is sufficient to enable an experienced auditor, having no previous
connection with the audit, to understand the results of the audit
procedures performed, the audit evidence obtained, significant
matters arising during the audit, the audit conclusion reached thereon
and significant professional judgements made in reaching those
conclusions; and
iii. which is assembled in an audit file on a timely basis (ordinarily not
more than 60 days) after the date of the auditors report.
1:49
Requirements
Determine materiality:
for the financial report as a whole when determining the overall audit
strategy; and
for performance materiality for purposes of assessing the risks of
material misstatement; and
to determine the nature, timing and extent of further audit
procedures.
1:50
Determine whether the overall audit strategy and audit plan needs to be
revised if the nature of identified misstatements and the circumstances of
their occurrence indicate that other misstatements may exist that, when
aggregated with misstatements accumulated during the audit, could be
material or approaches materiality determined in accordance with ASA
320.
Requirements
ASA 510 Initial Audit Engagements Obtain sufficient appropriate audit evidence about whether the opening
Opening Balances
balances contain misstatements that materially affect the current periods
financial report, whether the prior period closing balances have been
correctly brought forward and that appropriate accounting policies are
applied consistently.
ASA 520 Analytical Procedures
Expands on how ASA 315, ASA 330 and ASA 240 are to be applied in
relation to risks of material misstatement associated with related party
transactions and relationships.
1:51
Auditing standard
Requirements
2:2
2:2
2:2
2:2
2:3
2:3
2:5
Planning
2:5
Reporting
2:6
Compliance audit
2:6
2:7
Management letter
2:7
Appendices 2:8
Appendix 2A Example audit engagement letter for the audit of a Self-Managed Superannuation Fund 2:9
Appendix 2B Example SMSF audit plan
2:12
2:16
2:19
2:21
2:22
Compliance audit
2:39
2:2
2:4
2:5
Reporting
Financial information to be prepared and basis for preparation
Most SMSFs will be required to prepare a statement of financial position and an operating statement.
The inclusion of a statement by the trustee is recommended, although it is not mandatory.
Minimum mandatory financial statement disclosure requirements are as follows (APES 205):
a statement that the financial statements are special purpose financial statements;
a statement of specific purpose for which the financial statements have been prepared;
a statement of the significant accounting policies adopted in preparing and presenting the financial statements.
The measurement of assets at net market value may be required under the trust deed. It is the opinion of the ATO
that SMSF assets should be valued at their current market value (refer NAT 11375-01.2010).
Compliance audit
Objective
The relevant auditing standards for the SMSF compliance audit are:
ASAE 3000 Assurance Engagements Other than Audits or Reviews of Historical Financial Information;
ASAE 3100 Compliance Engagements.
Guidance on the application of these standards is provided in Chapter 4 of this guide.
The objective of the compliance audit is to form an opinion on the following five main areas:
The fund meets the definition of an SMSF and has elected to be a regulated fund (SISA s17A).
The fund is maintained for the sole purpose of providing benefits to fund members upon their retirement, or to
their dependents in the case of the members death before retirement (SISA s62).
2:6
Management letter
Trustees should be provided with a management letter detailing the findings and implications of the audit.
This letter should include details of all contraventions of the SIS Act and SIS Regulations and appropriate
recommendations for courses of action to be taken by the trustees.
It should also document identified weaknesses in internal controls that are not necessarily breaches of the SIS
Act or SIS Regulations but would provide the trustees with improvements to their administrative procedures or
systems.
2:7
2:8
[Date]
[Date]
2:11
Balance date:
Prepared by:
Reviewed by:
Preparation date:
Review date:
Fund name:
1. Audit team
Partner:
Staff:
Manager:
Include information about the supervision of staff/
review of work and other information about
responsibilities:
2. Fund information
ABN/TFN if corporate trustee:
Trustee/s:
Primary contact:
Address:
Phone:
Email:
Fund member 1:
Fund member 2:
Fund member 3:
Fund member 4:
3. Fund details
Trust Deed commencement date:
Original Amended
2:12
Accumulation Defined
5. Audit scope
Services to be provided:
Audit completion due date:
7. Independence
Yes
No
Consider and identify any independence or ethical issues in accepting this appointment
7.1
7.2
7.3
7.4
7.5
Is there any evidence that the Trustee has significant influence on the auditor of firm?
7.6
2:13
8.2
8.3
8.4
8.5
8.6
9. Control assessment document the Auditors understand of the control environment and the
controls in place at the fund
2:14
Rationale:
11. Audit approach response to identified risks (provide approach about any controls/systems
reliance and the approach for the risks identified) consider nature, extent, timing and resources
12. Sign-off
I confirm the audit plan and proposed approach is appropriate for the audit, based on the risks identified,
understanding of the fund and systems and controls assessment.
___________________________________
_______________________________________
________________
[Audit partner]
[Signed]
[Date]
2:15
2:17
2:18
or
The following breaches of the SIS Act were identified in the conduct of our Audit:
Breach
Event
Breach detected
Relevant SIS
legislation
1.
Details of event
Details of breach
detected
Relevant section
breached
Rectified as at or
No
Not rectified
Yes
or
The following material audit adjustments were identified/carried out during our Audit.
In the course of our audit, we did not detect any instances of Non Compliance;
or
In the course of our audit, we identified the following instances of Non Compliance:
Breach
Suggested actions
1.
We did not identify any significant administration issues in the conduct of our Audit;
or
The following administration issues were identified in the conduct of our Audit and recommend as follows:
Issue
Matter
Recommendation
1.
2:19
2:20
2:21
Test
1.
2.
Planning
1.
2.
Has the trust deed been amended since our last audit?
If so, perform the following:
ensure the deed amendment has been properly executed;
consider obtaining confirmation of deed compliance with relevant
SIS and CA regulations from solicitor or other party involved in the
amendment;
ensure you are familiar with the provisions of the new deed (using
Appendix 4 of GS009).
3.
4.
Determine whether:
there are any outstanding requests from regulatory bodies;
there are any issues which are currently being considered by
regulatory bodies, e.g. the ATO;
a notice of non-compliance has been issued by any regulatory bodies.
2:22
Performed by
W/P
Test
5.
Performed by
W/P
Risk assessment
+ Current period events.
+ Fraud risks.
+ Control environment.
+ Computer/IT environment.
+ Compliance environment.
Materiality
+ Financial audit.
+ Compliance engagement.
The results of this should be documented in the audit plan.
6.
7.
Fraud
Consider the potential of fraud
Two types of fraud are relevant to financial statement audits:
1. fraudulent financial reporting;
2. misappropriation of assets.
Document the fraud risk factors in place at the entity.
Review journals for unusual/large amounts:
Consider whether business conditions and the clients key
executives/trustees motivations create an environment that is
conducive to fraud.
Consider incentives/pressures and opportunities for management or
employees.
Consider management or employee attitudes towards the internal
control environment.
This should be done at fund level and at individual application/process
level.
2:23
Test
8.
Audit plan
Performed by
W/P
Done by
and date
W/P ref/
notes
Prepare an audit plan (which incorporates the audit strategy) for this
engagement addressing, as a minimum, the following matters:
Client profile, audit and reporting arrangements.
Audit approach:
+ Nature:
Controls testing, including use of service organisations
controls reports;
Substantive testing inspection, observation, enquiry,
confirmation, recalculation, reperformance and analytical
review.
+ Timing.
+ Extent fully substantive, sampling, analytical review or
representations.
+ Resources, including extent of direction and supervision.
Consider interviewing the trustees and/or their advisors, reviewing the
draft financial report and the minutes prior to and during the development
of the audit plan.
Statement of financial position/Balance sheet assets
Ref
Test
Cash
1.
Confirm ownership of the bank accounts from the bank statement to the
SMSF for each bank account held.
2.
3.
Review bank statements for the year. Has the fund had a debit balance at
any time during the period?
4.
Test large and unusual cash payments and receipts to ensure these are
bona fide and correctly recorded and authorised.
5.
6.
2:24
Test
7.
Where banking activities are material to the audit and you are unable to
gain sufficient, appropriate audit evidence, confirm the bank balance by
way of a bank audit certificate.
Done by
and date
W/P ref/
notes
Does the bank audit certificate show any evidence of the following:*
debit account balances;
other liabilities to the bank and security for these;
unused limits or facilities;
charges held over account(s).
* If you have answered yes to these questions, consider whether
borrowings have been made or there are liens ver assets which may
contravene SIS.
D
Contributions receivable
1.
2.
3.
1.
If the SMSF uses accrual accounting, review each investment class and
determine if the SMSF was entitled to receive income for the year and if
this had been received or accrued at reporting date.
2.
3.
Verify that the receivable is current and has been received by the SMSF
subsequent to period end or that it will be received by the SMSF.
4.
If the amount is receivable from a related party, check that the disclosures
are appropriate.
Investments
All investments of the superannuation fund should be in accordance with the investment strategy developed
under SIS, and should satisfy the provisions of the trust deed and the sole purpose test.
Where the name of the investment holder does not stipulate that the investment is held by XX (trustee) in trust
for YY (superannuation fund), sight declaration of trust or other documentation to ensure ownership lies with the
fund.
2:25
Test
1.
2.
3.
4.
5.
2:26
Done by
and date
W/P ref/
notes
Test
Done by
and date
W/P ref/
notes
7.
2:27
Test
Identify the valuation method used and test the value by:
+ Assessing whether the method and valuation process were
reasonable and the valuation is current.
+ Obtaining documentary evidence to support the valuation.
+ Verifying that the method used to value the investments is
consistent with that disclosed in the accounting policy notes.
Review the assets and liabilities of the unit trust and test for existence
and valuation and allocation:
+ in the case of listed shares, by obtaining a current share certificate
and a third party valuation).
+ in the case of a property, by obtaining a current title search and a
third party valuation.
If the SMSF invested or redeemed units during the period, trace
transactions to and/or from the SMSF to confirm that they have been
dealt with in an appropriate and timely manner.
8.
9.
2:28
Done by
and date
W/P ref/
notes
Test
10.
Done by
and date
W/P ref/
notes
2:29
Test
If sold to a related party, that it was sold at market value.
That the method used to value the property is reasonable and
consistent with that disclosed in the accounting policy notes.
The assumptions on which the valuation is based are reasonable and
the valuation is current.
Property
1.
2:30
Done by
and date
W/P ref/
notes
Test
Accounts payable
1.
Done by
and date
W/P ref/
notes
Taxation
1.
2.
Obtain the tax work papers including the reconciliation of prima facie tax
to the tax provision (including all temporary differences) if applicable, and
proof of deferred tax balances, and reference all amounts back to the
audit work papers.
3.
2:31
Test
4.
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
imputation credits;
foreign tax credits;
TFN credits.
5.
6.
Has the fund transferred its liability for tax on taxable contributions?
If so:
obtain section 275 notice and ensure notice has been signed prior to
lodgement of the tax return.
Test
Income
NONCONTRIBUTIONS INCOME
1.
2.
2:32
Test
Done by
and date
W/P ref/
notes
CONTRIBUTIONS
1.
2.
Test accuracy of contribution rates and compliance with the trust deed as
follows:
for member contributions agree to total of payroll deductions;
for member contributions on a sample basis test amounts remitted
for employees by reference to payroll records indicating members
salaries and contribution rates;
for employer contributions test to sponsoring employer cash
payments or obtain employer confirmation;
for employer contributions on a sample basis test for compliance with
SGC, award obligations and trust deed requirements;
for employer contributions to defined benefit funds ensure funding is
in accordance with the rates recommended by the actuary;
ensure the funding note in the financial statements accurately reflects
actual contribution rates.
3.
Where co-contributions have been received test that they have been
allocated to the member for whom they were remitted. Ensure that the
Trust Deed allows contributions from Government.
4.
5.
2:33
Test
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Test
Expenses
1.
2.
3.
Benefits
1.
Lump sums
Obtain a listing of all benefits paid and reconcile benefits paid
between general ledger and bank statement.
For each benefit paid, review documentation including
correspondence to the members and rollover institutions and ensure
that the benefit was duly authorised.
Confirm that each benefit was paid in accordance with the terms of
the trust deed.
2:34
Test
Done by
and date
W/P ref/
notes
Pension payments
Sight documentation (member request and trustee minutes confirming
members request for pension) and trustee acknowledgement and
agreement to pay pension.
Ensure that pensions paid are within the minimum and maximum
thresholds and that pensions are paid at least once annually.
Investigate liabilities at year end to ensure that pensions have been
paid, and not just accrued.
Review the terms of the pensions to ensure that the pensions have
been calculated and paid in accordance with these terms.
Trace pension payments to bank statements.
2:35
Test
Reserves
1.
Taxation
1.
Review tax work papers to ensure that the income tax is correctly
calculated and disclosed in accordance with the accounting policies,
including:
Member contributions have been treated correctly as non-assessable
unless the SMSF received a notice in accordance with section
290-170 of the ITAA 1997 stating that the member contribution is
assessable.
Capital gains from the disposal of PSTs and insurance policies have
been excluded from taxable income.
Fee rebates and other income from PSTs have been excluded from
taxable income.
Income from assets used to pay current pensions is identified as not
assessable and an actuarial certificate has been obtained to apportion
the income, if required.
The non-assessable pension income proportion has been correctly
applied to income but not contributions.
Completion
1.
Financial statements
Does the financial report includes an operating statement and
statement of financial position.
Do the table of contents or index agrees to the financial report,
including the page numbers and content.
Do the footnotes refer to the notes to the financial statements and do
not mention compilation reports or unaudited information.
Is the audit report is situated appropriately in the financial report so
as not to suggest that the members statements or other information
have been audited.
Have the assets and liabilities been presented in the broad order of
the liquidity?
Do comparatives agree to prior year audited financial statements?
Do the financial statements add up correctly, including notes?
Has cross referencing of notes and page numbering been checked?
Have notes to the financial statements been audited and appropriate
disclosures made?
Have disclosures within the notes to the financial statements been
prepared in accordance with accounting standards as applied by the
fund?
2:36
Done by
and date
W/P ref/
notes
Test
2.
Done by
and date
W/P ref/
notes
Obtain a copy of the SMSFs trial balance and general ledger and agree
the trial balance to the financial report and note any discrepancies.
4.
Review the general ledger and identify material journal entries and other
adjustments and review these to ensure that they are reasonable and
consistent with the financial report.
5.
Accounting policies
If the SMSF is not a reporting entity, check that the accounting policy
notes reflect this, obtain an understanding of the relevant accounting
policies the trustee has used to prepare the financial report and check
that the accounting policy notes adequately explain the policies
adopted.
Determine if there are any changes in the accounting policies applied
in prior periods, and if so, check that these been appropriately
disclosed in the accounting policy notes.
6.
Going concern
Review all circumstances, investments, transactions and other matters
from the audit to assess if the SMSF is a going concern.
7.
Subsequent events
Identify any subsequent events which would affect the financial report
of the current or future periods.
Test receipts and payments after reporting date to ensure correct cut
off of contributions, benefits, income and expenses.
Check for significant fluctuations in investment valuations after period
end.
8.
Related parties
If there have been any transactions with related parties, ensure that these
matters have been appropriately addressed and reported in accordance
with the accounting policies adopted by the SMSF.
9.
2:37
Test
10.
11.
Have all matters of governance interest, if any, arising from the audit are
communicated to the trustees on a timely basis, including:
Uncorrected misstatements aggregated by the auditor during the
audit that were determined by the trustees to be immaterial, both
individually and in the aggregate, to the financial report taken as a
whole.
See Appendix 2D for an example management letter template.
2:38
Done by
and date
W/P ref/
notes
2:39
Explanation
S17A
S35A
The trustees must keep and maintain accounting records for a minimum of five years
S35B
S35C(2)
The trustees must provide the auditor with the necessary documents to complete the audit in
a timely and professional manner; and within 14 days of a written request from the auditor
S52(2)(d)
or Reg 4.09A
The assets of the SMSF must be held separately from any assets held by the trustee
personally or by a standard employer sponsor or an associate of the standard employer
S52 (2)(e)
The trustee must not enter into a contract that would prevent / hinder them from exercising
the powers of a trustee
S62
The fund must be maintained for the sole purpose of providing benefits to fund members
upon their retirement, or upon reaching a prescribed age, or to the dependents in the case of
a members death before retirement
S65
The trustees must not loan monies or provide financial assistance to any member or relative
at any time during the financial year
S66
The trustees must not acquire any assets (not listed as an exemption) from any member or
related party of the fund
S67
The trustees of the fund must not borrow any money or maintain an existing borrowing (not
listed as an exemption)
S67A-67B
S69-71E
Outline of the in-house asset rules that trustees must follow. (These relate to transactions of
any kind with a related party of the fund)
S73-75
Outline of the manner in which in-house assets must be valued by trustees (arms length
market value)
S80-85
S103
The trustees must keep minutes of all meetings and retain the minutes for a minimum of
10 years
S104A
Trustees who became a trustee on or after 1 July 2007 must sign and retain a trustee
declaration
S109
All investment transactions must be made and maintained at arms length - ie purchase, sale
price and income from an asset reflects a true market value/rate of return
S126K
Pension payments must be made at least annually and must be at least the amount
calculated under clause 2 of Schedule 7
Reg 4.09
Reg 5.03
Investment returns must be allocated to members in a manner that is fair and reasonable
Reg 5.08
Member benefits must be maintained in the fund until transferred or cashed out in a
permitted fashion
Reg 6.17
Payments must be made in accordance with Part 6 of the regulations and be permitted by
the trust deed
Reg 7.04
Contributions must be accepted in accordance with the applicable rules for the year being
audited
2:40
Explanation
Reg 13.12
Reg 13.13
Reg 13.14
Trustees must not give a charge over, or in relation to, an asset of the fund
Reg 13.18AA
Investments in collectables and personal use assets must be maintained in accordance with
prescribed rules.
2:41
3:2
3:2
3:2
3:3
3:3
3:3
3:4
Reporting
3:6
3:6
3:7
Appendices 3:8
Appendix 3A Summary requirements of each Incorporated Associations legislation
3:9
Audit appendices:
3:21
3:21
3:24
3:36
3:39
3:43
Review appendices:
3:44
3:44
3:46
3:57
3:60
Key definitions
Association
An association, society, club, institution or body formed or carried on for any lawful purpose,
which has no fewer than five members.
Incorporated
association
Unincorporated A number of people grouped together by a common purpose with club-like characteristics,
for example, a sporting club, social club or trade union. They have the following
association
characteristics:
there are members of the association;
the members will normally be free to join or leave the association;
3:2
3:3
Risks
Completeness.
Accuracy.
Cash balances
Cutoff.
Rights and obligations.
Completeness.
Accuracy of sales.
Valuation of receivables.
Revenue recognition policy is
not appropriate significant risk. Tested as part of the revenue,
receivables and cash programs.
Receivables are recoverable.
Occurrence.
Cut-off.
Risks
Existence.
Grant income
What grants are received by the
Association?
What are the terms and
conditions of the grant?
Has there been any breach of
any terms/conditions during the
year?
Accuracy.
Cut-off.
Tested in the grant funds program.
Completeness.
Cut-off.
Existence.
Accuracy.
Purchases/payments are
recorded in the wrong period.
Recorded creditors do not
represent all amounts owed
for goods and services by the
Association.
3:5
Risks
Accuracy.
Improper or unauthorized
amounts are paid.
Existence.
Payroll
How many staff are on the
payroll?
What is the system for:
+ Adding new employees
+ Removing employees
+ Changing details of
employees
+ Processing the payroll
+ Calculating leave
entitlements.
Investments
Why does the Association hold
its investments:
+ Annual income?
+ Long term capital growth?
+ Invest short-term funds?
What investments are held?
Who manages the investments?
Has there been any sales/
purchases of investments during
the reporting period?
Valuation.
Completeness.
All investments which are owned Rights and obligations.
by the Association are recorded.
Tested in the investments program.
Profit/loss on sale have not been
recorded correctly.
Changes in market value
have not been accounted for
correctly.
Inventory
What inventory is held by the
Association?
What is the inventory used for
i.e. given away or sold?
How is the inventory valued?
Inventory is over-valued.
Valuation.
Existence.
Reporting
Annual reporting requirements
The reporting requirements of an unincorporated association will be detailed in the associations individual
constitution and will vary from one association to another. Typically, the following information will be required to be
submitted to the members at the annual general meeting:
a statement of receipts and payments or a statement of income and expenditure during the financial year;
a statement of assets and liabilities at the end of the financial year; and
a presidents report and a treasurers report for the financial year.
Examples of the reporting requirements for each state and territory under the respective associations incorporation
Acts are included in Appendix 3A.
3:6
3:7
3:8
Financial report
format and contents
Mandatory audit
Auditor
3:9
An auditor must for a prescribed association, in a report under this section, state:
a) whether the accounts are in the auditors opinion properly drawn up:
i. so as to give a true and fair view of matters required by section 72 (2) to be
dealt with in the accounts; and
ii. in accordance with the provisions of this Act; and
iii. in accordance with proper accounting standards.
Timing of AGM
Annual return
lodgement timing
Tiers of Associations
Tier 1 Association
Gross annual receipts > $250,000 or
Current assets (assets other than real property or assets capable of depreciation)
> $500,000.
Tier 2 Association
NSW Incorporated Association which is not a Tier 1 association.
Financial report
format and contents
3:10
Contingent on size.
Mandatory audit for Tier 1 associations, i.e. with:
gross annual receipts > $250,000
current assets (assets other than real property and capable of depreciation) >
$500,000.
Auditor
3:11
Timing of AGM
Tiers
Financial report
format and contents
The statement of accounts must not be misleading and must give a true and fair
account of:
income and expenditure
assets and liabilities
mortgages, charges or other securities of any description affecting property of the
association
the information above for each trust of which the association was the trustee.
Report of the committee including:
names of committee members throughout the year and at reporting date, if
different
principal activities and any significant changes in activities in the year and
net profit/loss for the year.
Mandatory audit
3:12
Audit opinion
3:13
Queensland
Legislation
Tiers
Level 1 Association:
Current assets (i.e. total assets less property and other assets capable of
depreciation) > $100,000 or
Revenue > $100,000.
Level 2 Association:
Not a level 1 or level 3 association.
Level 3 Association:
Current assets < $20,000 OR
Revenue < $20,000.
Financial report
format and contents
Mandatory audit
Audits mandatory for all associations, except for Level 3 associations not covered by
the Collections Act 1966, Gaming Machine Act 1991 or other law.
Auditor
Tier 1 associations and Level 2 or 3 associations who are required to have an audit
under the Collections Act 1966, Gaming Machine Act 1991 or other law are required
to be audited by an Auditor or Accountant, i.e. one of the following:
CPA Australia member
Chartered Accountant
Member of the Institute of Public Accountants
Registered Company Auditor
A person who the chief executive considers has appropriate qualifications.
A Tier 2 association not subject to one of the laws covered above can be audited by
an auditor/accountant or an approved person.
A person must not audit a financial statement for an incorporated association if the
person is:
a) the secretary, or a member of the management committee, of the incorporated
association or
b) an employee of the incorporated association or
3:14
Timing of AGM
South Australia
Legislation
Prescribed
association
An association who has gross receipts > $500,000 (which is the amount prescribed
by the Regulations).
Financial report format and contents
A prescribed association is required to prepare accounts that present fairly:
Either:
+ Statement of receipts and payments based on the cash method of accounting
and a statement of assets and liabilities
or
+ Statement of income and expenditure based on the accrual method of
accounting and balance sheet
A statement made in accordance with a resolution of the committee of the
association and signed by two or more members of the committee:
i. stating whether or not:
A. the accounts present fairly the results of the operations of the association
for the financial year and the state of affairs of the association as at the end
of the financial year; and
B. the committee has reasonable grounds to believe that the association will
be able to pay its debts as and when they fall due; and
ii. giving particulars:
A. of any body corporate that is a subsidiary of the association within
the meaning of section 46 of the Corporations Act 2001 of the
Commonwealth; and
B. of any trust of which the association is a trustee.
3:15
b) whether or not, during the financial year to which the accounts relate, the
officer has received directly or indirectly from the association any payment or
other benefit of a pecuniary value, and if so the general nature and extent of
that benefit.
Mandatory audit
Auditor
CPA
CA
RCA
Other person approved by the Commission.
Auditors opinion
notwithstanding that the accounts may not have been prepared on the accrual
method of accounting and
Whether the auditor has examined the accounts and auditors reports of:
i. each body corporate that is a subsidiary of the association within the meaning of
section 46 of the Corporations Act 2001 of the Commonwealth and
ii. each trust of which the association is a trustee
and the conclusions drawn from the examination, and
Whether the auditor has obtained all of the information and explanations that he or
she required from the association.
Timing of AGM
3:16
Financial report
format and contents
Mandatory audit
Yes, although an association can seek an exemption from the audit requirement if:
the association has total revenue in any financial year of $40,000 or less
total assets of $40,000 or less not including real property such as land and real
estate
a three quarter majority of members have voted in favour of not having the
associations accounts audited
the association has provision in their rules for a minimum number of members to
requisition a special general meeting. Section 12(2) of the model rules reads: The
committee, on the requisition in writing of at least 10 members of the Association,
is to convene a special general meeting of the Association.
Auditor
Audit opinion
Timing of AGM
Within 6 months of the end of the reporting period (or 3 months if not otherwise
stated in the Associations constitution).
Prescribed
association
3:17
Mandatory audit
Auditor
Timing of AGM
Tiers of Association
Financial reporting
and contents
3:18
Auditor
Audit opinion
Timing of AGM
Western Australia
Note: The WA Associations Incorporation Act 1987 is under review. A draft Associations Incorporation Bill 2006
had not yet been enacted at the time of publication. Please check for updates prior to using this information.
Legislation
Financial report
format and contents
Mandatory audit
3:19
N/A.
Timing of AGM
3:20
3:23
2. Select a sample of receipts from the cash receipts book and test as
follows:
i. agree details to supporting documentation
ii. ensure the receipt is classified correctly and is in accordance with the
associations special rules, i.e. it is for bona fide purposes only
iii. agree amounts to stamped bank deposit slips and trace through to
bank statements.
3. Agree other income, e.g. donations, interest received to supporting
documentation.
4. Assess reasonableness of subscription income by reference to
membership numbers and annual subscriptions.
5. Review all minutes of meetings in respect of financial matters and
document matters of audit significance in relation to donations and
pledges, whether in cash or kind, and ensure they are appropriately
recognised in the financial report.
6. Additional procedures deemed necessary to obtain sufficient, appropriate
audit evidence.
3:24
Performed by
WP reference
Performed by
WP reference
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
2. Select a sample of payments made from the cash payments book and
test as follows:
i. agree to supporting documentation, i.e. invoice, supplier statement
etc.
ii. trace evidence of delivery/receipts of goods
iii. ensure the payment is authorised by the committee and is in
accordance with the associations constitution, i.e. it is for bona fide
purposes only
iv. trace amounts through to bank statements
v. consider appropriateness of account classification
vi. trace cash payments book to financial records.
3. Review the cash payments book for any large and unusual items and
assess overall reasonableness of the payment.
YES / NO
YES / NO
YES / NO
YES / NO
3:25
Performed by
WP reference
4. If reliance has not been placed on any internal controls over cash, then
a selection of cash transactions during the period should be traced to
supporting documentation.
5. Where petty cash balances are material, verify the balance at the end of
the reporting period.
6. Additional procedures needed as determined by the auditor to obtain
sufficient, appropriate audit evidence.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Grant monies
1. Discuss with management, details of funds received from government
and obtain and review a copy of the funding agreements.
2. Discuss with management and review appropriate supporting
documentation to determine whether conditions associated with the
grant have been met.
3. Review the accounting policy for grant accounting:
Confirm this is in accordance with the appropriate accounting
standard
Confirm that the policy is being followed.
3:26
Performed by
WP reference
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
YES / NO
YES / NO
YES / NO
Receivables/prepayments
Performed by
WP reference
3:27
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Investments
1. Confirm whether the investments have been classified appropriately as
either fair value through profit or loss or available for sale.
If fair value, then ensure the recorded value reflects fair value at the end of
the reporting period.
3:28
Performed by
WP reference
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Inventory
Performed by
WP reference
2. If inventory is material:
Attend the stocktake
Perform test counts and agree with client counts
Inspect stock for slow-moving and obsolete items.
3. Obtain final stock listing and check additions and extensions and tie in to
test counts performed during the stocktake.
3:29
Performed by
WP reference
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
YES / NO
YES / NO
YES / NO
YES / NO
WP reference
Performed by
WP reference
1. Obtain a list of trade creditors and agree balance to general ledger and
trial balance.
2. Select a sample of outstanding trade creditors at year end and vouch
to supporting documentation, i.e. supplier statements, invoices etc.,
ensuring that any reconciling items are appropriate.
3. Investigate large, irregular, old, disputed and debit balances.
4. Vouch significant other creditor balances to supporting documentation.
5. Check and review the calculations of significant year end accruals.
6. Perform an unrecorded liabilities testing as follows:
i. review payments subsequent to year end
ii. review unpaid invoices on hand.
7. Review:
i. classification and description of amounts
ii. accounting principles for appropriateness and consistency.
8. Additional procedures needed as determined by the auditor to obtain
sufficient, appropriate audit evidence.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Payroll
Performed by
WP reference
Note any weaknesses and report them to the client, together with
recommendations. Consider audit implications.
3:31
Performed by
WP reference
4. Obtain the calculations for leave entitlements, i.e. annual leave and long
service leave.
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
YES / NO
YES / NO
YES / NO
YES / NO
3:32
WP reference
Performed by
WP reference
1. Minutes of meetings
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
1. Discuss with client and review minutes for the period from reporting
date to auditors report date to determine whether any material events
have occurred which would require an adjustment to the accounts or
disclosure by way of a note to the accounts.
2. Review the cash payments, cash receipts book and general journals
after year end for significant and unusual items which could require an
adjustment to the accounts.
3. Additional procedures needed as determined by the auditor to obtain
sufficient, appropriate audit evidence.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Going concern
Performed by
YES / NO
YES / NO
YES / NO
YES / NO
3:34
WP reference
Performed by
WP reference
3:35
3 The sign-offs included in this letter are examples only. The audit manager/partner should consider the most appropriate
personnel to sign the representation letter.
3:38
_____________________________________
[Signature]
Certified Practising Accountant
[partner name]
Partner
___________________
[Date]
______________________________________
[Auditors address]
3:40
_____________________________________
[Signature]
Certified Practising Accountant
[partner name]
Partner
___________________
[Date]
______________________________________
[Auditors address]
3:42
3:43
3:44
3:45
3:46
Performed by
WP reference
Performed by
WP reference
3:47
Performed by
WP reference
Conclusion
Program completed?
YES / NO
YES / NO
YES / NO
YES / NO
Cash
Performed by
WP reference
Obtain the bank reconciliations. Enquire about any old or unusual reconciling
items with client personnel to assess reasonableness.
Enquire about transfers between cash accounts for the period before and
after the review date.
Enquire whether there are any restrictions on cash accounts.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Inventories
Performed by
WP reference
3:49
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Investments
Performed by
YES / NO
YES / NO
YES / NO
YES / NO
3:50
WP reference
Performed by
WP reference
Obtain a schedule of the property, plant and equipment indicating the cost
and accumulated depreciation and determine whether it agrees with the trial
balance.
Enquire about the accounting policy applied regarding residual values,
provisions to allocate the cost of property, plant and equipment over
their estimated useful lives using the expected pattern of consumption
of the future economic benefits and distinguishing between capital and
maintenance items. Consider whether there are any indicators of impairment
and whether the property, plant and equipment have suffered a material,
permanent impairment in value.
Discuss with management the additions and disposals to property, plant
and equipment accounts and accounting for gains and losses on disposals
or de-recognition. Enquire whether all such transactions have been properly
accounted for.
Enquire about the consistency with which the depreciation method and rates
have been applied and compare depreciation provisions with prior years.
Enquire whether there are any restrictions on the property, plant and
equipment.
Enquire whether lease agreements have been properly reflected in the
financial report in conformity with current accounting pronouncements.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Loans payable
Performed by
WP reference
3:51
Performed by
WP reference
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Trade payables
Performed by
Enquire about the accounting policies for initially recording trade payables
and whether the entity is entitled to any allowances given on such
transactions.
Obtain and consider explanations of significant variations in account
balances from previous periods or from those anticipated.
Obtain a schedule of trade payables and determine whether the total agrees
with the trial balance.
Enquire whether balances are reconciled with the creditors statements and
compare with prior period balances. Compare turnover with prior periods.
Consider whether there could be material unrecorded liabilities.
Enquire whether payables to shareholders, those charged with governance
and other related parties are separately disclosed.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
3:52
WP reference
Performed by
WP reference
Obtain a schedule of other liabilities and determine whether the total agrees
with the trial balance.
Compare major balances of related expense accounts with similar accounts
for prior periods.
Enquire about approvals for such other liabilities, terms of payment,
compliance with terms, collateral and classification.
Enquire about other liabilities to assess whether the methodology and
assumptions adopted are consistent with prior periods. Enquire whether
there are any unusual trends and developments affecting accounting
estimates.
Enquire as to the nature of amounts included in contingent liabilities and
commitments.
Enquire whether any actual or contingent liabilities exist which have not
been recognised in the accounts. If so, enquire with management and/or
those charged with governance whether provisions need to be made in the
accounts or whether disclosure should be made in the notes to the financial
report.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Operations
Performed by
WP reference
Compare results with those of prior periods and those expected for the
current period.
Discuss significant movements/variations with management.
Discuss whether the recognition of major revenue and expense items have
taken place in the appropriate periods.
Enquire about the policies and procedures related to accrued revenue and/
or expenses.
Consider and discuss with management the relationship between related
items in the revenue accounts and assess the reasonableness thereof in
the context of similar relationships for prior periods and other available
information.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
Enquire from management as to the tax status of the entity. If there were
any events, including disputes with taxation authorities, which could have a
significant effect on the taxes payable by the entity. Examine correspondence
in relation to any significant matters arising and assess whether events have
been reflected appropriately in the financial report.
If the entity is not tax exempt, consider the tax expense in relation to the
entitys income for the period.
Enquire from management as to the adequacy of the recognised deferred
and current tax assets and/or liabilities including provisions in respect of prior
periods, if applicable.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Subsequent events
Performed by
Obtain from management the latest financial report and compare it with the
financial report being reviewed or with those for comparable periods from the
preceding year.
Enquire about events after the end of the reporting period that would have a
material effect on the financial report under review and, in particular, enquire
whether:
any substantial commitments or uncertainties have arisen subsequent to
the end of the reporting period;
any significant changes in the share capital, long-term debt or working
capital have occurred up to the date of enquiry; and
any unusual adjustments have been made during the period between the
balance sheet reporting date and the date of enquiry.
Consider the need for adjustments or disclosure in the financial report.
Obtain and read the minutes of meetings of shareholders, those charged
with governance and appropriate committees subsequent to the balance
sheet date and consider any impact of the financial report and disclosures.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
3:54
WP reference
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
YES / NO
YES / NO
YES / NO
3:55
Performed by
WP reference
Performed by
WP reference
Performed by
WP reference
Written representations
Obtain written representation from the directors/management/those charged
with governance (as appropriate) to confirm matters arising during the course
of the review engagement.
Documentation
Ensure that review documentation is sufficient and appropriate to provide a
basis for the conclusion and to provide evidence of compliance with ASRE
2410 or ASRE 2400.
3:56
______________________________________
[Signature]
Certified Practising Accountant
[Partner name]
Partner
______________________________________
[Date]
______________________________________
[Address]
10 Or identify the individual component of the financial report when appropriate.
11 Insert the relevant persons, e.g. committee, members.
3:57
______________________________________
[Signature]
Certified Practising Accountant
[Partner name]
Partner
______________________________________
[Date]
______________________________________
[Address]
3:59
4. Audit or review of a
company limited by
guarantee
4. Audit or review of a company limited by guarantee
4:2
4:2
4:2
4:2
4:3
Reporting
4:6
4:6
4:6
Appendices 4:8
Audit appendices:
4:9
4:9
4:12
4:24
4:27
4:31
Review appendices:
4:32
4:32
4:34
4:45
4:48
Obligations
Relevant Corporations
Act sections
Company limited by
guarantee with annual
revenue or, if part of
a consolidated entity,
annual consolidated
revenue of less than $1
million.
Company limited by
guarantee with annual
revenue or, if part of
a consolidated entity,
annual consolidated
revenue of $1 million or
more.
4:3
Risks
Completeness
Accuracy
Cash balances
Cutoff
Rights and obligations.
Completeness
Accuracy of sales
Occurrence
Cut-off
Valuation of receivables.
Tested as part of the revenue,
receivables and cash programs.
4:4
Existence
Accuracy
Cut-off.
Tested in the grant funds program.
Risks
Completeness
Cut-off
Existence
Accuracy.
Purchases/payments are
recorded in the wrong period
Recorded creditors do not
represent all amounts owed
for goods and services by the
Company.
Existence
Valuation
Rights and obligations.
Tested in the property, plant and
equipment program.
Accuracy
Improper or unauthorized
amounts are paid
Existence.
Changing details of
employees?
Processing the payroll?
Calculating leave
entitlements?
What is the process for
purchasing items/paying
reimbursements to volunteers?
4:5
Risks
Valuation
Investments
Why does the Company hold its
investments:
Annual income?
Long term capital growth?
Invest short-term funds?
What investments are held?
Who manages the investments?
Has there been any sales/
purchases of investments during
the reporting period?
Completeness
All investments which are owned Rights and obligations.
by the Company are recorded
Tested in the investments program.
Profit/loss on sale have not been
recorded correctly
Changes in market value
have not been accounted for
correctly.
Inventory
What inventory is held by the
Company?
What is the inventory used for
i.e. given away or sold?
How is the inventory valued?
Inventory is over-valued
Valuation
Existence.
Reporting
Annual reporting requirements
A company limited by guarantee, which is not a small company, is required to lodge a copy of the financial reports,
Directors report and Auditors report to both the Members (who elect to receive a copy) and to ASIC in accordance
with the timeframes below.
Reporting to
Timeframe
Members
Members can elect to receive either a hard copy or electronic copy of the
financial reports, Directors report and Audit report.
The company must send the reports to members by the earlier of:
21 days before the Annual General Meeting or
4 months after the end of the financial year.
ASIC
Audited financial reports to be lodged with ASIC within 4 months after the
end of the financial year.
4:7
4:8
4:10
4:11
2. Select a sample of receipts from the cash receipts book and test as
follows:
i. agree details to supporting documentation
ii. ensure the receipt is classified correctly and is in accordance with
the Companys special rules and constitution, i.e. it is for bona fide
purposes only
iii. agree amounts to stamped bank deposit slips and trace through to
bank statements.
3. Agree other income, e.g. donations, interest received to supporting
documentation.
4. Assess reasonableness of subscription income by reference to
membership numbers and annual subscriptions.
5. Review all minutes of meetings in respect of financial matters and
document matters of audit significance in relation to donations and
pledges, whether in cash or kind, and ensure they are appropriately
recognised in the financial report.
6. Additional procedures deemed necessary to obtain sufficient, appropriate
audit evidence.
4:12
Performed by
WP reference
Performed by
WP reference
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
2. Select a sample of payments made from the cash payments book and
test as follows:
i. agree to supporting documentation, i.e. invoice, supplier statement
etc.
ii. trace evidence of delivery/receipts of goods
iii. ensure the payment is authorised by the committee and is in
accordance with the Companys constitution, i.e. it is for bona fide
purposes only
iv. trace amounts through to bank statements
v. consider appropriateness of account classification
vi. trace cash payments book to financial records.
3. Review the cash payments book for any large and unusual items and
assess overall reasonableness of the payment.
YES / NO
YES / NO
YES / NO
YES / NO
4:13
Performed by
WP reference
4. If reliance has not been placed on any internal controls over cash, then
a selection of cash transactions during the period should be traced to
supporting documentation.
5. Where petty cash balances are material, verify the balance at the end of
the reporting period.
6. Additional procedures needed as determined by the auditor to obtain
sufficient, appropriate audit evidence.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Grant monies
1. Discuss with management, details of funds received from government
and obtain and review a copy of the funding agreements.
2. Discuss with management and review appropriate supporting
documentation to determine whether conditions associated with the
grant have been met.
3. Review the accounting policy for grant accounting:
Confirm this is in accordance with the appropriate accounting
standard
Confirm that the policy is being followed.
4:14
Performed by
WP reference
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
YES / NO
YES / NO
YES / NO
Receivables/prepayments
Performed by
WP reference
4:15
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Investments
1. Confirm whether the investments have been classified appropriately as
either fair value through profit or loss or available for sale.
If fair value, then ensure the recorded value reflects fair value at the end of
the reporting period.
Performed by
WP reference
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Inventory
Performed by
WP reference
2. If inventory is material:
Attend the stocktake
Perform test counts and agree with client counts
Inspect stock for slow-moving and obsolete items.
3. Obtain final stock listing and check additions and extensions and tie in to
test counts performed during the stocktake.
4:17
Performed by
WP reference
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
YES / NO
YES / NO
YES / NO
YES / NO
WP reference
Performed by
WP reference
1. Obtain a list of trade creditors and agree balance to general ledger and
trial balance.
2. Select a sample of outstanding trade creditors at year end and vouch
to supporting documentation, i.e. supplier statements, invoices etc.,
ensuring that any reconciling items are appropriate.
3. Investigate large, irregular, old, disputed and debit balances.
4. Vouch significant other creditor balances to supporting documentation.
5. Check and review the calculations of significant year end accruals.
6. Perform an unrecorded liabilities testing as follows:
i. review payments subsequent to year end
ii. review unpaid invoices on hand.
7. Review:
i. classification and description of amounts
ii. accounting principles for appropriateness and consistency.
8. Additional procedures needed as determined by the auditor to obtain
sufficient, appropriate audit evidence.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Payroll
Performed by
WP reference
Note any weaknesses and report them to the client, together with
recommendations. Consider audit implications.
4:19
Performed by
WP reference
4. Obtain the calculations for leave entitlements, i.e. annual leave and long
service leave.
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
YES / NO
YES / NO
YES / NO
YES / NO
4:20
WP reference
Performed by
WP reference
1. Minutes of meetings
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
1. Discuss with client and review minutes for the period from reporting
date to auditors report date to determine whether any material events
have occurred which would require an adjustment to the accounts or
disclosure by way of a note to the accounts.
2. Review the cash payments, cash receipts book and general journals
after year end for significant and unusual items which could require an
adjustment to the accounts.
3. Additional procedures needed as determined by the auditor to obtain
sufficient, appropriate audit evidence.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Going concern
Performed by
YES / NO
YES / NO
YES / NO
YES / NO
4:22
WP reference
Performed by
WP reference
4:23
3 The sign-offs included in this letter are examples only. The audit manager/partner should consider the most appropriate
personnel to sign the representation letter.
4:26
4 This paragraph should be deleted if the audit report is not being included on the entitys website.
4:27
4:28
[Partner name]
Partner
5 This paragraph should be deleted if the audit report is not being included on the entitys website.
4:29
4:30
[Partner name]
Partner
4:31
4:32
4:33
4:34
Performed by
WP reference
Performed by
WP reference
4:35
Performed by
WP reference
Conclusion
Program completed?
YES / NO
YES / NO
YES / NO
YES / NO
Cash
Performed by
WP reference
Obtain the bank reconciliations. Enquire about any old or unusual reconciling
items with client personnel to assess reasonableness.
Enquire about transfers between cash accounts for the period before and
after the review date.
Enquire whether there are any restrictions on cash accounts.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Inventories
Performed by
WP reference
4:37
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Investments
Performed by
YES / NO
YES / NO
YES / NO
YES / NO
4:38
WP reference
Performed by
WP reference
Obtain a schedule of the property, plant and equipment indicating the cost
and accumulated depreciation and determine whether it agrees with the trial
balance.
Enquire about the accounting policy applied regarding residual values,
provisions to allocate the cost of property, plant and equipment over
their estimated useful lives using the expected pattern of consumption
of the future economic benefits and distinguishing between capital and
maintenance items. Consider whether there are any indicators of impairment
and whether the property, plant and equipment have suffered a material,
permanent impairment in value.
Discuss with management the additions and disposals to property, plant
and equipment accounts and accounting for gains and losses on disposals
or de-recognition. Enquire whether all such transactions have been properly
accounted for.
Enquire about the consistency with which the depreciation method and rates
have been applied and compare depreciation provisions with prior years.
Enquire whether there are any restrictions on the property, plant and
equipment.
Enquire whether lease agreements have been properly reflected in the
financial report in conformity with current accounting pronouncements.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
4:39
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Trade payables
Performed by
Enquire about the accounting policies for initially recording trade payables
and whether the entity is entitled to any allowances given on such
transactions.
Obtain and consider explanations of significant variations in account
balances from previous periods or from those anticipated.
Obtain a schedule of trade payables and determine whether the total agrees
with the trial balance.
Enquire whether balances are reconciled with the creditors statements and
compare with prior period balances. Compare turnover with prior periods.
Consider whether there could be material unrecorded liabilities.
Enquire whether payables to shareholders, those charged with governance
and other related parties are separately disclosed.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
4:40
WP reference
Performed by
WP reference
Obtain a schedule of other liabilities and determine whether the total agrees
with the trial balance.
Compare major balances of related expense accounts with similar accounts
for prior periods.
Enquire about approvals for such other liabilities, terms of payment,
compliance with terms, collateral and classification.
Enquire about other liabilities to assess whether the methodology and
assumptions adopted are consistent with prior periods. Enquire whether
there are any unusual trends and developments affecting accounting
estimates.
Enquire as to the nature of amounts included in contingent liabilities and
commitments.
Enquire whether any actual or contingent liabilities exist which have not
been recognised in the accounts. If so, enquire with management and/or
those charged with governance whether provisions need to be made in the
accounts or whether disclosure should be made in the notes to the financial
report.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Operations
Performed by
WP reference
Compare results with those of prior periods and those expected for the
current period.
Discuss significant movements/variations with management.
Discuss whether the recognition of major revenue and expense items have
taken place in the appropriate periods.
Enquire about the policies and procedures related to accrued revenue and/
or expenses.
Consider and discuss with management the relationship between related
items in the revenue accounts and assess the reasonableness thereof in
the context of similar relationships for prior periods and other available
information.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
Enquire from management as to the tax status of the entity. If there were
any events, including disputes with taxation authorities, which could have a
significant effect on the taxes payable by the entity. Examine correspondence
in relation to any significant matters arising and assess whether events have
been reflected appropriately in the financial report.
If the entity is not tax exempt, consider the tax expense in relation to the
entitys income for the period.
Enquire from management as to the adequacy of the recognised deferred
and current tax assets and/or liabilities including provisions in respect of prior
periods, if applicable.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
Subsequent events
Performed by
Obtain from management the latest financial report and compare it with the
financial report being reviewed or with those for comparable periods from the
preceding year.
Enquire about events after the end of the reporting period that would have a
material effect on the financial report under review and, in particular, enquire
whether:
any substantial commitments or uncertainties have arisen subsequent to
the end of the reporting period;
any significant changes in the share capital, long-term debt or working
capital have occurred up to the date of enquiry; and
any unusual adjustments have been made during the period between the
balance sheet reporting date and the date of enquiry.
Consider the need for adjustments or disclosure in the financial report.
Obtain and read the minutes of meetings of shareholders, those charged
with governance and appropriate committees subsequent to the balance
sheet date and consider any impact of the financial report and disclosures.
Conclusion
Audit programs completed?
YES / NO
YES / NO
YES / NO
YES / NO
4:42
WP reference
Performed by
WP reference
YES / NO
YES / NO
YES / NO
YES / NO
Performed by
WP reference
YES / NO
YES / NO
YES / NO
4:43
Performed by
WP reference
Performed by
WP reference
Performed by
WP reference
Written representations
Obtain written representation from the directors/management/those charged
with governance (as appropriate) to confirm matters arising during the course
of the review engagement.
Documentation
Ensure that review documentation is sufficient and appropriate to provide a
basis for the conclusion and to provide evidence of compliance with ASRE
2410 or ASRE 2400.
4:44
[Partner name]
Partner
______________________________________
[Date]
______________________________________
[Address]
4:45
4:46
[Partner name]
Partner
______________________________________
[Date]
______________________________________
[Address]
4:47
5. Overview of a
compliance audit
5. Overview of a compliance audit
5:2
5:2
5:2
5:2
Ethical requirements
5:3
Quality control
5:3
Professional scepticism
5:3
5:3
5:5
Planning
5:6
Performing 5:7
Evaluate, report and wrap-up
5:7
5:2
Obtain sufficient appropriate evidence on which to base the conclusion and evaluate the impact on the
conclusion of any compliance breaches noted;
Consider the effect of events up to the date of the compliance report;
Prepare, on a timely basis, documentation that is sufficient and appropriate to provide a basis for the auditors
conclusion and evidence that the engagement was performed in accordance with ASAE 3000 and ASAE 3100;
Express a conclusion about the subject matter information.
The auditor is required to document the key elements of the compliance framework, such as procedures for
identifying, assessing and reporting compliance incidents and breaches.
Ethical requirements
The auditor is required to comply with the fundamental ethical principles of:
Integrity;
Objectivity;
Professional competence and due care;
Confidentiality;
Professional behaviour.
Additional guidance on these requirements can be found in Chapter 1 Overview of Audits and Reviews.
Quality control
The auditor is required to implement procedures to address the following elements of a quality control system that
applies to the individual engagements:
Leadership responsibilities for quality on the assurance engagement;
Ethical requirements;
Acceptance and continuance of client relationships and specific assurance engagements;
Assignment of assurance engagement teams;
Assurance engagement performance; and
Monitoring.
Further information on the quality control requirements can be found in Chapter 1 Overview of Audits and
Reviews.
Professional scepticism
A compliance audit should be planned and performed with an attitude of professional scepticism which is
discussed in detail in Chapter 1.
Documentation
The auditor is required to prepare and maintain documentation on a timely basis that provides:
A basis for their conclusion; and
Evidence that the engagement was performed in accordance with ASAE 3000 and ASAE 3100.
5:3
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Whilst the responsible party may be a user of the information, they should not be the only users, i.e. there must
be at least three parties involved in an assurance engagement. This should be acknowledged in the engagement
letter.
For example in a solicitor trust audit the solicitor is the responsible party and although they are a user, the Law
Society is also a user.
Non-compliance with ethical principles
The auditor should only accept or continue with any engagement where nothing has come to their attention to
indicate the fundamental ethical principles will not be satisfied.
This means considering whether:
Relevant ethical requirements, such as independence and professional competence will be satisfied and
The assurance engagement exhibits the following characteristics:
the subject matter is appropriate;
the criteria to be used are suitable and are available to the intended users;
the auditor has access to sufficient appropriate evidence to support the assurance practitioners conclusion;
the auditors conclusion, in the form appropriate to either a reasonable assurance engagement or a limited
assurance engagement, is to be contained in a written report; and
the auditor is satisfied that there is a rational purpose for the assurance engagement. If there is a significant
limitation on the scope of the auditors work, it may be unlikely that the assurance engagement has a
rational purpose. Also, an auditor may believe the engaging party intends to associate their name with the
subject matter in an inappropriate manner.
Also, if the party engaging the auditor (the engaging party) is not the responsible party, the auditor ordinarily
considers the effect of this on access to records, documentation and other information they may need to complete
the assurance engagement.
Competence
The auditor considers where they or the team posses the necessary professional competencies to perform the
engagement.
Engagement letter
The terms of the engagement are agreed in a letter prepared by the auditor and signed off by both parties, this
letter should refer to applicable legislation, as necessary.
The letter includes:
the objectives of the compliance engagement;
the scope of the compliance engagement; and
the suitable criteria against which compliance is measured.
5:4
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5:5
Once this understanding has been obtained then the audit can assess the appropriateness of the subject matter
and the suitability of the criteria to evaluate or measure the subject matter.
Materiality
The auditor considers materiality when planning and performing the compliance engagement and in assessing any
compliance breaches.
Materiality is applied to a compliance audit in a different way from the audit of a financial report. A compliance audit
is concerned with compliance with set requirements (such as standards or laws), rather than the misstatement of
the financial report. In assessing this compliance, the auditor is required to test transactions to ensure that they
have been dealt with and recorded in a way that is consistent with legislation.
For example, if a transaction has been recorded incorrectly then that is a breach of the legislation and therefore the
dollar value of the transaction does not matter.
ASAE 3100 defines materiality in the context of a compliance audit as:
i. in relation to potential (for risk assessment purposes) or detected (for evaluation purposes) breaches
instance(s) of non compliance that are significant, individually or collectively, in the context of the entitys
compliance with the requirements as measured by the suitable criteria, and that affect the auditors conclusion;
and/or
ii. in relation to the compliance framework and controls instance(s) of deficiency that are significant in the
context of the entitys control environment and that may raise the compliance engagement risk sufficiently to
affect the auditors conclusion.
Performing
During this phase of the audit, the auditor performs evidence-gathering procedures that are clearly linked to the
identified risks.
The procedures generally use a combination of inspection, observation, confirmation, recalculation, reperformance, analytical procedures and enquiry.
Such further evidence-gathering procedures involve substantive procedures, including obtaining corroborating
information from sources independent of the entity, and depending on the nature of the subject matter, tests of the
operating effectiveness of controls.
Where there are material deficiencies in the entitys compliance framework, the auditor assesses the impact on the
risk of non-compliance and therefore amends their procedures, as appropriate.
Evidence obtained
The audit assesses whether the audit evidence obtained is both sufficient (in respect of the quantity of the
evidence) and appropriate (the quality of the evidence).
Use of an expert
Where the auditor deems that the use of an expert is necessary then the auditor and expert should have the
combined necessary knowledge and skill to allow them to determine that sufficient, appropriate evidence has been
obtained regarding the subject matter and criteria.
Written representations
The auditor should consider whether it is necessary, or required by legislation, to obtain representation on certain
matters from management.
5:7
6:2
6:2
Purpose 6:2
Legislation 6:2
Audit approach
6:2
Audit objective
6:2
6:3
Planning 6:3
Performing
6:3
Reporting
6:4
Appendices 6:5
Appendix 6A Legislative requirements for the audit of real estate agent trust accounts
6:6
6:12
6:13
6:14
Purpose
The purpose of a compliance audit of a real estate agents trust account is to report on whether:
accounting and other records relating to trust monies have been properly kept;
there is no loss or deficiency of trust monies or failure to pay or account for trust monies; and
there has been no failure to comply with a provision of the relevant Act or Regulations.
Legislation
The rules governing the operation and audit of real estate agents trust accounts are in the relevant Acts and
Regulations in each state/territory, therefore it is necessary for the auditor to have a good understanding of the
requirements of the relevant state/territorys Act.
Appendix 6A shows the current Acts and Regulations for each state/territory and an overview of the audit
requirements.
General requirements relating to audit
Real Estate Agents must ensure that trust accounts are audited within the prescribed time frame each year. The
cost of the audit is to be borne by the agent, and is to be paid from the agents general account and not from the
trust account.
The auditor is to be allowed access to accounting records of the trust account, and also to the records and files of
the agents practice. This access is essential in ensuring that all transactions involving trust account money have
been recorded correctly.
The timing of the audit is determined by the provisions of the Act in each state and territory. The lodging of the
audit report also differs between states and territories but is generally required two, three or four months after the
year end.
Some legislation requires more than one audit visit each trust year, through unscheduled visits.
The audit of the trust account is to be performed in accordance with Australian standards on Assurance
Engagements, in particular ASAE 3000 and ASAE 3100 as discussed in Chapter 5 since the auditor is required to
form an opinion on the agents compliance or non-compliance with the relevant Act and Regulations.
Although other ASAs do not apply to assurance engagements, they may, nevertheless, provide guidance to
practitioners.
Audit approach
The audit should be performed in conjunction with the methodology described in Chapter 5, however specific
information related to the compliance audit for a real estate agent is included below.
Audit objective
The objective of the audit of a real estate agents trust account is to determine compliance with the relevant Acts
and Regulations on real estate agent trust accounts in each particular state/territory.
To achieve this objective, the auditor needs to be satisfied that trust money belonging to clients of an agent is
properly accounted for, and is only paid or applied as directed by the clients.
To be satisfied of this, the auditor must obtain sufficient audit evidence through the performance of appropriate
tests of control and substantive procedures.
6:2
Planning
The auditor should plan the audit of a real estate agents trust account to consider risks and knowledge of
the business. The focus of the audit of a real estate agents trust account is to test compliance with the rules
governing trust money; therefore, the auditor should understand the legislative requirements for handling trust
money.
The nature, timing and extent of audit procedures will vary, depending on the following factors:
the services provided by the real estate agent and money received on trust as a result of these services;
the nature of the real estate agents business, i.e. whether the real estate agent is a sole practitioner or an
agent of a large practice;
the volume of transactions affecting the trust account;
the average size of transactions affecting the trust account; and
the existence of segregation of duties.
The above factors should be taken into account in the auditors assessment of risk.
Assurance engagement risk
In the audit of an agents trust account, it is important that the audit procedures are planned so they cover the
entire period and such procedures are designed to test compliance with all the requirements of the Act and
Regulations to minimise the risk of non-detection of breaches including fraud.
Internal control structure
The auditor should document and assess internal controls and procedures to establish whether reliance can be
placed on them. The systems documentation and assessment should include computer procedures whenever
applicable.
The agent has the ultimate responsibility for compliance with the trust account at all times during the year.
Therefore a prudent agent will have procedures in place to ensure that those requirements are being fulfilled. If no
such procedures exist, the auditor should question the ability of the agent to state that all requirements have been
complied with throughout the year, and issue a recommendation to the agent suggesting that such procedures be
implemented.
The strengths of internal controls over the trust account will vary, depending on the size and nature of an agents
practice.
Where an agent is also a sole practitioner, there will be limited scope for adequate segregation of duties, whereas a
larger practice may only rely on such segregation in order to maintain effective controls over the trust account.
Ideally, the agent should have the following internal controls in place:
segregation of authorisation of transactions, recording of transactions and custody over the clients money;
independent monthly reconciliation of trust account records to trust bank accounts;
supervision by partner of the practices of the operations of the trust accounts; and
adequate supporting documentation for all transactions relating to trust money (see Documentation below).
Performing
The results of the planning phase of the audit will have allowed the auditor to plan the appropriate procedures.
These procedures are completed in this phase and the evidence evaluated.
Supporting documentation
The following are examples of the supporting documentation that should be available for inspection by the auditor:
cheque requisition forms for all withdrawals of trust money, detailing the client name, amount required, purpose
of the payment, payee name, and requiring authorisation prior to processing;
6:3
Reporting
Auditors may be required to report in a format specified by the legislation, however the auditor is required to
confirm that the report is in compliance with ASAE 3100.
The audit report is different for each state and territory, so it is necessary to have a good understanding of the
requirements of your state or territory legislation, an overview of the requirements is provided in Appendix 6A.
In addition, the auditor needs to determine the need to report separately to those charged with governance on any
matters found.
6:4
6:5
Audit opinion
NSW
Relevant legislation
and guidance
Who can be an auditor A licensed agent shall not engage as the agents auditor, or permit the audit of the
agents accounting records relating to trust moneys to be made by, a person who:
a) is not a registered company auditor; or
b) is an employee of, or is a partner of, or is a relation of, the licensed agent; or
c) is an employee of any other licensed agent; or
d) is engaged in keeping and entering those records or has those records in the
agents custody or control; or
e) is himself or herself a licensed agent; or
f) is a director, officer or employee of a company that is a licensed agent; or
g) is a person by whom a firm is constituted that is a licensed agent; or
h) is an employee of, or is a partner of, or is a relation of, a business manager of a
company or firm that is a licensed agent.
Audit opinion
Within 3 months of the end of the audit period (30 June each year).
Queensland
Relevant legislation
6:7
6:8
The audit period is the 12-month period in each year ending on the last day of the
audit month, the audit period depends on when the licence expires.
Month of licence expiry
January
01/1030/09
January
February
01/1131/10
February
March
01/1230/11
March
April
01/0131/12
April
May
01/0231/01
May
June
01/0328/02
June
July
01/0431/03
July
August
01/0530/04
August
September
01/0631/05
September
October
01/0730/06
October
November
01/0831/07
November
December
01/0931/08
December
6:9
Audit opinion
The audit report is to be in a form approved by the Board and is to state, in the
opinion of the auditor, whether:
a) the trust account records being audited were properly drawn up and kept in
accordance with the Act; and
b) there is any defect or irregularity in the trust account records; and
c) the amount in each trust account after being reconciled under regulation 21 and
the amount of trust money invested under regulation 29 were sufficient to meet all
the trust account liabilities at the end of the period being audited; and
d) the auditor obtained all the information, documents, explanations and assistance
that he or she required to complete the audit; and
e) the requirements of the Act in respect of trust money and the keeping of trust
accounts have been complied with.
Victoria
Relevant legislation
Who can be an auditor A person is not qualified to act as an auditor under section 64, 64A or 64B in respect
of an estate agent
a) unless he or she is an approved auditor;
b) if he or she is, or at any time within 2 years before the last day of the period in
respect of which the audit is to be made, has been, an employee or partner of the
agent, or of any partner of the agent, whose accounts of trust money are to be
audited.
A person shall not audit the accounts of an estate agent:
a) if he is an employee or partner of that estate agent;
b) if he is an employee of any other estate agent actually in practice;
c) if he is himself an estate agent carrying on business as such;
d) if he is in any way engaged in keeping or entering up the trust account records of
an estate agent or has those records in his custody or control; or
e) in the case of an estate agent being a corporation, if he is a member, director,
officer or employee of the corporation.
Audit opinion
In my/our opinion, the above Licensed Estate Agent has, in all material respects,
maintained the above named Trust Account(s) in compliance with sections 63 and 64
of the Act and the Regulations for the period(s) specified above.
Format should be as specified by Consumer Affairs Victoria.
<http://www.consumer.vic.gov.au/businesses/licensed-businesses/estate-agents/
running-your-business/trust-accounts/auditing-trust-accounts>.
6:10
The auditor to report in accordance with sections 70(2) and 79 of the Real Estate and
Business Agents Act 1978 that in their opinion:
a) the trust accounts have been regularly kept and properly written up;
b) the trust accounts were ready for examination at the periods appointed by me;
c) the agent has complied with all my requirements as auditor;
d) the trust accounts are and have been in order during the year of the audit; and
e) there is no matter in relation to the trust accounts that should, in my opinion, be
communicated to the Board.
6:11
6:12
6:13
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Administration
1. Check that records are properly maintained and filed in an orderly
manner.
Appointment to act
1. Confirm that the agent has a valid appointment to act in writing signed by
the person for whom the services are being provided.
2. Confirm that the appointment clearly identifies the property, for example
address of property, title details.
6:14
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
2. Bank reconciliations
i. Review bank reconciliations ensuring the following:
bank reconciliations were performed each month within the
required number of days after month end
large and unusual reconciling items have been followed up
there are no recurring reconciling items
there is evidence of independent review.
6:15
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Select a sample of cash receipts (both trust account and other monies) from
the client files and perform the following:
i. where the receipt has not been designated as trust account money,
review the nature of the monies to determine whether this allocation is
reasonable.
ii. where the receipt has been designated as trust account monies, perform
the following procedures:
ensure that the money has been banked promptly before the end of
the next business day into the appropriate trust account by tracing to
bank deposit slips and bank statements
ensure that the trust receipt includes the name and address of the
estate agent.
iii. ensure that the trust receipt includes:
the date on which the trust money is received
the name of the person on whose behalf the money was received
a description of the transaction
the amount and form the money was received in
the name of the person paying the money
ensure the receipt is signed by the issuer.
iv. confirm that the money is banked in the same form as received (for
example, that cash is not substituted by a cheque).
v. check daily bankings to the bank statement.
vi. identify and report deposits from agents own funds/staff (for example
cheques issued from the agents general account).
6:16
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
iv. verify the payment to the cheque butt or other record which contains the
following:
the date of the payment
the name of the person to whom the payment is made
the account in the trust ledger to which the payment is debited
a description of the transaction
the purpose for which the payment is made
if the payment is by cheque, its serial number
the amount of the payment (Rule 29).
v. ensure the estate agent keeps a register of the trust cheque forms. The
register should record the serial numbers and details of the issue and use
of trust cheque forms given to, or held by the agent. (Note: if the trust
cheque forms are part of a sequence, it is sufficient to record the first and
last number of the trust cheque forms.
vi. Verify cheque details to the bank statement.
vii. Confirm the sequence of cheque numbers issued. Sight any cancelled
cheques.
6:17
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
5. Check that the financial institution has not credited interest to the bank
trust account.
6. Check that no bank or government charges have been debited to the
bank trust account.
that the money has not been held for a lengthy period without
the client being given the option to hold the money in an interest
bearing account.
v. ensure the end balance of the client account is consistent with the
sum of the opening balance plus the net amount of the transactions
that have occurred during the year.
Ledger accounts
1. Ensure the agent has a separate ledger account opened for each client.
2. Ensure that the total of the individual client accounts agrees with the
balance of the trust control account.
3 Agree balances to general ledger and bank reconciliation.
4. Ensure that the real estate agent keeps a ledger consisting of separate
accounts for:
each person on behalf of whom the agent holds trust money and
each transaction for which the estate agent holds trust money as a
stakeholder or in trust.
6:18
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Review of journals
1. Test postings of journals to the individual client accounts and the trust
control account and ensure narratives are appropriate.
2. Ensure that transfers from one trust account to another are in accordance
with the appropriate rules whereby the estate agent must record:
i. the date of the transfer
ii. the account of the trust ledger from which the money is transferred
iii. the account of the trust ledger to which the money is transferred
iv. a description of the transfer, indicating the purpose of the transfer
v. the amount of the money transferred.
3. Peruse journals for unusual entries, such as transfers between client
accounts, and investigate, ensuring the transaction is appropriate and
properly authorised and does not highlight a breach, i.e. that a deficiency
in an individual trust account has occurred.
4. Ensure that the estate agent keeps and records journals, appropriate to
enable adequate details of transactions to be posted into a trust account
ledger. This extends to receipts, payments and transfers (Rule 25.)
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
3. Enquire about the existence of any unclaimed trust money held in the
trust accounts and confirm the requirements of the relevant Unclaimed
Money Act have been complied with.
7:2
7:2
Key definitions
7:2
7:3
Methodology
7:3
7:3
Performing an audit
7:3
Reporting
7:4
Appendices
7:5
7:6
7:7
7:8
7:9
7:11
Key definitions
Monies
Cash, foreign currency, any negotiable instrument and any security, the title to which is
transferred by delivery (for example, bills of exchange and promissory notes), including
delivery by electronic funds transfer.
Client monies
Any monies (in whatever form) coming into the control of a Member in Public Practice or any
of the Members Personnel which are the property of a Client and included Monies to which
the Member or the Members Personnel have no present entitlement.
Control means where a Member or any of the Members Personnel, acting either solely or in
conjunction with one or more people, can authorize the transacting of Client Monies.
Examples of Client Monies include:
client tax refund cheques negotiated by the member with the clients written authority;
monies received that are associated with insolvency engagements;
money advanced by the client for the costs associated with the incorporation of a
company or in the preparation of a trust deed;
rental revenue collected on behalf of the client;
money received in advance from the client to meet future liabilities, e.g. to pay the clients
income tax assessment while the client is overseas; and
prepayment of professional fees for the members services where no request for payment
has been made to the client, e.g. audit fees.
Trust account
7:2
Auditor of
client monies
Deficiency
Methodology
Audit objective and methodology
The objective of the audit of client monies is to determine whether the member dealing with the monies has
complied with APES 310.
To achieve this objective, the auditor needs to be satisfied that client monies are properly accounted for, and only
paid or applied as directed by the clients.
The methodology for compliance audits is documented in Chapter 5 of this guide, however specific requirements
relating to the audit of client monies have been provided below
Planning the audit
The auditor gains an understanding of the legislative requirements for handling client money and the requirements
of APES 310.
The nature, timing and extent of audit procedures will vary, depending on the:
services provided by the member and client monies received as a result of these services;
nature of the members business, i.e. whether the member is a sole practitioner or a member of a large
practice;
volume of transactions affecting the client monies;
average size of transactions affecting the client monies; and
existence of segregation of duties.
The above factors should be taken into account in the auditors assessment of risk and documentation of the
planning process.
Performing an audit
Sampling
Where a member has relatively few clients for who client monies are received, and there are a limited number
of transactions, it may be more efficient to perform testing on a 100 per cent basis. However, where there are a
large number of clients and numerous transactions, the auditor should select and test samples to obtain sufficient
7:3
Reporting
Written representation by management
The auditor should also obtain a written representation from the client as part of the audit evidence. An example
representation letter can be found in Appendix 7C of this chapter.
Timing
Client monies need to be audited annually within 3 months of the applicable yearend date.
Reporting to the Professional Body
The Auditor is required to report the following to the Members Professional Body:
Any deficiency of client monies within 5 business days of becoming aware of the deficiency; or
Within 10 business days of becoming aware of any material:
+ failure by a Member to comply with paragraphs 6.1 or 6.9 of APES 310 relating to receipt or disbursement
of funds within 3 days;
+ uncorrected errors reflected in a statement issued by a Financial Institution; or
+ circumstance where client monies have not been transacted or maintained in accordance with APES 310.
Modified opinion
If the auditors report contains a modified opinion, the Auditor of Client Monies is required to lodge the report with
the applicable Professional Body (e.g. CPA Australia) within 15 business days of completion of the audit.
Example audit opinion
Appendix 1 of APES 310 contains an example of an audit report which should be put onto the Auditors letterhead
which has been reproduced in Appendix 7D to this chapter.
7:4
7:5
7:6
7:7
7:8
7:9
_____________________________________
[Auditor name]
_____________________________________
[Address]
_____________________________________
[Date]
7:10
Done by
and date
W/P ref/
notes
7:11
7:12
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Confirm where funds have been received that the Member has open a Trust
Account at a Financial Institution in the name of the Member or the Members
Firm and include the term Trust Account in its title, unless the Member has
been authorised to operate a Client Bank Account. (5.1)
Review the processes documented by the Member to establish the identity
of a Client and the source of Client Monies prior to Dealing with Client
Monies. (5.3)
Where a client request was received, confirm that the Member opened and
maintains a separate Trust Account. (5.4)
Confirm the terms and conditions relating to Trust accounts opened during
the year requires that:
a) all Monies standing to the credit of that account are held by the Member
as Client Monies and that the Financial Institution is not entitled to
combine the account with any other account, or to exercise any right to
set-off or counterclaim against Monies in that account in respect of any
sum owed to the Financial Institution on any other account; and
b) any interest payable in respect of the account balance is credited to that
account. (5.5)
Review a selection of files to confirm a copy of the terms and conditions of
the Financial Institution relating to a Trust Account is included as part of the
Members Records.
Review evidence to show that a copy to the Client within 10 business days of
any request being made by the Client. (5.6)
For a sample of files, review the written correspondence to the client to
show:
no later than at the time of initial deposit into a Trust Account, the details
of the Financial Institution at which the Client Monies are to be held; and
if there is a change to the existing Financial Institution arrangements, the
new details of the Trust account sent to the client within 10 business
days. (5.7)
7:13
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
7:14
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Circularisation
i. Select a sample of individual client trust account balances as at
applicable reporting year end, with the members approval, and perform a
positive circularisation by way of a letter requesting that the client confirm
the balance as per that of the annual statement issued by the member.
This letter is to be enclosed with the statement see Appendix 7B.
ii. Follow up non-replies to the circularisation by obtaining the client file, and
investigate any major discrepancies.
Ledger accounts
i. Ensure the total of the individual client accounts agrees with the balance
of the trust control account.
ii. Agree balances to general ledger and bank reconciliation.
Reporting to clients
Confirm that the following statements (containing details of the Members
application of Client Monies and any interest earned on Client Monies ) have
been issued either to the Client or to such other person as directed by the
Client. (7.8):
a) in respect of all transactions, at least annually;
b) upon completion of the matter requiring the maintenance of the Trust
Account or Client Bank Account;
c) in respect of any transaction, upon written request from the Client; or
d) when a Trust Account or Client Bank Account is closed or if the Members
authority to operate a Client Bank Account is revoked.
Were the statements described above issued within the relevant timeframes,
being:
a) paragraph 7.8(a) within 30 Business Days of the Applicable Year-End
Date;
b) paragraphs 7.8(b) and 7.8(d) within 25 Business Days;
c) paragraph 7.8(c) within 5 Business Days. (7.9)
Where a Client receives Client Bank Account statements directly from a
Financial Institution, confirm that the Member has provided to the Client
details of transactions undertaken by the Member within 25 business days of
the end of each month or as otherwise agreed with the Client. (7.10)
7:15
Done by
and date
W/P ref/
notes
Done by
and date
W/P ref/
notes
Discuss with the Member, the procedures in place to retain Records that:
a) enable transactions involving Client Monies to be audited;
b) disclose the financial position of Client Monies; and
c) clearly identify the transactions made on behalf of each Client.
Review a sample of client files and confirm that the records achieve the
objectives.
Confirm the records in place show:
a) the details of all transactions involving Client Monies, including:
i. details of all Client Monies paid direct to the Client, or to a third party
nominated by the Client;
ii. details of all cheques received and endorsed by the Member for
disbursement to the Client, or to a third party nominated by the Client;
iii. details of all electronic funds transfers of Monies received, and of
Monies transferred direct to the Client, or to a third party nominated
by the Client; and
iv. details of any errors in transactions involving Client Monies;
b) the details and basis of calculation of all interest earned on Client Monies
held in a Trust Account and that the interest has been applied by the
Member in accordance with paragraph 5.5(b);
c) the financial position of a Members Trust Account and Clients Bank
Account and the Client Monies therein; and
d) the signatories for each Client Bank Account authorised by the Client.
7:16
Done by
and date
W/P ref/
notes
7:17
8:2
8:2
Objective 8:2
Regulations 8:2
Annual audit requirements
Audit methodology
Acceptance and continuance
8:2
8:2
8:2
Planning 8:3
Performing
8:4
Reporting 8:4
Appendices 8:5
Appendix 8A Relevant Act/legislation
8:6
8:7
Objective
In a Solicitors trust account audit, the auditor must form an opinion on whether the law practice has, during the
period of the examination, complied with the requirements of the relevant legislation, regulations and any legal
profession rules relating to how law practice handles trust money.
This involves obtaining evidence to determine whether:
accounting and other records relating to trust monies have been properly kept;
there is no loss or deficiency of trust monies or failure to pay or account for trust monies; and
there has been no failure to comply with a provision of the Act or Regulations.
The auditor must sign a report and certificate, in a form approved by the relevant state or territory, certifying the
statement of trust money prepared by the law practice and submit this to the relevant authority by the specified
deadline.
Regulations
The regulations governing the operations of a solicitors trust account are driven by the Acts and Regulations in
the relevant state/territory and therefore it is necessary to have a good understanding of the requirements of the
relevant state/territory Act.
Appendix 8A provides an overview of the audit requirements in each state/territory legislation.
Audit methodology
The compliance audit methodology described in Chapter 5 should be followed specific information relating to the
audit of a solicitors trust account is included in the relevant phase below.
The letter should outline general audit procedures to be performed, including a review of internal controls over
the operation of the trust account and relevant accounting information. Other information should include fees and
payment requirements.
Planning
The auditor should plan the audit of a solicitors trust account to take into account risks and knowledge of the
client.
Understanding the business
The focus of the audit of a solicitors trust account is to test compliance with the rules governing trust money;
therefore, the auditor should understand the legislative requirements for handling trust money and the requirements
of the relevant legislation.
Audit procedures
The nature, timing and extent of audit procedures will vary, depending on the following:
the services provided by the solicitor and money received on trust as a result of these services the nature of the
solicitors business, i.e. whether the solicitor is a sole practitioner or a solicitor of a large practice;
the volume of transactions affecting the trust account;
the average size of transactions affecting the trust account; and
the existence of segregation of duties.
The above factors should be taken into account in the auditors assessment of risk and documentation of the
planning process.
In the audit of a solicitors trust account, it is important that the audit procedures are planned so they cover the
entire period. Such procedures are designed to test compliance with all the requirements of relevant legislation and
minimise the risk of non-detection of breaches including fraud.
Internal control system
The auditor should document and assess internal controls and procedures to establish whether reliance can be
placed on them. The systems documentation and assessment should include computer procedures, whenever
applicable.
The solicitor has the ultimate responsibility for compliance with legislation at all times during the year. Therefore
a prudent solicitor will have procedures in place to ensure that those requirements are being fulfilled. If no such
procedures exist, the auditor should question the ability of the solicitor to state that all requirements have been
complied with throughout the year, and issue a recommendation to the solicitor suggesting that such procedures
be implemented.
The strengths of internal controls over the trust account will vary, depending on the size and nature of a solicitors
practice.
Where a solicitor is also a sole practitioner, there will be limited scope for adequate segregation of duties, whereas
a larger practice may only rely on such segregation in order to maintain effective controls over the trust account.
Ideally, the solicitor should have the following internal controls in place:
segregation of authorisation of transactions, recording of transactions and custody over the clients monies;
independent monthly reconciliation of trust account records to trust bank accounts;
supervision by partner of the practices of the operations of the trust accounts; and
adequate supporting documentation for all transactions relating to trust money (see Documentation below).
Materiality
Materiality is applied to the audit of a solicitors trust account in a different way from the audit of a financial report.
The auditor of a solicitors trust account is concerned with compliance with a standard rather than purely the
misstatement of the financial report. In assessing this compliance, the auditor is required to test transactions to
ensure that they have been dealt with and recorded in a way that is consistent with legislation. For example, if a
transaction has been recorded incorrectly then that is a breach of the legislation and therefore the dollar value of
the transaction does not matter.
8:3
Reporting
The lodging and format of the audit report differs between states and territories and the auditor should ensure that
the report contains the most up-to-date and relevant opinion.
8:4
8:5
Northern Territory
Relevant legislation and guidance
Queensland
Relevant legislation and guidance
South Australia
Relevant legislation and guidance
Tasmania
Relevant legislation and guidance
Victoria
Relevant legislation and guidance
Western Australia
Relevant legislation and guidance
8:6
At least once during the audit year, visit the solicitors office without previous
notice to him and carry out a state of records check.
2.
Enquire whether there have been any investigations by a Law Institute or any
other regulatory bodies since the last audit.
W/P
Ref
Completion
By
Date
If there have been any inspections, obtain a copy of the report of findings and
consider the implication of any breaches identified.
3.
Attend a mail opening at the surprise visit, listing cheques for subsequent tracing
to the cash book, client ledger & bank statement.
4.
Obtain a copy of the reconciliation of the trust ledger account to the cash book
balance, bank reconciliation and trust ledger account control card.
Agree unpresented cheques to both the cash book and to subsequent bank
statements.
Check all outstanding deposits to ensure that they represent money received
on the last business day of the month and banked on the first business day
of the following month if this is not the case, check whether the delay in
banking is the result of poor administrative procedures or fraud.
Check that the bank reconciliation statement records the dates of issue of
outstanding cheques, cheque numbers and amounts.
Check that appropriate action has been taken in respect of:
a) any stale and long-outstanding cheques;
b) unclaimed monies.
Check all other reconciling items and investigate any which are old or
unusual.
5.
Ensure that the trust account trial balance contains details of the name,
identifying reference, balance and short description of each matter to which
each balance relates.
6.
Identify any large and/or unusual transactions and follow them up to ensure their
compliance with trust accounting requirements.
7.
Review the ADI records (bank statements) for the year and:
ensure dishonoured cheques have not led to a debit balance;
check unusual items where necessary.
Conclusion:
Issues to be reported:
8:7
W/P
Ref
Completion
W/P
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Completion
By
Date
Check that each principal (authorised to receive trust money) of the law practice
holds a current practising certificate with authority to receive trust money.
If necessary, obtain confirmation from the Legal Services Board or the relevant
Law Institute of the type of practising certificate held by each principal.
Conclusion:
Issues to be reported:
Check that the trust account is established and maintained with an approved
Authorised Deposit-taking Institution.
2.
Check that the law practice notifies the appropriate Legal Services Board (or
equivalent) of the number of the account and the name and address of the
branch of the ADI at which the general account is maintained within 14 days
after establishing it.
3.
Check if there are any subsequent changes to the information notified to the
Board.
If so, did the law practice notify the Board within 14 days after becoming aware
of the change?
4.
Check whether there is any closure of a general trust account; if so, did the law
practice notify the Board of the closure within 14 days after closing the trust
account?
5.
Check that the name of the general trust account includes the name of the law
practice or the business name under which the law practice engages in legal
practice, and the expression law practice trust account or law practice trust
a/c.
6.
Check that the account is of a kind that is, for the time being, approved by the
Board.
If considered necessary, obtain confirmation from the Board.
7.
Confirm with the law practice that the disclosed trust account/s is/are the only
trust account/s maintained by the practice during the audit year.
8.
Statutory deposits.
Check the details of the quarterly statements from the Board with the ADI
records. Ensure there are no discrepancies.
Conclusion:
Issues to be reported:
8:8
By
Date
W/P
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Completion
By
Date
Controlled money means trust money received by a law practice with a written direction to deposit the money
in an account (other than a general trust account) over which the practice has or will have exclusive control.
1.
Check with the law practice whether there is any controlled money received
by the law practice; if so, ensure that the money was deposited in a controlled
money account exclusively for the person on whose behalf it was received.
2.
Check that the account name of a controlled money account includes the
following particulars:
a) the name of the law practice concerned;
b) the expression controlled money account;
c) such particulars as are sufficient to identify the purpose of the account and
to distinguish the account from any other account maintained by the law
practice. (Regulation 3.3.22(1)).
3.
Confirm all controlled money (100%) held at the end of the audit period to
confirmations.
4.
Confirm that a controlled money reconciliation has been prepared within the
relevant number of days after each month. The reconciliation should contain a
list of the practices controlled money accounts showing:
i. the name, number and balance of each account in the register; and
ii. the name of the person on whose behalf the controlled money in each
account was held; and
iii. a short description of the matter to which each account relates; and
iv. the date the statement was prepared.
5.
Written direction
i. For each deposit of controlled money and/or each controlled money account
maintained, check that there is a written direction by the person on whose
behalf the money was received.
ii. Check that the purpose of the account agrees with the written direction.
iii. Check that each written direction is kept for 7 years after finalisation of the
matter to which the direction relates.
6.
Confirm that a register of controlled money has been kept during the year and
that the record of controlled money movements for a controlled money account
records the following information:
a) the name of the person on whose behalf the controlled money is held;
b) the persons address;
c) particulars sufficient to identify the matter;
d) any changes to the information referred to in paragraphs (a) to (c).
8:9
8.
8:10
W/P
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Completion
By
Date
W/P
Ref
Completion
W/P
Ref
Completion
By
Date
Check that the general trust account balance has been reconciled with the
balance of the practices trust account cash books at the end of each month
(bank reconciliation) within the timeframe specified in the relevant Act.
2.
Obtain a copy of the reconciliation at the last day of the audit period:
By
Date
Confirm that the balance per bank has been reconciled to balance per cash
book; and balance per cash book has been reconciled to balance per total
client matters.
Check the additions.
Agree unpresented cheques to both the cashbook and subsequent bank
statements.
Perform standard unpresented cheque testing (bank statement back to
unpresented cheque listing).
Investigate any long outstanding cheques and ensure provisions in relation to
unclaimed monies are complied with.
Agree unallocated receipts to direct credits in bank statement on the testing
date.
Investigate any unusual reconciling items.
8:11
W/P
Ref
Completion
W/P
Ref
Completion
W/P
Ref
Completion
By
Date
Conclusion:
Issues to be reported:
Check that the balance (total) of the trust ledger accounts agrees with the cash
book balance at the end of each month.
2.
By
Date
the name
the identifying reference
the balance of each account and
a short description of the matter to which each relates.
3.
Ensure that overdrawn (negative) balances in any general trust account or trust
ledger account are fully investigated.
4.
Obtain standard bank confirmations from all banks where trust money is held.
5.
Select a sample of matter files, based on matter file rotation and selection listing
and:
Review matter file for transactions which have occurred for that matter and
determine whether these transactions should be processed through the trust
account.
Obtain trust statement for selected matter and ensure all transactions
identified above have been processed through the trust account.
Ensure all transactions have been recorded in the trust ledger in accordance
with applicable rules (i.e. rules in relation to receipts, expenses, transit money
and cost to office transfers).
8:12
By
Date
W/P
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Completion
W/P
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Completion
By
Date
3.
Check if the matter files can be readily reconciled to the trust ledger accounts.
Conclusion:
Issues to be reported:
By
Date
Confirm the auditors understanding of the use of the office account in relation to
receipting process, and confirm with client, whether money for bills is received
in the trust account or the office account. If funds are received into the trust
account and never into the office account then no further work in this area is
required.
If controls in the solicitors computerised accounting software prevent bills from
being receipted into the office account, confirm that this is so by re-performance
of 1 sample each year.
2.
If funds are received into the office account, select a sample of bills received into
the office account during the year. Obtain copies of the relevant bills and confirm
by inspection of the bill whether the bill contains any unpaid hard disbursements.
If the bill did contain unpaid disbursements, check that one of the following two
treatments is used:
a) the creditor is paid within 24 hours; or
b) the money for the disbursements is transferred to the trust account within
24 hours until the time when the creditor is paid.
3.
Obtain a copy of the bank reconciliation of the office bank account (if prepared),
review the long-outstanding cheques for disbursements and check if there
are any irregularities (such as money paid from trust where the disbursements
cheques have not been presented, resulting in a deficiency).
Conclusion:
Issues to be reported:
8:13
2.
Check that receipt forms, in duplicate, are used for the receipt of trust money,
unless at the time the receipt is made out those particulars are recorded by
computer program in the trust account receipts cash book.
3.
4.
5.
Review all cash receipt journals for the year to identify large and/unusual
transactions for audit testing.
All receipts from the solicitors general account should be investigated.
6.
8:14
W/P
Ref
Completion
By
Date
W/P
Ref
Completion
W/P
Ref
Completion
By
Date
Payments cheque
1.
By
Date
Select a random sample of [xx] cheques and confirm that the cheque is:
a) made payable to or to the order of a specified person or persons and not to
bearer or cash; and
b) crossed not negotiable; and
c) in the case of a law practice, includes:
i. the name of the law practice or the business name under which the law
practice engages in legal practice; and
ii. the expression law practice trust account or law practice trust a/c;
d) In the case of a law practice, signed:
i. by an authorised principal of the law practice; or
ii. if a principal referred to in paragraph (a) is not available:
a) by an authorised legal practitioner associate; or
b) by an authorised Australian legal practitioner who holds an
unrestricted practising certificate authorising the receipt of trust
money; or
c) by 2 or more authorised associates jointly.
8:15
3.
Review the sequence of cheques used for the year and sight all cancelled
cheques.
4.
Review all cash payments journals for the year to identify large and/unusual
transactions and ensure transaction is in order and complies with trust account
requirements.
Particular attention should be paid to amounts paid to solicitors or their related
companies.
Conclusion:
Issues to be reported:
8:16
W/P
Ref
Completion
By
Date
W/P
Ref
Completion
By
Date
Check that a payment by electronic funds transfer is effected by, under the
direction of or with the authority of:
a) an authorised principal of the law practice or
b) if the principal is unavailable:
i. an authorised legal practitioner associate; or
ii. an authorised Australian legal practitioner who holds an unrestricted
practising certificate authorising the receipt of trust money; or
iii. 2 or more authorised associates jointly.
2.
Check that a written record is maintained for each payments showing the
required particulars:
a) the date and number of the transaction;
b) the amount transferred;
c) the name and number of the account to which the amount was transferred
and relevant BSB number;
d) the name of the person to whom the payment was made or, in the case of a
payment made payable to an ADI, the name or BSB number of the ADI and
the name of the person receiving the benefit of the payment;
e) details clearly identifying the name of the person on whose behalf the
payment was made and the matter reference;
f) details clearly identifying the ledger account to be debited;
g) particulars sufficient to identify the purpose for which the payment was
made.
Conclusion:
Issues to be reported:
8:17
Check that trust money is only transferred by journal entry from one trust ledger
account to another trust ledger account if:
i. the law practice is entitled to withdraw the money and pay it to the other
trust ledger account; and
ii. the transfer has been authorised in writing by the authorised signatory or
signatories to the general trust account.
2.
3.
Check that the following particulars are recorded in the trust account transfer
journal for each of the journals selected:
a) the date of the transfer;
b) the trust ledger account from which the money is transferred (including its
identifying reference);
c) the trust ledger account to which the money is transferred (including its
identifying reference);
d) the amount transferred;
e) particulars sufficient to identify the purpose for which the transfer is made,
the matter reference and a short description of the matter.
4.
5.
Investigate any unusual journals and ensure transfers between accounts are
reasonable and have been made with the knowledge and authority of the client
(especially transactions involving partners or associated companies).
Conclusion:
Issues to be reported:
8:18
W/P
Ref
Completion
By
Date
Document the law practices policies for the distribution of trust account
statements, to ensure that the relevant rules are adhered to.
2.
Check that a statement of account contains all the relevant information required
by the Act/Regulations.
3.
W/P
Ref
Completion
W/P
Ref
Completion
By
Date
Conclusion:
Issues to be reported:
Register of investments
1.
2.
By
Date
8:19
W/P
Ref
Completion
W/P
Ref
Completion
By
Date
Check that a law practice or an associate of the practice when given power to
deal with trust money (whether alone or jointly with another person) keeps the
following records:
a) a record of all dealings with the money to which the practice or associate is a
party; and
b) all supporting information in relation to the dealings
in a manner that enables the dealings to be clearly understood.
2.
If an approved clerk is given a power to deal with trust money (whether alone
or jointly with another person), confirm that the clerk has kept as part of the
practices or clerks trust records:
a) a record of all dealings with the money to which the clerk is a party; and
b) all supporting information in relation to the dealings in a manner that enables
the dealings to be clearly understood.
Conclusion:
Issues to be reported:
8:20
By
Date
W/P
Ref
Completion
W/P
Ref
Completion
W/P
Ref
Completion
By
Date
Intermixing money
1.
By
Date
Procedure
Check that no trust money is mixed with other money, unless authorised by the
Board, and in accordance with any conditions imposed by the Board in relation
to the authorisation.
Conclusion:
Issues to be reported:
Deeds
1.
By
Date
8:21
Confirm that the law practice keeps in permanent form trust records in relation
to trust money received by the practice or clerk. These records should be kept
for a period of 7 years.
2.
Confirm that the following documents have been printed within the relevant
timeframe at the end of each month (choose a sample of months):
a) trust account cash books, unless a copy of the books as at the end of
the month is retained in electronic form that is readable or reportable on
demand;
b) trust account bank reconciliation statements;
c) trust ledger trial balances;
d) lists of controlled money accounts and their balances.
3.
Check that when creating, amending or deleting information about the clients
name, address, matter reference and description, or the ledger account number,
a record is maintained in chronological order.
4.
5.
Ensure that the practices system is not capable of deleting a trust ledger
account unless:
a) the balance of the account is zero and all outstanding cheques have been
presented:
b) when the account is deleted, a copy of the account is retained in a
permanent form.
6.
Document the back up process used by the practice, checking compliance with
each part of the Regulations listed below. Inspect evidence as appropriate to
support the assertions made.
The law practice must ensure that:
a) a back-up copy of all records is made at least once each month; and
b) each back-up copy is retained by the law practice; and
c) a complete set of back-up copies is kept in a separate location so that any
incident that may adversely affect the records would not also affect the backup copy.
Conclusion:
Issues to be reported:
8:22
W/P
Ref
Completion
By
Date
Transit money
1.
W/P
Ref
Completion
W/P
Ref
Completion
By
Date
Select a random sample of [xx] transits during the financial period and perform
the confirm the following information has been recorded into the trust ledger in
respect of the transit money:
a) Date on which money was received;
b) Name of person from whom money received;
c) Amount received;
d) Identity of person to whom money was paid;
e) Name of drawer;
f) Brief particulars to identify the relevant transaction;
g) Date on which the money was paid;
h) Ensure that transit money has been paid or otherwise delivered as soon as
practicable after it is received.
Conclusion:
Issues to be reported:
Select a sample of [xx] trust to firm cost/fee transfers from the trust ledger and
compare the date of the transfer and the actual amount transferred per the
cash book to both the trust bank statement and the solicitors general bank
statements.
2.
For the sample selected, determine whether the transaction was in accordance
with the relevant rules of the Act/Regulations.
3.
By
Date
Conclusion:
Issues to be reported:
8:23
Check whether the law practice has been unreasonably slow in completing a
clients work.
2.
3.
Check whether there is any evidence of acting for both mortgagor and
mortgagee where the mortgagor is a developer, builder or subdivider.
4.
Check whether authorities are held by the law practice when acting for more
than one party.
5.
Check whether there is any evidence of acting for both parties without
acknowledgement.
6.
7.
Check whether there is any evidence of the legal practitioner/s having settled a
will, power of attorney or instrument where the legal practitioner or associates
of the legal practitioner may receive a benefit in addition to reasonable costs
(including conditional costs agreement).
Check whether there is any evidence of the law practice operating some form of
unregulated managed mortgage practice.
Conclusion:
Issues to be reported:
W/P
Ref
Completion
By
Date