South Australian Consolidated Regulations

LEGAL PRACTITIONERS REGULATIONS 2009 - REG 29

29—Auditor's report

        (1)         The approved auditor must, in each report for the purposes of section 33 of the Act or regulation 33, include all matters relating to the practitioner's accounts and records that should, in the auditor's opinion, be communicated to the Supreme Court and, in particular, deal with each of the following matters:

            (a)         whether the accounts and records appear to have been kept regularly and properly written up at all times;

            (b)         whether the accounts and records have been ready for examination at the times appointed by the auditor;

            (c)         whether the practitioner has complied with the auditor's requirements;

            (d)         whether, at any time during the period of the audit, the practitioner's trust account was overdrawn or deficient and, if so, the full explanation for that given by the practitioner;

            (e)         whether the practitioner has, or has had, any debit balances in his or her trust ledger accounts and the explanation or reason for such a debit given by the practitioner;

            (f)         whether the practitioner has drawn from his or her trust account a sum on account of costs or otherwise without at the same time allocating the drawing to a specific account (other than a sum deposited in the combined trust account under section 53 of the Act);

            (g)         whether the practitioner has complied with section 53 of the Act;

            (h)         whether the practitioner holds any investments of trust money and, if so, any independent verification of such investments obtained by the auditor for the purposes of regulation 27(3)(d);

                  (i)         whether the auditor has received and examined the statement given to the auditor under regulation 28 and the result of that examination, including the result of examination in relation to trust ledger accounts with dormant balances;

            (j)         if the practitioner uses a computer program to keep the practitioner's accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited;

            (k)         any other matter required by the Act to be included in the report.

        (2)         A report need not deal with deficiencies in a trust account that have been promptly rectified and were due to inadvertence or trust account errors provided that, in the case of deficiencies due to inadvertence, the total of the deficiencies has not exceeded $100 in any 3 month period.

        (3)         Each copy of the report required for the purposes of the Act or these regulations must have attached to it a copy of the practitioner's statement under regulation 28(1).

        (4)         The auditor must deliver a copy of the report to the practitioner.

        (5)         The practitioner must keep the copy of the approved auditor's report and produce it on demand to the approved auditor making the next succeeding audit of the practitioner's accounts and records.