Terms of Reference

Inquiry into recent allegations of and responses to misconduct in the Australian operations of the major accounting, audit, and consultancy firms (including but not exclusive to the ‘Big Four’), via a detailed investigation and analysis of regulatory, technical, and legal settings, and broader cultural factors, including:

  1. the global and national firm structures, including:
    1. the legal basis for partnership, corporate, hybrid, and other structures;
    2. issues arising from cross border structures and operations; and
    3. the impact of such structures on confidence in the advisory and audit assurance market for regulatory supervision and accountability to public and corporate sector clients;

       

  2. The extent to which governance obligations applying to a professional services firm may vary depending on the structure adopted, such as a partnership, a company, a trust, or other structure. Consideration of any gaps and international best practice in areas such as:
    1. entity reporting and transparency;
    2. executive accountability and remuneration;
    3. fit and proper person requirements;
    4. the structure of contracts and the fiduciary responsibility to public and corporate sector clients;
    5. prevailing cultural practices;
    6. consumer and client protection;
    7. duties of care;
    8. management of conflicts of interest; and
    9. access to whistle-blower protections.

       

  3. Mechanisms available to governments, government departments, statutory authorities, professional standards bodies, regulators, and non-government clients to monitor and sanction misconduct and poor performance, including any gaps and overlaps across service and entity types for:
    1. accountability frameworks for governance obligations;
    2. coverage of disciplinary bodies;
    3. self-reporting policies and practice;
    4. whistle-blower policies and established pathways to report;
    5. interaction with and self-referral to regulatory bodies;
    6. interaction between regulatory bodies; and
    7. competition in the audit market; and

     

  4. any other related matters.

Committee Secretariat contact:

Committee Secretary
Parliamentary Joint Committee on Corporations and Financial Services
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3583
Fax: +61 2 6277 5719
corporations.joint@aph.gov.au