ASAE 3100

This Standard on Assurance Engagements (ASAE) deals with assurance engagements to provide an assurance report on whether the entity has complied in all material respects with the compliance requirements, throughout the specified period or as at a specified date, using the criteria.

This ASAE addresses assurance engagements on compliance: (Ref: Para. A2-A5)

1. With the compliance requirements;
2. Providing a limited or reasonable assurance conclusion;
3. For either restricted use, by those charged with governance of the entity or specified third parties, or to be publicly available; and
4. Either based on an attestation engagement or a direct engagement. (Ref: Para. 17(a), 17(h), A4).

Where this ASAE makes reference to a requirement, that requirement applies to both attestation and direct engagements, unless specified otherwise.

Agreed‑upon procedures engagements, where procedures are conducted and factual findings are reported but no conclusion is provided, and consulting engagements, for the purpose of providing advice, on compliance are not assurance engagements and are not dealt with in this ASAE.  Agreed‑upon procedures engagements are addressed under Standard on Related Services, ASRS 4400.^[1]

Nature of a Compliance Engagement

Compliance engagements are conducted in both the private and public sector, in either case the engaging party will usually be the entity responsible for meeting the compliance requirements which are subject to the compliance engagement.  In these circumstances terms of engagement are agreed with the engaging party.

An entity may have an obligation to comply with externally and/or internally established compliance requirements.  These compliance requirements may be established through law and regulation, contractual arrangements or internally established requirements, for example company policies.  A table showing the nature of assurance engagements on compliance is contained in Appendix 3.

Relationship with ASAE 3000, Other Pronouncements and Other Requirements

The assurance practitioner is required to comply with ASAE 3000 Assurance Engagements Other than Audits or Reviews of Historical Financial Information (ASAE 3000) and this ASAE when performing compliance engagements.  This ASAE supplements, but does not replace ASAE 3000, and expands on how ASAE 3000 is to be applied in a compliance engagement.  This ASAE applies the requirements in ASAE 3000 to attestation engagements and adapts those requirements, as necessary, to direct engagements on compliance.  ASAE 3000 includes requirements in relation to such topics as engagement acceptance, planning, obtaining evidence and documentation that apply to all assurance engagements, including engagements conducted in accordance with this ASAE.  Framework for Assurance Engagements, which defines and describes the elements and objectives of an assurance engagement, provides the context for understanding this ASAE and ASAE 3000.

An assurance engagement performed in accordance with ASAE 3000 measures or evaluates the underlying subject matter against suitable criteria. In a compliance engagement the assurance practitioner determines whether compliance requirements have been met by evaluating the subject matter against the compliance requirements, using the criteria.  The criteria may be the compliance requirements, or a subset thereof. A table explaining the terminology applied in this ASAE is contained in Appendix 2.

This ASAE requires the assurance practitioner to apply the ASAE 3000 requirement to comply with relevant ethical requirements related to assurance engagements, or other professional requirements, or requirements in law or regulation, that are at least as demanding.  It also requires the lead assurance practitioner to be a member of a firm that applies ASQM 1 Quality Management for Firms that Perform Audits or Reviews of Financial Reports and Other Financial Information, or Other Assurance or Related Services Engagements or requirements in law or regulation, that are at least as demanding as ASQM 1.

An assurance engagement performed under this ASAE may be part of a larger engagement. In such circumstances, this ASAE is relevant only to the portion of the engagement relating to assurance on compliance.

If multiple standards are applicable to the assurance engagement, the assurance practitioner applies, in addition to ASAE 3000, either:

1. If the engagement can be separated into parts, the standard relevant to each part of the engagement, including this ASAE for the part on compliance; or
2. If the engagement cannot be separated into parts, the standard which is most directly relevant to the subject matter.

Assurance conclusions on compliance may be required by Regulators, Government or other users in conjunction with assurance conclusions on financial reports, other historical financial information, and compliance with other requirements, controls and/or other subject matters.  In these engagements the subject matter and criteria against which that subject matter is evaluated and the level of assurance sought may vary, in which case different standards will apply.  Assurance reports can include separate sections for each subject matter, criteria or level of assurance in order that the different matters concluded upon are clearly differentiated.

A table showing the AUASB Standards to apply to compliance engagements depending on the subject matter and engagement circumstances is contained in Appendix 4. (Ref: Para. A1)

The assurance practitioner shall not represent compliance with this ASAE unless the assurance practitioner has complied with the requirements of this ASAE and ASAE 3000, adapted as necessary in the case of direct engagements.  ASAE 3000 contains requirements and application and other explanatory material specific to attestation assurance engagements but it also applies to direct assurance engagements, adapted as necessary in the engagement circumstances.^[6] If this ASAE makes reference to a requirement in ASAE 3000, that requirement shall be applied to both attestation and direct engagements, unless specified otherwise. (Ref: Para. A1, Appendix 4)

As required by ASAE 3000, the assurance practitioner shall comply with relevant ethical requirements related to assurance engagements, or other professional requirements, or requirements imposed by law or regulation, that are at least as demanding.^[7] (Ref: Para. A6)

Preconditions for the Assurance Engagement

The assurance practitioner shall accept or continue a compliance engagement only in the circumstances required by ASAE 3000, including that the preconditions for an assurance engagement are present, unless required to accept the engagement by law or regulation.

Appropriateness of the Subject Matter

When establishing whether the preconditions for an assurance engagement as required by ASAE 3000 are present, the assurance practitioner is required to assess the appropriateness of the subject matter.^[8] In doing so, the assurance practitioner shall determine whether the compliance activities which are to be evaluated are appropriate in addressing the needs of users, that is whether the performance of those activities determines whether the compliance requirements have been met. (Ref: Para. A9-A11)

If the subject matter is not appropriate, the assurance practitioner shall not accept the engagement or, if this is determined after accepting the engagement, either withdraw from the engagement or issue a modified conclusion.

Assessing the Suitability of the Criteria

When establishing whether the preconditions for an assurance engagement as required by ASAE 3000 are present, the assurance practitioner shall determine the suitability of the criteria expected to be applied, whether the criteria are provided by the engaging party, as in an attestation engagement, or are to be identified by the assurance practitioner, as in a direct engagement, including that they exhibit the characteristics set out in ASAE 3000.^[9](Ref: Para. 17(g), A12).

Agreeing on the Terms of the Engagement

ASAE 3000^[10] requires the parties to the engagement to agree on the terms of the assurance engagement in writing. The assurance practitioner shall obtain the agreement of the responsible party, that it acknowledges and understands its responsibility:

1. In an attestation engagement, for evaluating the compliance activity against the compliance requirements and providing a written Statement regarding the outcome of that evaluation and for having a reasonable basis for the written Statement;
2. For identifying suitable compliance requirements and whether they were specified by law, regulation, contract, another party (for example, a user group or a professional body) or developed by the responsible party;
3. For providing the assurance practitioner with:
   1. Access to all information, such as records, documentation and other matters of which the responsible party is aware are relevant to the compliance engagement;
   2. Additional information that the assurance practitioner may request from the responsible party for the purposes of the assurance engagement; and
   3. Unrestricted access to persons within the entity from whom the assurance practitioner determines it necessary to obtain evidence.

The terms of engagement shall identify:

1. The scope of the engagement;
2. Whether the engagement is a reasonable or limited assurance engagement;
3. Whether the engagement is an attestation or direct engagement and, in the case of an attestation engagement, the form of the responsible party’s or evaluator’s evaluation of the compliance activity or Statement and whether that Statement will be available to intended users or only referenced in the assurance report; (Ref: Para. A16,A20)
4. The specified period or specified date to be covered by the engagement; (Ref: Para. A17)
5. The compliance requirements against which the compliance activity will be evaluated;
6. The intended users of the assurance report;
7. The content of the assurance report, including whether it will be a short-form or long form report, including additional information such as the compliance requirements, procedures conducted, detailed findings and recommendations to meet the needs of the intended users; and (Ref: Para. A20)
8. Any other matters required by law or regulation (e.g. reporting all matters of non-compliance identified to the regulator^[11]) to be included in the terms of engagement. (Ref: Para. 27)

Acceptance of a Change in the Terms of the Engagement

If the engaging party requests a change in the terms of the engagement before the completion of the engagement, the assurance practitioner shall be satisfied that there is a reasonable justification for the change as required by ASAE 3000.^[12] (Ref: Para. A16)

Assurance Report Prescribed by Law or Regulation

If law or regulation prescribe the compliance requirements for evaluation or the form and content of the assurance report, the assurance practitioner evaluates the compliance requirements and form and content of the assurance report. If the compliance requirements are unsuitable or if intended users might misunderstand the assurance report, the assurance practitioner shall: (Ref: Para. A16, A52)

1. Not accept the engagement unless additional explanation in the assurance report mitigates these circumstances; or
2. Not include any reference within the assurance report to the engagement having been conducted in accordance with ASAE 3000 or this ASAE, if required to accept the engagement by law or regulation. 

The assurance practitioner shall implement quality management procedures as required by ASAE 3000.^[13]

The assurance practitioner shall apply professional scepticism, exercise professional judgement and apply assurance skills and techniques in planning and performing an assurance engagement on compliance as required by ASAE 3000.^[14]  In applying professional scepticism, the assurance practitioner shall recognise the possibility that matters of non‑compliance due to fraud could exist, notwithstanding the assurance practitioner’s past experience of the honesty and integrity of the entity’s management and those charged with governance.

Planning

The assurance practitioner shall plan the engagement so that it will be performed in an effective manner as required by ASAE 3000.^[15]  (Ref: Para. A22)

Materiality

The assurance practitioner shall consider materiality, as required by ASAE 3000,^[16] when determining the nature, timing and extent of procedures. (Ref: Para.  A24-A29 )

Obtaining an Understanding of the Compliance Framework and Compliance Requirements

Identifying Risks of Fraud

When performing risk assessment procedures and related activities to obtain an understanding of the compliance framework and other engagement circumstances, the assurance practitioner shall obtain sufficient information for use in identifying the risks of the compliance requirements not being met due to fraud. (Ref: Para. A33-A34)

Obtaining an Understanding of the Internal Audit Function

The assurance practitioner shall determine whether the entity has an internal audit function and, if so, makes further enquiries to obtain an understanding of the activities and main findings of the internal audit function with respect to the compliance engagement. (Ref: Para. A35)

The assurance practitioner shall consider based on the compliance engagement circumstances whether it is appropriate to use the work of the internal audit function.

If the assurance practitioner plans to use the work of the internal audit function in accordance with paragraph 37, the assurance practitioner shall evaluate it as required by ASAE 3000.^[17]

Using the Work of the Internal Audit Function

If the assurance practitioner’s evaluation of the internal audit function confirms that the work of the internal audit function can be used for purposes of the compliance engagement, then the assurance practitioner shall determine the planned effect of the work of the internal audit function on the nature, timing or extent of the assurance practitioner’s procedures and in doing so, shall consider: (Ref: Para. A36, A43-A44)

1. The nature and scope of work performed, or to be performed, on the compliance framework by the internal audit function;
2. The significance of that work to the assurance practitioner’s conclusions;
3. The degree of subjectivity involved in the evaluation of the evidence obtained in support of those conclusions; and
4. Re-performing some of the work of the internal audit function that is planned to be used.

The use of internal auditors to provide direct assistance is prohibited in an assurance engagement conducted in accordance with this ASAE.  Direct assistance is the performance of assurance procedures under the direction, supervision and review of the assurance practitioner.^[18]  This prohibition does not preclude reliance on the work of the internal audit function to modify the nature or timing, or reduce the extent, of assurance procedures to be performed directly by the assurance practitioner.  (Ref: Para. A36)

Based on the assurance practitioner’s understanding obtained under paragraph 32L and 32R, the assurance practitioner shall perform assurance procedures to respond to identified or assessed risks in paragraph 32L(b) to obtain limited or 32R(b) to obtain reasonable assurance to support the assurance practitioner’s conclusion. (Ref: Para. A37-A39)

The assurance practitioner shall design and perform additional procedures, the nature, timing and extent of which are responsive to the risks of material deficiency in the compliance framework or matters of non‑compliance with compliance requirements, having regard to the level of assurance required, reasonable or limited, as appropriate.  (Ref: Para. A40)

Responses to Assessed Risks of Fraud

The assurance practitioner shall treat those assessed risks of compliance requirements not being met due to fraud as significant risks.  Accordingly, the assurance practitioner shall design and perform procedures, on controls designed to mitigate such risks, and whose nature, timing and extent are responsive to those assessed risks.  In doing this the assurance practitioner shall have regard to the level of assurance required, reasonable or limited, as appropriate. (Ref: Para. A34)

Obtaining Evidence Regarding the Compliance Activity

When reporting on compliance throughout the specified period or as at a specified date, the assurance practitioner shall evaluate those compliance activities that the assurance practitioner has determined are necessary to meet the compliance requirements identified, and assess their compliance throughout the specified period or as at a specified date. (Ref: Para. A37)

Sampling

When the assurance practitioner uses sampling to test compliance, the assurance practitioner shall: (Ref: Para. 45R)

1. Consider the purpose of the procedure and the characteristics of the compliance activity from which the sample will be drawn when designing the sample;
2. Determine a sample size sufficient to reduce sampling risk to an acceptably low level;
3. Select items for the sample in such a way that each sampling unit in the population has a chance of selection and the sample is representative of the population; and
4. If unable to apply the designed procedures, or suitable alternative procedures, to a selected item, treat that item as a deviation.

When the assurance practitioner plans to use the work of an assurance practitioner’s expert, the assurance practitioner shall comply with the requirements in ASAE 3000.^[19] (Ref: Para. A41)

If the assurance practitioner plans to use information prepared using the work of another assurance practitioner or a responsible party’s or evaluator’s expert, as evidence, the assurance practitioner shall comply with the requirements of ASAE 3000.^[20] (Ref: Para. A42-A43)

In an attestation engagement on compliance the assurance practitioner shall accumulate instances of non‑compliance identified by the entity and the assurance practitioner, other than those that are clearly trivial, in order to form a conclusion on the Statement.  In a direct engagement on compliance the assurance practitioner shall accumulate identified instances of non‑compliance other than those that are clearly trivial in order to form a conclusion.

The assurance practitioner shall evaluate individually and in aggregate, whether the matter of non‑compliance with the compliance requirements is material. (Ref: Para. A45)

The assurance practitioner shall request the responsible party, or other relevant person(s) within the entity to provide written representations, in addition to those required by ASAE 3000,^[21] that the responsible party: (Ref: Para. A46)

1. In the case of an attestation engagement, reaffirms their Statement regarding the outcome of the responsible party’s evaluation of the compliance activity against the compliance requirements throughout the specified period or as at a specified date;
2. Acknowledges its responsibility for the compliance activity, including identifying the risks that threaten the compliance requirements being met, and designing, implementing and maintaining internal controls to mitigate those risks, including the risk of fraud, so that those risks will not prevent achievement of the compliance requirements;
3. Has provided the assurance practitioner with all relevant information and access agreed to, as set out in paragraph 24(c)(i);
4. Has disclosed to the assurance practitioner any of the following of which it is aware may be relevant to the engagement:
   1. Instances of non-compliance with the compliance requirements; or
   2. Any events subsequent to the specified period or as at the specified date covered by the assurance practitioner’s conclusion up to the date of the assurance report that could have a significant effect on the assurance practitioner’s conclusion.

The assurance practitioner shall evaluate written representations in accordance with ASAE 3000. (Ref: Para. A47)

When relevant to the compliance engagement, the assurance practitioner shall consider the effect on the compliance outcome of events up to the date of the assurance report, and shall respond appropriately to facts that become known to the assurance practitioner after the date of the assurance conclusion, that had they been known to the assurance practitioner at that date, may have caused the assurance practitioner to amend the assurance conclusion.  The extent of consideration of subsequent events depends on the potential for such events to impact the assurance practitioner’s conclusion.  The assurance practitioner has no responsibility to perform any procedures regarding the compliance outcome after the date of the assurance report. (Ref: Para. A49-A50)

The assurance practitioner shall evaluate the sufficiency and appropriateness of the evidence obtained in the context of the engagement and, if necessary, attempt to obtain further evidence.  If the assurance practitioner is unable to obtain necessary further evidence, the assurance practitioner shall consider the implications for the assurance practitioner’s conclusion in accordance with ASAE 3000.^[22]  The assurance practitioner shall qualify their conclusion if the possible effects of undetected matters of non‑compliance with the compliance requirements due to an inability to obtain sufficient appropriate evidence could be material, and shall disclaim their conclusion if the possible effects could be both material and pervasive.

When the assurance practitioner forms a conclusion in accordance with ASAE 3000,^[23] the assurance practitioner shall evaluate the materiality, individually and in aggregate whether due to fraud or error, of any matter(s) of non-compliance with the compliance requirements. If the matters of non-compliance identified are: (Ref: Para. A45-A46)

1. Material but not pervasive, the assurance practitioner shall qualify their assurance conclusion with respect to the relevant matter; or
2. Material and pervasive, the assurance practitioner shall issue an adverse conclusion.

The assurance practitioner shall prepare the assurance report in accordance with ASAE 3000^[24] for attestation engagements and shall also apply those requirements for direct engagements.

Assurance Report Content

For both attestation and direct engagements, the assurance practitioner shall include in the assurance report the basic elements required by ASAE 3000,^[25] which are at a minimum:

1. A title, indicating that it is an independent assurance report;
2. An addressee;
3. An identification of whether reasonable or limited assurance has been obtained by the assurance practitioner;
4. Identification of the compliance requirements;
5. Whether the assurance practitioner is reporting on compliance throughout the specified period or as at a specified date;
6. In the case of an attestation engagement, reference to the responsible party’s Statement as required by paragraph 24(a) and whether that Statement is available to intended users by accompanying the assurance report, reproduction in the assurance report or another identified source;
7. Identification of the overall and/or specific criteria used for evaluating the compliance activity;
8. If appropriate, a description of any significant inherent limitations associated with the evaluation of the compliance activity against the compliance requirements;
9. A statement that the responsible party or evaluator is responsible for:
   1. In an attestation engagement:
      1. Providing a Statement with respect to the outcome of the evaluation of the compliance activity against the compliance requirements;
      2. Identifying the compliance requirements (where not identified by Parliament, the Government, law or regulation, or another party, for example, a user group or a professional body); and
   2. In both an attestation and a direct engagement:
      1. The compliance activity covered by the assurance practitioner’s report;
      2. Identifying, designing and implementing controls to enable the compliance requirements to be met and to monitor ongoing compliance;
10. A statement that the assurance practitioner’s responsibility is to express a conclusion on whether the compliance requirements have, in all material respects, been met;
11. A statement that the engagement was performed in accordance with ASAE 3100 Compliance Engagements;
12. A statement that the firm of which the assurance practitioner is a member applies ASQM 1, or other professional requirements, or requirements in law and regulation, that are at least as demanding as ASQM 1. If the assurance practitioner is not a professional accountant, the statement shall identify the professional requirements, or requirements in law and regulation, applied that are at least as demanding as ASQM 1;
13. A statement that the assurance practitioner complies with the independence and other relevant ethical requirements related to assurance engagements, or other professional requirements, or requirements imposed by law or regulation, that are at least as demanding;
14. An informative summary of the work performed as a basis for the assurance practitioner’s conclusion. In the case of a limited assurance engagement, an appreciation of the nature, timing, and extent of procedures performed is essential to understanding the assurance practitioner’s conclusion. In a limited assurance engagement, the summary of the work performed shall state that: (Ref: Para. A53-A57)
    1. The procedures performed in a limited assurance engagement vary in nature and timing from, and are less in extent than for, a reasonable assurance engagement; and
    2. Consequently, the level of assurance obtained in a limited assurance engagement is substantially lower than the assurance that would have been obtained had a reasonable assurance engagement been performed;
15. When the criteria used to evaluate the compliance requirements are available only to specific intended users, or are relevant only for a specific purpose, a statement restricting the use of the assurance report to those intended users or that purpose; (Ref: Para. A58)
16. Either, the assurance practitioner’s opinion for a reasonable assurance engagement or the assurance practitioner’s conclusion for a limited assurance engagement about whether, in all material respects the entity complied with the compliance requirements throughout the specified period or as at a specified date;
17. When the assurance practitioner expresses a modified conclusion, the assurance report shall contain:
    1. A section (entitled: Basis for Qualified/Adverse/Disclaimer of Conclusion/Opinion) that provides a description of the matter(s) giving rise to the modification; and
    2. A section that contains the assurance practitioner’s modified conclusion;
18. The assurance practitioner’s signature, the date of the assurance report and the location in the jurisdiction where the assurance practitioner practices.

If the assurance practitioner provides a long‑form assurance report to meet the information needs of users, as agreed in the terms of engagement, or as required by law or regulation, the assurance practitioner’s report shall include a separate section, or an attachment, containing any other information and explanations that are not intended to affect the assurance practitioner’s conclusion and are clearly identified as such. (Ref: Para. A51)

If the assurance practitioner is required to conclude on other subject matters under different AUASB standards in conjunction with an engagement to report under this ASAE, the assurance report shall include a separate section for each subject matter in the assurance report, clearly differentiated by appropriate section headings.

Emphasis of Matter and Other Matter Paragraphs

The assurance practitioner shall include an Emphasis of Matter or Other Matter paragraph in the circumstances provided for in ASAE 3000^[26] for an attestation engagement.  In a direct engagement, if the assurance practitioner considers it necessary to communicate a matter that, in the assurance practitioner’s judgement, is relevant to intended users’ understanding of the engagement, the assurance practitioner’s responsibilities or the assurance report, the assurance practitioner shall include in the assurance report an Other Matter paragraph, with an appropriate heading, that clearly indicates the assurance practitioner’s conclusion is not modified in respect of the matter.

Modified Conclusions

If the assurance practitioner concludes that the compliance activity has not met the compliance requirements throughout the specified period or as at a specified date; or the assurance practitioner is unable to obtain sufficient appropriate evidence, the assurance practitioner’s conclusion shall be modified, and the assurance practitioner’s report shall include a section with a clear description of all the reasons for the modification. (Ref: Para. A59-A61)

Scope Limitation

When a scope limitation is imposed by the circumstances of the particular engagement, the assurance practitioner shall attempt to perform alternative procedures to overcome the limitation.  When a scope limitation exists and remains unresolved, the wording of the assurance practitioner’s conclusion shall indicate that it is qualified as to the effects of any instances of non‑compliance with the compliance requirements, which might have been identified had the limitation not existed.  If the effect of the unresolved scope limitation is both material and pervasive, the assurance practitioner shall express a disclaimer of conclusion. (Ref: Para. A62)

The assurance practitioner shall consider whether, pursuant to the terms of the engagement, if applicable, and other engagement circumstances, any matter has come to the attention of the assurance practitioner that is to be communicated with the responsible party, the evaluator, the engaging party, those charged with governance or others, as required by ASAE 3000.^[27]  If during the course of the engagement the assurance practitioner identifies any matters of non‑compliance with the entity’s compliance requirements other than those which are clearly trivial, the assurance practitioner shall communicate on a timely basis to an appropriate level of management those matters of non‑compliance or those charged with governance on a timely basis those matters of material non‑compliance. (Ref: Para. A64)

In limited circumstances the assurance practitioner may be required by law or regulation and  the terms of the engagement to report all instances of non‑compliance with the compliance requirements to the regulator^[28].

If the assurance practitioner has identified a fraud or has obtained information that indicates that a fraud may exist, the assurance practitioner shall communicate these matters on a timely basis to the appropriate level of management or those charged with governance in order to inform those with primary responsibility for the prevention and detection of fraud of matters relevant to their responsibilities.  The assurance practitioner shall determine whether there is a responsibility to report the occurrence or suspicion to a party outside the entity. (Ref: Para. A63)

The assurance practitioner shall design engagement procedures to gather sufficient appropriate evidence to form a conclusion in accordance with the terms of the engagement.  In the absence of a specific requirement in the terms of engagement the assurance practitioner does not have a responsibility to design procedures to identify matters outside the scope of the engagement that may be appropriate to report to management or those charged with governance.

The assurance practitioner shall prepare documentation in accordance with ASAE 3000.^[29] In documenting the nature, timing and extent of procedures performed as required by ASAE 3000, the assurance practitioner shall record (Ref: Para. A65):

1. The identifying characteristics of the compliance activity being tested;
2. Who performed the work and the date such work was completed; and
3. Who reviewed the work performed and the date and extent of such review.

If the assurance practitioner uses specific work of the internal audit function, the assurance practitioner shall document the conclusions reached regarding the evaluation of the adequacy of the work of the internal audit function, and the procedures performed by the assurance practitioner on that work.

(Ref: Para. 1)

Engagements which are covered by this ASAE and those that are covered by other subject matter specific ASAEs have been further illustrated at Appendix 4.

(Ref: Para. 3-14)

The primary purpose of an assurance engagement is the conduct of assurance procedures to provide an assurance conclusion.  However, the assurance practitioner is not precluded from providing recommendations for improvements to the compliance framework or compliance activities in conjunction with or as a result of conducting an assurance engagement to report on compliance.

In a direct engagement, the assurance practitioner evaluates the compliance activity conducted by the responsible party to meet the compliance requirement.  In a attestation engagement, the responsible party evaluates the compliance activity against the compliance requirements and provides a statement on the compliance outcome.

The primary practical difference for the assurance practitioner between an attestation and a direct engagement is the additional work effort for a direct engagement when planning the engagement and understanding the compliance framework and other engagement circumstances e.g. criteria to be applied.  In a direct engagement the assurance practitioner selects, or is required to use, the criteria which address the purpose or overall objective of the compliance engagement.  This difference affects the assurance practitioner’s work effort in planning a direct engagement if the compliance requirements have not been identified or documented and in understanding the entity’s compliance framework where a description is not available.

In a three party relationship, which is an element of an assurance engagement,^[30] the responsible party may or may not be the engaging party, but is responsible for the compliance activities which are the underlying subject matter of the engagement and is a separate party from the intended users.  The responsible party and the intended users may both be internal to the entity, for example if the responsible party is at an operational level of management and the intended users are at the level of those charged with governance, such as the Board or Audit Committee.  See Appendix 1 for a discussion of how each of these roles relate to an assurance engagement on compliance.

(Ref: Para. 19)

The assurance practitioner, in order to comply with relevant ethical requirements gives consideration to whether the assurance practitioner has provided internal audit or consulting services with respect to the compliance framework or implementation of controls at the entity, as any such past or current engagements may impact on the assurance practitioner’s independence and are likely to preclude acceptance of the engagement.

Competence and Capabilities to Perform the Engagement

Relevant competence and capabilities, including having sufficient time to perform the compliance engagement, as required by ASAE 3000^[31] by persons who are to perform the engagement, include matters such as the following:

• Knowledge of the relevant industry, compliance frameworks, the nature of the overall compliance requirements (for example: emissions quantification or regulatory compliance).
• An understanding of controls, IT and systems.
• Experience in evaluating risks as they relate to the compliance requirements.
• Experience in the design and execution of tests of compliance and the evaluation of the results.

Rational Purpose

When considering the acceptance of a limited assurance engagement on compliance, ASAE 3000 requires the assurance practitioner to determine whether a meaningful level of assurance is expected to be able to be obtained,^[32] which may include whether a limited assurance engagement is likely to be meaningful to users.  In making this assessment, consideration is given to the intended users of the assurance report and whether they are likely to understand the limitations of a limited assurance engagement, including the need to read the assurance report in detail to understand the assurance procedures performed and the assurance obtained.

Assessing the Appropriateness of the Subject Matter (Ref: Para. 21)

An appropriate subject matter is:

1. Identifiable, and capable of consistent evaluation against the identified criteria; and
2. Able to be subjected to procedures for gathering sufficient appropriate evidence to support a reasonable assurance or limited assurance conclusion, as appropriate.

Examples of subject matters that may be appropriate for a compliance engagement include compliance with the following:

• General Insurers and Insurance Groups - Risk Management Strategy & Reinsurance Management Strategy (RMS/REMS).
• Treasurer’s Instructions.
• Managed Investment Schemes – Compliance Plan.
• Registered Superannuation Entity – SIS Act requirements (SPS 310).
• Financial Services Licensee – Corporations Act 2001 requirements.

For further guidance on assessing the appropriateness of the subject matter refer to Appendix 3 and ASAE 3000^[11]

Assessing the Suitability of the Criteria (Ref: Para. 23)

Where the criteria are prescribed by legislation or regulation the criteria will ordinarily be deemed to be suitable for the purposes of the compliance engagement.  In limited circumstances where this is not the case, the assurance practitioner needs to assess the suitability of the criteria.

In the context of a compliance engagement, examples of criteria include:

• Externally imposed criteria under law or directives, including:
  • Legislation.
  • Regulation.
  • Other statutory requirements (e.g. ASIC Regulatory Guides and Practice Notes or APRA Prudential Standards).
  • Ministerial directives.
  • Industry or professional obligations (professional standards or guidance, codes of practice or conduct).
  • Enforceable contractual obligations.
  • Enforceable undertakings.
• Internally imposed criteria, as determined by management, including:
  • Organisational policies and procedures.
  • Frameworks, for example, compliance framework based on ISO 19600 – Compliance Management Systems.

Criteria need to be identified by the parties to the engagement and agreed by the engaging party and the assurance practitioner.  The assurance practitioner may need to discuss the criteria to be used with those charged with governance, management and the intended users of the report.  Criteria can be either established or specifically developed.  The assurance practitioner normally concludes that established criteria embodied in laws or regulations or issued by professional bodies, associations or other recognised authorities that follow due process are suitable when the criteria are consistent with the objective.  Other criteria may be agreed to by the intended users of the assurance practitioner’s report, or a party entitled to act on their behalf, and may also be specifically developed for the engagement.

In situations where the criteria have been specifically developed for the engagement, the assurance practitioner may obtain from the intended users or a party entitled to act on their behalf, acknowledgment that the specifically developed criteria are sufficient for the user’s purposes. (Ref: Para. 23)

Agreeing on the Terms of the Engagement (Ref: Para. 24-25)

When agreeing whether the engagement is to be conducted as an attestation or direct engagement, the assurance practitioner considers factors such as whether:

1. there is a regulatory requirement or users need an evaluation of the compliance activity by the responsible party or evaluator (Ref: Para. 27); or
2. the entity has the resources and expertise to prepare a suitable description or documentation of the compliance activity, compliance requirements and related controls and conduct a meaningful evaluation of the compliance outcome.

The needs of users and the period in which the compliance activity has been in place are considered in agreeing the specified date or the specified period to be covered by the assurance engagement, so that the report is not likely to be misleading.

If the criteria are available when agreeing the terms of engagement, they may be listed or attached to the engagement letter or other written terms.

Where relevant, the terms of the engagement could also include a reference to, and description of, the auditor’s responsibility in accordance with:

• applicable law;
• regulation or relevant ethical requirements, and
• obligations to report identified or suspected non-compliance with laws and regulations to an appropriate authority outside the entity is required or appropriate in the circumstances.

When agreeing whether the report will be in long‑form, including matters such as evaluation of compliance procedures and detailed findings,  both the needs of users and the risks of users misunderstanding the context of the procedures conducted or the findings reported are considered.  Reporting evaluation of compliance procedures and findings may be appropriate where the users are knowledgeable with respect to assurance and the compliance requirements and, therefore, not likely to misinterpret those findings.

An example engagement letter(s) is contained in Appendix 5.

Planning (Ref: Para. 30)

The nature and extent of planning activities will vary with the compliance engagement circumstances, for example the size and complexity of the compliance activity and requirements, the assurance practitioner’s previous experience with this area and the entity as a whole. Examples of the main matters to be considered when developing the engagement plan include:

1. Matters affecting the industry in which the entity operates, for example economic conditions, laws and regulations, and technology;
2. Risks to which the entity is exposed that are relevant to the compliance activity being examined;
3. The quality of the control environment within the entity and the role of the governing body, audit committee and internal audit function;
4. Knowledge of the entity’s internal control structure obtained during other engagements;
5. The extent of recent changes if any, in the entity, its operations or its compliance framework;
6. Methods adopted by management to evaluate the effectiveness of the compliance framework;
7. Preliminary judgements about significant risk;
8. The nature and extent of evidence likely to be available;
9. The nature of control procedures relevant to the compliance activity and their relationship to the compliance framework taken as a whole;
10. The assurance practitioner’s preliminary judgement about the effectiveness of the compliance framework taken as a whole and of the control procedures within the framework;
11. The terms of the compliance engagement;
12. The characteristics of the compliance activity and the identified criteria;
13. Identification of intended users and their needs, and consideration of materiality and the components of compliance engagement risk; and
14. Personnel and expertise requirements, including the nature and extent of involvement by experts.

The assurance practitioner may decide to discuss elements of planning with management or other appropriate party when determining the scope of the engagement or to facilitate the conduct and management of the engagement (for example, to co‑ordinate some of the planned procedures with the work of the entity’s personnel).  Although these discussions often occur, the overall engagement strategy and the engagement plan remain the assurance practitioner’s responsibility.  When discussing matters included in the overall engagement strategy or engagement plan, care is required in order not to compromise the effectiveness of the engagement.  For example, discussing the nature and timing of detailed procedures with the entity may compromise the effectiveness of the engagement by making the procedures too predictable.

Materiality (Ref: Para.31)

The same considerations in both limited and reasonable assurance engagements are applied regarding what represents a material compliance requirement, since such judgements are not affected by the level of assurance being obtained.

Materiality of the compliance requirements is considered at the planning stage, and is reassessed during the engagement based on the findings.   The materiality of any identified deficiencies in the compliance framework and/or non‑compliance with compliance requirements is considered when evaluating the findings of the compliance engagement.

Materiality is considered when determining the nature, timing and extent of evidence gathering procedures, and when evaluating whether a matter of non‑compliance is material.  In considering materiality, the assurance practitioner understands and assesses what factors might influence the decisions of the intended users.

Materiality is considered when evaluating the effect of accumulated deficiencies in the compliance framework or matters of non‑compliance with the compliance requirements.  Material deficiencies or matters of non‑compliance are those which could significantly impact the compliance requirements being met and reasonably be expected to influence relevant decisions of the intended users.

Materiality is considered in the context of quantitative and qualitative factors, such as relative magnitude of instances of detected or suspected matter(s) of non‑compliance, the nature and extent of the effect of these factors on the evaluation of compliance with the compliance requirements and the interests of the intended users.  The assessment of materiality and the relative importance of quantitative and qualitative factors in a particular engagement are matters for the assurance practitioner’s professional judgement, taking into account specific regulatory reporting requirements.

Quantitative and qualitative factors which the assurance practitioner may consider when assessing materiality include:

• The magnitude of the instances of detected or suspected matter(s) of non-compliance with the compliance requirements.
• The financial impact of the matter(s) of non-compliance on the entity as a whole.
• The nature of the matter(s) of non-compliance – one off or systemic.
• Evidence of a robust compliance framework in place to detect, rectify and report matter(s) of non-compliance.
• Commonly accepted practices within the relevant industry.
• The nature of relevant transactions, whether they involve high volumes, large dollar values and complex transactions relative to the compliance activity as a whole.
• The extent of interest shown in particular aspects of the compliance activity by, for example, governing body, regulatory authorities and agencies or the public.

Obtaining an Understanding of the Compliance Framework and Compliance Requirements (Ref: Para. 32)

The assurance practitioner’s understanding of the compliance framework and compliance requirements, ordinarily, has a lesser depth for a limited assurance engagement than for a reasonable assurance engagement. The assurance practitioner’s procedures to obtain this understanding may include:

• Review and understand the relevant compliance requirements.
• Enquiring of those within the entity who, in the assurance practitioner’s judgement, may have relevant information.
• Observing operations.
• Inspecting documents, reports, printed and electronic records.
• Re-performing compliance procedures.

The nature and extent of procedures to gain this understanding are a matter for the assurance practitioner’s professional judgement and will depend on factors such as:

1. The entity’s size and complexity;
2. The nature of the activity to be examined, including the compliance requirement(s) to which the compliance procedures are directed and the risk that those compliance requirements will not be met;
3. The extent to which IT is used; and
4. The documentation available.

The nature and extent of planning and subsequent evidence-gathering procedures will vary with the engagement circumstances, and the maturity of the entity’s compliance framework.

Elements of an entity’s compliance framework ordinarily include the following:

• Procedures for identifying and updating compliance requirements.
• Staff training and awareness programs.
• Procedures for assessing the impact of compliance requirements on the entity’s key business activities.
• Controls embedded within key business processes designed to ensure compliance with requirements.
• Processes to identify and monitor the implementation of further mitigating actions required to ensure that compliance requirements are met.
• A monitoring plan to test key compliance controls on a periodic basis and report exceptions.
• Procedures for identifying, assessing, rectifying and reporting matters of non-compliance.
• Periodic sign off by management and/or external third party outsourced service providers^[34] as to compliance with requirements.
• A compliance governance structure that establishes responsibility for the oversight of compliance control activities with those charged with governance, typically a Board Audit, Risk Management or Compliance Committee.

Identifying Risks of Fraud (Ref: Para. 33,41)

Management is in a unique position to perpetrate fraud because of their ability to manipulate the entity’s records or prepare fraudulent reports by overriding controls that otherwise appear to be operating effectively.  Although the level of risk of management override of controls will vary from entity to entity, the risk is nevertheless present in all entities.  Due to the unpredictable way in which such override could occur, it is a risk that compliance requirements will not be met due to fraud and thus is a significant risk.

The assurance practitioner may consider undertaking the following procedures to obtain sufficient appropriate evidence of the risk of fraud in relation to the compliance requirements:

1. Make enquiries of management with respect to compliance regarding:
   1. Management’s assessment of the risk that controls may be circumvented due to fraud, including the nature, extent and frequency of such assessment;
   2. Management’s process for identifying and responding to the risks of fraud;
   3. Management’s communication, if any, to those charged with governance regarding its processes for identifying and responding to the risks of fraud; and
   4. Management’s communication, if any, to employees regarding its views on corrupt or fraudulent business practices and unethical behaviour;
2. Make enquiries of those charged with governance, management, and others within the entity as appropriate, to determine whether they have knowledge of any actual, suspected or alleged fraud with respect to compliance affecting the entity;
3. Make enquiries of the internal audit function, where it exists, to determine whether it has knowledge of any actual, suspected or alleged fraud affecting the entity, and to obtain its views about the risks of fraud;
4. Obtain an understanding of how those charged with governance exercise oversight of processes for identifying and responding to the risks of fraud in the entity and the internal controls that have been established to mitigate these risks as far as they relate to the compliance requirements;
5. Consider whether other information obtained by the assurance practitioner indicates risks of compliance requirements not being met due to fraud, for which mitigating controls are necessary;
6. Evaluate whether the information obtained from the other risk assessment procedures and related activities performed indicates that one or more fraud risk factors are present; and
7. Identify controls over matters for which decisions or actions are not routine, such as adjustments to records, development of estimates and activities outside the normal course of business.

Obtaining an Understanding of the Internal Audit Function (Ref: Para. 34-38)

In obtaining an understanding of the compliance framework, including controls, the assurance practitioner determines whether the entity has an internal audit function and its effect on the controls within the compliance framework.  The internal audit function ordinarily forms part of the entity’s internal control and governance structures.  The responsibilities of the internal audit function may include, for example, monitoring of internal control, risk management, and review of compliance with laws and regulations, and is considered as part of the assurance practitioner’s assessment of risk.

An effective internal audit function may enable the assurance practitioner to modify the nature and/or timing, and/or reduce the extent of assurance procedures performed, but cannot eliminate them entirely.

(Ref: Para. 42-46)

Compliance engagements require the application of assurance skills and techniques to gather sufficient appropriate evidence as part of an iterative, systematic assurance engagement  process.  As the assurance practitioner performs planned procedures, the evidence obtained may differ significantly from that on which the planned procedures were based and cause the assurance practitioner to perform additional procedures.

When compliance requirements apply throughout the specified period, the assurance practitioner may consider the nature and frequency of the compliance activities undertaken, and modify the nature, timing and extent of evaluation and/or testing to be undertaken on compliance activities.  Knowledge of non‑compliance observed in prior periods is likely to lead the assurance practitioner to increase the extent of evaluation and/or testing throughout the specified period.

The assurance practitioner may become aware of a matter(s) that causes the assurance practitioner to believe that there are deficiencies in the compliance framework or the compliance activity is not compliant with the compliance requirements.   In such cases, the assurance practitioner may investigate such differences by, for example, inquiring of the appropriate party(ies) or performing other procedures as appropriate in the circumstances.

Limited and Reasonable Assurance Engagements (Ref: Para. 43)

The level of assurance obtained in a limited assurance engagement is lower than in a reasonable assurance engagement, therefore the procedures the assurance practitioner performs in a limited assurance engagement are different in nature and timing from, and are less in extent than for, a reasonable assurance engagement. The primary differences between the assurance practitioner’s overall responses to assessed risks and further procedures conducted in a reasonable assurance engagement and a limited assurance engagement on compliance include:

1. The emphasis placed on the nature of various procedures as a source of evidence will likely differ, depending on the engagement circumstances. For example, the assurance practitioner may judge it to be appropriate in the circumstances of a particular limited assurance engagement to place relatively greater emphasis on indirect evaluation of compliance activities, such as enquiries of the entity’s personnel, and relatively less emphasis, on evaluation of compliance activities, such as observation, re-performance or inspection, than may be the case for a reasonable assurance engagement.
2. In a limited assurance engagement, the further procedures performed are less in extent than in a reasonable assurance engagement in that those procedures may involve:
   1. Selecting fewer items for examination;
   2. Performing fewer types of procedures; or
   3. Performing procedures at fewer locations.

(Ref: Para. 47)

ASAE 3000^[35] provides application material for the circumstances where an assurance practitioner’s expert is involved in the engagement.  This material may also be used as  guidance when using the work of another assurance practitioner or a responsible party’s or evaluator’s expert.

(Ref: Para. 48)

When information on compliance activities to be used as evidence has been prepared using the work of a responsible party’s or evaluator’s expert, the nature, timing and extent of procedures with respect to the work of the responsible party’s or evaluator’s expert may be affected by such matters as:

1. The nature and complexity of the compliance activity to which the expert’s work relates;
2. The risks of a material deficiency in the compliance framework or non-compliance with the compliance requirements throughout the specified period or as at a specified date;
3. The availability of alternative sources of evidence or mitigating controls;
4. The nature, scope and objectives of the expert’s work;
5. Whether the expert is employed by the entity, or is a party engaged by it to provide relevant services;
6. The extent to which the responsible party or evaluator can exercise control or influence over the work of the expert;
7. Whether the expert is subject to technical performance standards or other professional or industry requirements;
8. The nature and extent of any controls within the entity over the expert’s work;
9. The assurance practitioner’s knowledge and experience of the expert’s field of expertise; and
10. The assurance practitioner’s previous experience of the work of that expert.

Work Performed by the Internal Audit Function (Ref: Para.  34-38)

The nature, timing and extent of the assurance practitioner’s procedures on specific work of the internal auditors will depend on the assurance practitioner’s assessment of the significance of that work to the assurance practitioner’s conclusions, the evaluation of the internal audit function and the evaluation of the specific work of the internal auditors. Such procedures may include:

1. Examination of evidence of the operation of the compliance activity already examined by the internal auditors;
2. Examination of evidence of the operation of other instances of the same compliance activity;
3. Examination of the outcomes of monitoring of controls by internal auditors; and
4. Observation of procedures performed by the internal auditors.

Irrespective of the degree of autonomy and objectivity of the internal audit function, such a function is not independent of the entity as is required of the assurance practitioner when performing the compliance engagement.  The assurance practitioner has sole responsibility for the conclusion expressed in the assurance report, and that responsibility is not reduced by the assurance practitioner’s use of the work of the internal auditors.

In evaluating any matter(s) of non‑compliance (corrected or un‑corrected) with the compliance requirements materiality is considered as specified in the terms of the engagement where relevant, any relevant legislative, regulatory or other (e.g. contractual) requirements which may apply and the effect on the decisions of the intended users of the assurance report and the assurance practitioner’s conclusion. (Ref: Para. 49-50)

For both reasonable and limited assurance engagements, if the assurance practitioner becomes aware of a matter that leads the assurance practitioner to question whether a material matter of non‑compliance exists, the assurance practitioner would ordinarily pursue the matter by performing other evidence gathering procedures sufficient to enable the assurance practitioner to form a conclusion. (Ref: Para. 44)

(Ref: Para. 51)

For application material on using written representations refer to ASAE 3000.^[36]

The person(s) from whom the assurance practitioner requests written representations will ordinarily be a member of senior management or those charged with governance.  However, because management and governance structures vary by entity, reflecting influences such as different cultural and legal backgrounds, and size and ownership characteristics, it is not possible for this ASAE to specify for all engagements the appropriate person(s) from whom to request written representations.  The process to identify the appropriate person(s) from whom to request written representations requires the exercise of professional judgement.

(Ref: Para 52)

Assurance procedures with respect to the identification of subsequent events after period end are limited to examination of relevant reports, for example reports on compliance procedures, minutes of relevant committees and enquiry of management or other personnel as to significant matter(s) of non‑compliance with compliance requirements.

The assurance practitioner does not have any responsibility to perform procedures or make any enquiry after the date of the report.  If however, after the date of the report, the assurance practitioner becomes aware of a matter identified, the assurance practitioner may consider re‑issuing the report.  In an attestation engagement where the report has already been issued, the new report includes an Emphasis of Matter discussing the reason for the new report.  In a direct engagement, the new report discusses the reason for the new report under a heading “Subsequent Events”.

(Ref: Para. 55-58)

Assurance Report Content

The assurance practitioner may expand the report to include other information not intended as a qualification of the assurance practitioner’s conclusion. If the report includes other information it is a long-form report as the information is additional to the basic elements required in paragraph 56 for a short-form report. This additional information may be required by regulation or agreed in the terms of the engagement to meet the needs of users. When considering whether to include any such information the assurance practitioner assesses the materiality of that information in the context of the objectives of the engagement. Other information is not to be worded in such a manner that it may be regarded as a qualification of the assurance practitioner’s conclusion and may include for example:

• Relevant background information and historical context.
• The assurance approach.
• Underlying facts and criteria applied.
• Disclosure of materiality levels.
• Findings relating to particular aspects of the compliance engagement.
• Analysis of the causes of non-compliance with the compliance requirements.
• Recommendations for improvements to address identified compliance framework deficiencies.

In some circumstances, the form and/or content of the assurance report is prescribed by law or regulation.  In such cases, the assurance practitioner compares the prescribed report with the reporting requirements under this ASAE to ensure the minimum basic elements have been met. (Ref: Para. 27)

Summary of the Work Performed (Ref: Para 56(n))

The summary of the work performed helps the intended users understand the nature of the assurance conveyed by the assurance report.  For many assurance engagements, infinite variations in procedures are possible in theory.  It may be appropriate to include in the summary a statement that the work performed included evaluating the suitability of the criteria and the compliance requirements and the risks that threaten those compliance requirements not being met.  ASAE 3000 provides application material on reporting on the applicable criteria.

In a limited assurance engagement an appreciation of the nature, timing, and extent of procedures performed is essential to understanding the assurance conveyed by the conclusion, therefore the summary of the work performed is ordinarily more detailed than for a reasonable assurance engagement and identifies the limitations on the nature, timing, and extent of procedures.  It also may be appropriate to indicate certain procedures that were not performed that would ordinarily be performed in a reasonable assurance engagement.  However, a complete identification of all such procedures may not be possible because the assurance practitioner’s required understanding and consideration of engagement risk is less than in a reasonable assurance engagement.

Factors to consider in determining the level of detail to be provided in the summary of the work performed include:

1. Circumstances specific to the entity (e.g. the maturity of the entity’s compliance framework compared to those typical in the industry sector);
2. Specific engagement circumstances affecting the nature and extent of the procedures performed; and
3. The intended users’ expectations of the level of detail to be provided in the report, based on market practice, or applicable law or regulation.

It is important that the summary be written in an objective way that allows intended users to understand the work done as the basis for the assurance practitioner’s conclusion.  In most cases this will not involve detailing the entire work plan, but on the other hand it is important for it not to be so summarised as to be ambiguous, nor written in a way that is overstated or embellished.

Illustrative examples of assurance practitioner’s reports are contained in Appendix 6.

Intended Users and Specific Purpose of the Assurance Report (Ref: Para.  56(o))

If the assurance practitioner’s report on compliance has been prepared for a specific purpose and is only relevant to the intended users, this is stated in the assurance practitioner’s report.  In addition, the assurance practitioner may consider it appropriate to include wording that specifically restricts distribution of the assurance report other than to intended users, its use by others, or its use for other purposes.

Modified Conclusions (Ref: Para. 60‑61)

Modifications to the assurance report may be made in the following circumstances:

1. A qualified conclusion may be issued if the following matters are material but not pervasive:
   1. Unsuitable criteria mandated by legislation or regulation where the assurance practitioner is unable to resign from the engagement;
   2. Scope limitation;
   3. Non-compliance with the compliance requirements;
   4. Misstatement in the Statement;
2. An adverse conclusion may be issued if the following matters are both material and pervasive:
   1. Unsuitable criteria mandated by legislation or regulation where the assurance practitioner is unable to resign from the engagement;
   2. Non-compliance with the compliance requirements;
   3. Misstatement in the Statement;
3. A disclaimer may be issued if there is a limitation of scope which is both material and pervasive.

Illustrative examples of elements of modified assurance practitioner’s reports are contained in Appendix 7.

Even if the assurance practitioner has expressed an adverse conclusion or a disclaimer of conclusion, it may be appropriate to describe in the basis for modification paragraph the reasons for any other matters of which the assurance practitioner is aware that would have required a modification to the conclusion, and the effects thereof.

When expressing a disclaimer of conclusion, because of a scope limitation, it is not ordinarily appropriate to identify the procedures that were performed nor include statements describing the characteristics of the assurance practitioner’s engagement; to do so might overshadow the disclaimer of conclusion.

(Ref: Para. 62-65)

Appropriate actions to respond to the circumstances identified in paragraph 65 may include:

• Obtaining legal advice about the consequences of different courses of action.
• Communicating with those charged with governance of the entity.
• Communicating with third parties (for example, a regulator) when required to do so.
• Modifying the assurance practitioner’s conclusion, or adding an Other Matter paragraph.
• Withdrawing from the engagement.

Certain matters identified during the course of the engagement may be of such importance that they would be communicated to those charged with governance.  Unless stated otherwise in the terms of engagement, less important matters would be reported to a level of management that has the authority to take appropriate action.

(Ref: Para. 66-67)

For application material on preparing and maintaining documentation refer ASAE 3000.^[37]