ASIC has disqualified Robert Newham of the Australian Capital Territory from being an approved self-managed superannuation fund (SMSF) auditor for breaching independence requirements and professional development requirements.

ASIC found that Mr Newham had breached the auditor independence requirements of APES 110 Code of Ethics for Professional Accountants, in that he audited his own fund and audited funds where his staff had prepared the financial statements. Mr Newham also failed to comply with his continuing professional development requirements.

ASIC Commissioner John Price said, 'SMSF auditors play a fundamental role in promoting confidence in the SMSF sector so it is crucial that they adhere to ethical standards and other requirements. ASIC will continue to take action where the conduct of SMSF auditors is inadequate.'

SMSF trustees and members can check whether their auditor is registered, or whether a person has been disqualified, by searching ASIC's SMSF auditor register at connectonline.asic.gov.au

Background

Information about Mr Newham was referred to ASIC by the Australian Taxation Office (ATO) under section 128P of the Superannuation Industry (Supervision) Act 1993 (the SIS Act).

From 1 July 2013, the SIS Act required all auditors of SMSFs to be registered with ASIC. This was to ensure that all SMSF auditors meet the base standards of competency and expertise.

ASIC and the ATO work closely together as co-regulators of SMSF auditors. The ATO monitors SMSF auditor conduct and may refer matters to ASIC for possible action such as disqualification or suspension of their registration.