Local government investing: a form of gampling?
Jones, Greg ; Bowrey, Graham
1. INTRODUCTION
Local councils in New South Wales have been given the authority
under section 625 of the Local Government Act (1993) to invest monies
that are not required for immediate use in a range of financial
instruments. This authority to invest monies that has been derived from
the ratepayers within each community, has a number of restrictions with
respect to the types of allowed investment types, which are imposed by
the NSW Department of Local Government.
The NSW Department of Local Government is a State Government
regulatory agency responsible for implementing the Local Government Act
of 1993. In addition, the department also provides policy advice to the
NSW State Government, manages the relationship between councils and the
State Government and is responsible for the financial framework under
which local governments operate (DLG 2008a). The other major role
undertaken by the NSW Department of Local Government is to work with the
councils so they are able to appropriately deliver services to their
communities (DLG 2008a).
This paper looks at the significant financial exposure, identified
in the Cole report (2008), of a number of councils in NSW with respect
to their investments in structured financial products such as
collateralised debt obligations (CDO) and the impact of the bankruptcy
of Lehman Brothers Holding Inc who managed many of the councils'
investments. The paper also considers how those councils have disclosed
their exposure to CDO's in the financial reports of 2007/08, how
their auditors have addressed the problem through their audit reports
and the potential impact on local councils in NSW ability to continue to
provide services for their constituents.
2. BACKGROUND TO LOCAL GOVERNMENT STRUCTURE IN AUSTRALIA
Australia operates under a three tier government system consisting
of Federal (Commonwealth) government; state government and, local
government (Boon et al, 2005). The Commonwealth (Federal) government
oversee a federation consisting of six states and two territories and
have been granted the authority under the Commonwealth Constitution Act
1900 (Burritt and Welch 1997).
Within the States and Territories are local government councils
who, in Australia, are responsible for building and maintaining roads;
developing infrastructure for essential services, such as water supply
and providing waste removal, community sporting facilities and care
services such as child and aged care (Boon et al, 2005). The State and
Territory governments are responsible for specifying the powers and
responsibilities of the local government entities within each state
(Boon et al, 2005). Due to the omission of any mention of Local
Government authorities within the Commonwealth Constitution (Stilwell
and Troy 2000) Local Government councils are reliant on the states and
territories for authority to perform their functions and to raise funds.
Local Government powers continue to be defined and controlled by State
Government ministers who have the authority to remove or reduce Local
Government powers and responsibilities, or even change their boundaries
(Stilwell and Troy 2000, p. 924). Nevertheless, Local Governments
understand and appreciate the local and regional issues better than
either the Federal or State Governments and it is the local councils
that are the "most sensitive to" community interests, even
though they have been "relegated to a subordinate role"
(Stilwell and Troy 2000, p. 909). This paper focuses on the local
government councils in the Australian state of New South Wales (NSW).
2.1 Councils in New South Wales
In NSW the first piece of legislation to establish a system of
local government was passed in 1842 under the NSW South Wales
Constitution Act 1842. This Act provided the Governor of NSW power to
"create district councils for the purpose of constructing and
maintaining roads, police services, water supply and a variety of other
local services and infrastructure requirements" (Dredge 2001, p.
358). The Governor was also given the power to appoint the wardens and
councillors to the 28 district councils he [and it was always a he] had
established (Dredge 2001). This Act was repealed in 1858 when the
Municipalities Act 1858 passed. The Act introduced the notion of
representative government; however the population of some of the
municipalities were of a size that it was not financially possible for
them to undertake the tasks for which they were created (Dredge 2001).
Like the 1842 Act the Municipalities Act 1858 was repealed and the new
Act was passed in 1867; however the problem of financial inefficiencies
with small councils continued (Dredge 2001).
After Federation in 1901, when "the separate colonies of the
then British Empire in Australia decided to join together" (APH
2008, p.1), a new Act was passed in 1906 which recognised the needs of
non rate paying members of the community. According to Dredge (2001)
this Act "represented a great advance for local government in NSW,
establishing the major principles by which modern local government
operated (2001, p. 365). The principles of the 1906 Act were reflected
in the 1919 Act which was in place for the next seventy four years until
the current NSW Local Government Act 1993 was passed.
The NSW Local Government Act 1993 reflects the changes society has
experienced over the past one hundred years including the significant
economic and technological changes and the changing requirements of
society and society's expectations of local government. The 1993
Act was meant to include provisions to accommodate the changes society
has undergone by emphasising "greater accountability by councils to
their communities; more professional management of the day-to-day
activities of councils; and increased flexibility to devise methods of
efficient service delivery and the performance of regulatory
activities" (Dredge 2001, p. 370). However, the two main
limitations imposed on local government remain; the relatively small
size of councils which inhibits financial effectiveness and the level of
power held by the State government.
One way to overcome the associated efficiency problems of small
councils has been the development and implementation of a number of
reforms to the financial reporting requirements of local governments.
These reforms, which included identification and reporting on key
performance measures and reporting on a financial year basis rather than
a calendar year, occurred in the late 1980s and early 1990s, and were
promoted on the basis that they would improve the usefulness for
decision making and enhance accountability (Carnegie 2005). The next
section will discuss the financial reporting obligations of the NSW
local government councils and the audit of those financial reports.
2.2 NSW Local Government Financial Reporting and Audit
Section 413 of the NSW Local Government Act 1993 [hereafter the
1993 Act] requires NSW councils to prepare each year financial reports
which include the general purpose financial reports of the council as
well as an audit report which includes the opinion of an external
auditor on the general purpose financial reports. The general purpose
financial reports of the council are to be audited by the council's
auditor within four months after the end of the financial year (section
416) and the auditor is to issue a report which includes a statement
"as to whether, in the opinion of the auditor, the council's
accounting records have been kept in accordance with the
requirements" (section 417). This is similar to the normal
reporting requirements of private sector organisations however the
objectives of private sector organisations are significantly different
to those of a local government council. The local government councils
are there to support and provide specific services to their local
community. Many of the assets of local government councils are
considered to be public goods which differ to private sector assets
because public goods are generally non-rival and non-excludable (Barton
2002, p. 43). For example public parks and roads, which are public goods
available for all members of the community and the use of these goods by
one member of the community does not deprive another member of the
community use of the public good.
The other area of commonality, in relation to the financial
reporting and financial accountability, between private sector
organisations and local government councils is found in section 422 of
the 1993 Act which outlines the requirements for the appointment by the
local government council of an external financial report auditor. This
commonality creates a level of confusion as the financial reports of
most public sector organisations are generally audited by a state audit
office. For example Federal government organisations in Australia are
required to have their financial reports audited by the Australian
National Audit Office, while State government entities are audited by
the State government's Audit Office. However, the NSW local
government councils are required to "appoint a person as its
auditor" who is a registered company auditor, or a partnership or
corporation which includes a registered company auditor (section 422).
In addition the local government councils are required to undertake
compulsory audit tendering every six years (Boon et al, 2005, p. 221).
One of the outcomes of compulsory tendering has been the introduction of
"significant on-going competition to the local government audit
market in NSW to produce long-term savings" (Boon et al, 2005, p.
222); however is this outcome what members of the community would
expect? The result of competitive tendering for audit services has
resulted in reduced quality of audits due to the necessary budget
constraints arising from lower audit receipts (Houghton et al, 2003,
Karen 2002).
3. NSW LOCAL GOVERNMENT EXPOSURE
Sikka et al (2009, p. 136) explain that since late 2007 there has
been a "deepening banking and financial crisis arising from
sub-prime lending practices by banks, which in turn has restricted the
availability of credit and has led to what has come to be described as a
'credit crunch'". There have been numerous accusations
about who should be blamed for the crisis from the over reliance of
neoliberal ideologies believing the market is able to take care of
itself, to the excessive greed of those charged with the running and
directing the financial institutions (Roskham 2008, p.9) and poor
government regulation (Zingales, 2008) and "market complacency
brought about by several years of positive returns" (Zingales,
2008, p. 2). Whatever the reason, whoever is the cause, the end result
is very clear, the global financial markets have, and continue, to
decline. The impact of the financial crisis has been widespread and
profound. Many people have lost their jobs, many have lost their life
savings and investments and others have seen their superannuation
balances decrease or even disappear. Significant impacts have been felt
by a wide variety of individuals, as well as organisations such as
councils in NSW.
In the financial year 2007-08 the NSW the Local government sector
was a $7.3 billion industry with the councils collecting $3.5 billion in
rates and charges (DLG 2008b, p. 6). Unlike the majority of other public
sector organisations the local councils in NSW have been allowed, under
the 1993 Act, to invest in a variety of investment schemes for the
purpose of earning additional revenue. As at 30 June 2007 the face value
of the total investments of NSW local councils totalled $5.7 billion.
Given the size of the investments, which have varying degrees of risk,
and the fluctuating economic conditions in 2007 (DLG 2008c) and the
growing global impact from the sub-prime crisis in the United States,
the NSW Department of Local Government commissioned a review of the
councils investments. In April 2008 the final report, the Cole Report,
of the commissioned Review of NSW Local Government Investments was
published. The purpose of the review was to verify the total investment
exposure of NSW local government councils as well as determine the
extent of unrealized losses from these investments (Cole 2008, p. 3).
This report was commissioned to address the NSW State government's
concerns about the impact of the decline in the sub-prime mortgage
market in the United States on the investments of councils. Table 1
outlines the exposure identified in the final report
Council funds are primarily composed of two types; short term
working capital, which accounts for approximately 70 percent of the
total, and longer term funds comprising the 30 percent residual, which
includes capital expenditure commitments (Cole 2008, p9). It appears
that councils have maintained higher levels of security over the short
term funds by investing in traditional fixed interest products, which
does not appear to be the case with respect to the longer term
investments. The purpose of investing long term funds should be to
ensure that the return generatedd is sufficient to negate the negative
impact of inflation on future capital works. However, Cole (2008)
highlighted that NSW councils were attracted to higher prospective
returns available by investing in new investment types that differed
from the traditional fixed interest products (p9-10).
These new investment types were specifically engineered to meet the
requirements of the Investment Order and while compliance with the
conditions were essential to allow councils to invest, it should not
have been the only or sufficient requirement to qualify these types of
investment, as NSW councils are also required to comply with their
fiduciary responsibilities as trustees of public funds (Cole 2008, p10).
Commonly the principle investment amounts were credit rated or bank
guaranteed, however the income stream from the investments were not.
Simple compliance with the Investment Order was a liberal
interpretation, of fulfilling the requirements and expectations
associated with managing public monies, and did little to account for
the risk associated with these types of financial instruments.
The biggest exposure for NSW local government councils is in
relation to the investments in collateralised debt obligations (CDOs)
where the investments are in "asset backed securities whose
underlying collateral is typically a portfolio of bonds or bank
loans" (Duffie and Garleanu 2001, p. 41). The face value of the
investments in CDOs dropped from $590m on 30th June 2007 to $390m on
30th June 2008, an estimated loss of $200 million (Cole 2008, p. 3).
The main promoter of CDO's to the NSW local government
councils was Lehman Brothers who were "notorious for marketing
investment schemes to local councils which have resulted in those
councils losing millions of ratepayer's dollars" (Roskam,
2008, p. 9). Unfortunately for millions of investors, including NSW
local government councils who invested in Lehmans Brothers'
financial investment schemes and the people employed by Lehman Brothers,
the investment bank filed for bankruptcy on 14th September 2008.
Zingales suggests the aggressive leverage policy of Lehman
Brothers', "bad regulation, lack of transparency, and market
complacency brought about by several years of positive returns"
(2008, p. 2) led to the collapse of Lehman Brothers. This collapse, of
the fourth largest investment bank in the United States, "is
generally credited with precipitating the near total collapse of
confidence that subsequently engulfed the international monetary
system" (Roskam, 2008, p. 9).
In response to the collapse of Lehman Brothers the NSW Department
of Local Government issued a Council Circular to all NSW councils, two
days after the collapse, on the 16th September 2008 requiring councils
to "seek urgent financial advice as to their potential exposure to
Lehman Brothers, as a matter of urgency. Councils are required [emphasis
added] to identify investments that have direct exposure to Lehman
Brothers and outline the effect it may have on the Council's
activities" (DLG, 2008c).
The Cole report (2008) estimates that overall NSW councils have
lost $320 million from their investment portfolio, which represents 5.6
percent of total investments and 15.2 percent of long term funds (p11).
The problem with interpreting these figures is that most of these losses
are from unrealised investment portfolios and the valuations of future
returns have generally been provided by those who were also involved in
marketing the products to councils. Therefore the future returns may
potentially be significantly overstated and Cole (p11) identified the
exposure in one case to be 85 percent of the capital investment.
Additionally, a number of councils are holding 45 percent of their total
investments in financial instruments; such as CDO's, which
potentially have the greatest risk of loss.
NSW councils seem to have pursued a policy of either chasing higher
returns or allowing themselves to be lured into investments containing
higher risk factors than they have traditionally accepted. It is unclear
if there was a true understanding of the relationship between higher
risk and return trade-off. The up side of accepting higher risk was
capped at "a couple of percent above the risk free rate" (Cole
2008, p11), yet the downside, as stated previously, has been recorded as
85 percent of the original investment. This suggests that some local
council's failed to understand that taking on higher risk could
generate higher returns or potentially higher losses.
3.1 Audit function
Sequeria and Johnson (2004) state that "the audit function has
assumed the role of conferring credibility on the financial statements
and ensuring that the statements could be relied on for decision
making" (p. 94). Karan (2003, p16-17) illustrated that the
accounting professional bodies describe the audit process as serving the
public interest by providing increased accountability. ASA 200 (2007)
states "the objective of an audit is to enable the auditor to
express an opinion as to whether the financial report is prepared in all
material respects, in accordance with an applicable financial reporting
framework. The auditor is required to obtain a level of certainty that
will enable them to provide 'reasonable assurance' about the
correctness of the financial reports". This terminology
demonstrates that the auditor does not provide a guarantee of complete
accuracy, by reason of the normal conduct of an audit. The auditor
conducts tests and collects evidence in respect of the accuracy of
accounts, but does not audit all transactions or balances. Therefore to
reduce the chance of material misstatement, areas that are judged by the
auditor to be high risk are likely to attract greater attention.
Boon, McKinnon and Ross (2008, p93) explain that stakeholders need
to have confidence that the audit report is reliable so they are able to
make appropriate informed decisions on the financial reports. To improve
the level of confidence in the financial statements, and the subsequent
audit report, organisations use external independent auditors to conduct
the financial statement audit. External auditors, "auditors
independent from the entity" (Gay and Simnett 2007, p. 765), when
conducting an audit of local government councils' General and
Special Purpose Financial reports are required to prepare a report on
the council's financial reports which includes a statement as to
whether, in the opinion of the auditor [emphasis added] the financial
reports have been prepared as required, are consistent with the
council's records and fairly present the financial position of the
council (1993 Act, section 417 (2)). The purpose of the audit is to
provide assurance about whether the financial reports have been prepared
in accordance with both the relevant accounting standards and with the
Local Government Code of Accounting Practice and Financial Reporting.
However, providing assurance does not guarantee there are no errors,
omissions or that no fraudulent activities have taken place. Rather the
audit reports are supposed to provide a level of confidence that the
financial information provided can be relied upon, particularly by the
stakeholders of the councils in making decisions based upon the
financial information contained in the financial reports.
The audit profession is no different to other professions; it
requires its members to be independent through avoiding other economic
ties with the client, and to be absolutely objective in their approach
to the audit and the client (Umar and Anandarajan, 2004). To be able to
issue an appropriate audit opinion, one of the fundamental principles of
professional ethics is that of objectivity which is the principle that
"an auditor should not allow prejudices or bias, conflict of
interest or undue influence of others to override professional or
business judgement" (Gay and Simnett 2007, p. 17). To meet the
fundamental principle of objectivity it is vital that auditors are and
are seen to be independent. This view is consistent with Arens et al
(2007) who explain that to be independent an auditor must be free from
any bias in relation to all aspects of the audit engagement
The following extract from the Code of Ethics for Professional
Accountants outlines the requirement of independence of external
financial statement auditors:
Independence requires:
Independence of Mind
The state of mind that permits the expression of a conclusion
without being affected by influences that compromise professional
judgment, allowing an individual to act with integrity, and exercise
objectivity and professional skepticism.
Independence in Appearance
The avoidance of facts and circumstances that are so significant
that a reasonable and informed third party, having knowledge of all
relevant information, including safeguards applied, would reasonably
conclude a Firm's, or a member of the Assurance Team's,
integrity, objectivity or professional skepticism had been compromised.
(APES 110, Section 290.8)
To determine if an auditor is independent, all the relevant
circumstances, including all relationships between the audit client and
the auditor need to be considered (Hayes, 2002, p6). However there are
an increasing number of barriers to audit independence such as the
expansion of the provision of non-audit services, which has resulted in
a decline in the relative importance of audit fees, co-modification of
the audit, resulting in lower profits, reduced skills levels and
reduction of resources allocated to the task (Hayes 2002, p. 3).
The independent auditor is required to issue an opinion about
whether the financial reports of the council being audited provide a
true and fair view of the financial position and are in compliance with
the Accounting Standards and relevant financial reporting regulations.
There are two main opinions an auditor can issue for a local government
council's financial statements: an unqualified opinion which
indicates the auditor is of the opinion that the council's
financial statements do not contain any material misstatements and are a
true and fair view of the council and are in compliance with the
Accounting Standards; and a qualified opinion which is where the
auditors are of the opinion the council's financial statements
contain certain circumstances which are material or are likely to be
material (Gay and Simnett 2007) and may, if relied upon by decisions
makers, result in an incorrect decision being taken.
The assessment of materiality and relative importance of
qualitative and quantitative factors are matters for the auditors'
judgement (AuAH 2009, p56). Items that represent more than 10 percent of
the balance of any account are normally considered material, items that
are between 5 and 10 percent of any account are normally only material
at the discretion of the auditor and items that are less than 5 percent
are normally considered not material. However, the overriding factor is
if inclusion or exclusion of the information would influence the
decision making process of the users of the reports. Therefore items
that only affect an account by 1 percent may be judged to be material if
the auditor believes that providing information about the matter may
affect the stakeholders' decision making process.
The importance of independence of financial report auditors cannot
be underestimated; however independence does not guarantee an
appropriate audit opinion:
"As independent experts, auditors claim to be able to mediate
uncertainty and construct an objective account of business affairs to
enable shareholders and significant other to manage risks. This
construction of reality is legitimised by appeals to a variety of
standards, benchmarks, techniques and bodies of knowledge, but such
claims are precarious as they are routinely undermined by periodic
scandals, crisis, frauds, emergence of new technologies, patterns of
trade and changes in capitalistic economies" (Sikka et al 2009, p.
136).
It should be clear that performance indicators (such as financial
reports) ought to be "both audited and publicly disclosed" in
the interests of accountability and transparency (Carnegie, 2005, p85).
NSW councils invested in CDO portfolios in the hope of generating
higher than normal returns from their long term investments. These
investments were aggressively marketed, including by Lehman Brothers, as
complying with the Investment Order for NSW Local councils. This order
requires councils which are able to invest, to invest in those
securities that had a minimum credit rating from Moody's Investment
Services Inc, Standard and Poor's Investment Services Inc or Fitch
Rating. Prior to the downgrades that subsequently occurred, the
investments by NSW local councils were AAA, then AA and AA-, which met
the minimum requirements, however by February 2008 they were CCC-. Yet
even prior to the downgrade the market was strongly suggesting that the
"credit rating was far too optimistic and would significantly
deteriorate" (Cole 2008 p11).
Funds held by NSW local councils, that they are allowed to invest,
fall into two categories and are classed as restricted or unrestricted
in respect of their final use. In particular restricted funds may have
additional conditions related to them. These funds include monies from
developer contributions, environmental levies, or leave entitlements.
However reporting by councils appear to pool together these funds
leaving it unclear where they have invested funds to meet particular
liabilities or long term investment strategies (Cole 2008 p 18-19).
Councils seem to fund their long term liabilities from a single pool of
investments irrespective of whether the funds have restrictions placed
on them or if they are associated with particular liabilities (Cole 2008
p19). This makes assessing councils ability to fund particular long term
liabilities extremely difficult. Cole (2008) made some recommendations
and suggested that councils should be reminded of their inability to
"contract out" fiduciary responsibilities to external funds
managers, that product manufacturers be banned from providing advice to
councils, and that the NSW DLG should release a formal model of
investment guidelines (Cole, 2008 cited in Gold 2008 p42). One of the
major impacts of local council losses from CDOs is that much of these
funds were earmarked for future projects. These projects will not only
be impacted by these losses, but will also be impacted by the decline in
value of the funds due to diminished or nil returns. In addition, the
impact of inflationary pressures will also make those projects less
viable and possibly require additional funds to complete.
3.2 Audit Reports
Analysis conducted of the audited financial reports of NSW
council's have shown that a large proportion of external auditors
used the exact same wording for reporting on CDO's, and in some
cases within specific accounting firms used a standard letter of
qualification with spaces to hand write in details such as page numbers.
This highlights that these were generic reports, which therefore raises
concerns about the independence of these audit reports and the level of
effort in undertaking the audit. Commonality of wording both within
audit firms and between audit firms could be an attempt to create a
common response to the issue which would be an indicator of lack of
auditor independence. It also highlights that the reporting of the
impacts of the financial crisis has failed to provide sufficient
independent evidence of the true losses.
Auditors that conducted audits of a number of councils also formed
a variety of opinions. There was no evidence to suggest that they just
assumed problems due to the sub prime mortgage market, which suggests
that the audits were probably conducted independently. However the
format of the qualified report on the sub-prime problems was generally
consistent not only within particular audit firms but also between audit
firms. This suggests that audit firms have applied a standard reporting
form to disclose issues relating to the sub prime mortgage market
problems and in the cases of the councils that Cole (2008) identified as
at risk, all had qualified audit opinions identifying the uncertainty
related to valuation of CDO investments. While this could be expected,
it was surprising to discover that the values reported were the same as
reported by Cole in February 2008. This implies that councils and in
turn the auditors accepted those values without reporting the continued
decline in value.
Other findings from the review of the financial reports have shown
that the audit fees disclosed within the reports are ambiguous, with
separate audit fees relating to a number of audit functions including,
but not limited to, audits of the financial reports. This raises
questions with respect to the independence of auditors if there is fee
reliance on additional audit functions. Craswell (1999) suggested that
qualified audit reports are a strong indicator that independence has not
been compromised, due to the competitive nature of auditing. However
this may not be true in the public sector if there are limited firms
willing to engage in auditing of Local Government bodies. Additionally
Craswell (2002) suggested that qualified audit reports are a strong
indicator that independence has not been compromised, due to the
competitive nature of auditing. This may not be true in the public
sector if there are limited firms willing to engage in auditing of local
government bodies. If it is an indicator then the high proportion of
qualified audit reports would show that independence is being
maintained.
The introduction of competitive tendering for NSW local government
financial statement auditing in the 1993 Act has introduced the
possibility that auditors may experience greater time budget pressures.
A recent survey concerning reduced audit quality identified 48 percent
of participants admitted to having to reduce audit quality practices
during the completion phase of the audit, which includes the review for
subsequent events (Coram, Ng and Woodliff. 2003). This would suggest
that with complex issues such as the losses related to the collapse of
Lehman Brothers, auditors may not allocate sufficient time to determine
the full extent of the losses.
4. CONCLUSION
This paper has identified the high exposure that a number of local
councils in NSW have to CDO's. This has resulted in financial
investments that are unlikely to provide sufficient returns of both
initial capital and capital growth needed to meet the planned
obligations and liabilities for which the financial investments were
intended. It has also highlighted that there is a need to improve the
standards for measurement and reporting of these types of investments.
Similarly it suggests that some local council's either do not
understand, or do not have the capacity to properly manage the fiduciary
duty requirements associated with controlling public funds. There
appears to have been large amounts of trust placed in providers of the
financial investment products and a lack of consideration given to the
risk versus reward of different financial investment products.
Additionally this paper has highlighted a number of areas of interest
for further research. Why has there been a standard reporting method of
the sub-prime issues? Is it a result of suggestions from the local
government association, ease of completion, or a perceived need to be
consistent in reporting? As identified by Cole (2008) there is a need
for a standard analysis and reporting method to be developed for local
councils.
Councils are required to report the fees that they have paid to
auditors and the financial reports show these fees. However, from
analysis of the financial reports and audit reports, there does seem to
be a lack of clarity as to what those fees are for. For example some
councils' have shown an audit fee presumably for the audit of the
financial reports, and then have also shown other audit fees. While it
is likely, and may be presumed that the other audit fees are for audits
of particular sectors such as OHS, water or environment, it needs to be
clarified for a number of reasons. For example, if the same firm is
conducting the additional audits, and the fees earned from the addition
work is substantially greater than from the audit of the financial
reports, there may be some compromise of the independence of the
financial audit. Likewise it may affect the competiveness of the tender
process if some firms are unable to conduct the additional audits.
Another important element arising from this research is that
councils do not separate funds that relate to particular liabilities or
that have separate restrictions associated with them. There are also
inconsistencies among the accounting policies that therefore impede
transparency (Cole 2008 p24). Current reporting policies seem to ignore
the risk that particular products may need to be liquidated prior to
maturity triggering losses that would need to be reported. One solution
to this would be to promote the use of current market valuations across
the full range of investment products. There seems to be a strong need
to improve consistency of the reporting, and the accounting methods used
to account for, and value these products, as well as providing
additionally support and guidance to local government authorities to
enable them to understand financial investment products and the
fiduciary responsibilities they have for managing public moneys.
REFERENCES
Accounting Professional & Ethical Standards Board (APES)
(2006), Code of Ethics for Professional Accountants: Section 290
Independence--Assurance Engagements, [cited on 14 February 2009]
available from http://www.charteredaccountants.com.au/files/documents/APES110Section2 90.pdf
Arens, A. Best, P. Shailer, G. Fielder, B. Elder, R. and Beasley,
M., (2007), Auditing and Assurance Services in Australia: an integrated
approach, Pearson education Australia
Auditing and Assurance Handbook (2009) Ed Kemp, S. The institute of
Chartered Accountants Australia
Auditing Standard ASA 200 Compiled (2007) Audit Standard
"Objective and General Principles Governing an Audit of a Financial
Report" Auditing and Assurance Standards Board
Boon, K., Crowe, S., McKinnon, J. and Ross, P., (2005) Compulsory
Audit Tendering and Audit fees: Evidence from Australian Local
Government, International Journal of Auditing, vol. 9, pp. 221-241
Boon, K., McKinnon, J. and Ross, P. (2008) Audit service quality in
compulsory audit tendering, Accounting Research Journal, vol 21, pp.
93-122
Burritt, R.L. and Welch, S. (1997) Accountability for environmental
performance of the Australian Commonwealth public sector, Accounting,
Auditing and Accountability Journal, vol. 10, pp. 532-561.
Carnegie, G. D. (2005) Promoting accountability in municipalities,
Australian Journal of Public Administration, vol. 64, no. 3, pp. 78-87
Cole, M. (2008) Review of NSW Local Government Investments--Final
report, ACAY Consulting, Sydney.
Coram, P. Ng, J. and Woodliff, D. (2003) A survey of time budget
pressure and reduced audit quality among Australian Auditors, Australian
Accounting Review, vol 13, no. 1, pp. 38-44
Craswell, A. T. (1999) Does the provision of Non-Audit Services
Impair Audit Independence? International Journal of Auditing, vol. 3,
pp. 29-40
Craswell, A. T. Stokes, D. J. Laughton, J. (2002) Auditor
independence and fee dependence, Journal of Accounting and Economics
vol. 33, pp. 253-275
Department of the House of Representatives (APH), (2008),
Infosheet: The Constitution, no. 13
Dredge, D., (2001) Local Government Tourism Planning &
Policy-making in New South Wales: Institutional development and
historical legacies, Current Issues in Tourism, vol. 4, nos. 2-4, pp.
355-380
Gay, G. and Simnett, R. (2005) Auditing and Assurance Services in
Australia McGraw Hill Australia
Gold, M. (2008) Financial Sustainability and the Imperative for
Reform in Investment Organisation in Australia's Local Government
Sector, Accounting, Accountabilty and Performance, vol. 14, no.1, pp.
35-56
Hayes, C., (2002) The Ramsey Report and the regulation of auditor
independence in Australia, Australian Accounting Review, vol. 12, no. 2,
pp. 3-11
Houghton, K. A. Dolley, C. Jubb, C. A. Chong, K. M. (2002)
Jurisdictional differences in contracting out GBS Audits: The Impact on
Audit Pricing, Australian Accounting Review. 12(3); pp. 50-58
Karan, R. (2003) "Public-interest arguments in privatising
government audit" Australian Accounting Review. Melbourne: Jul.
vol. 13, issue. 2; p. 16-21
Local Government Act (1993) New South Wales Consolidated Acts,
[cited on 3 February 2008] available from
http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/ Accessed
3/2/2009
Murray, D. and Dollery, B (2004) An Evaluation of Performance
measurement and the identification of "At Risk" councils in
NSW Local Government, Working Paper Series in Economics, [cited on 12
February 2009] available from
http://www.une.edu.au/febl/EconStud/wps.htm
NSW Department of Local Government (DLG), (2004), Comparative
Information on New South Wales Local Government, NSW Department of Local
Government, Nowra.
NSW Department of Local Government (DLG), (2007a), NSW Department
of Local Government Circular to Councils: Council -Review, Circular No.
07-47
NSW Department of Local Government (DLG), (2008a), Our Services,
[cited on 12 February 2009] available from http
://www.dlg.nsw.gov.au/dlg/dlghome/dlg_InformationIndex.asp?areainde
x=SERVICES&index=700&mi=1&m1=1
NSW Department of Local Government (DLG), (2008b), NSW Department
of Local Government Annual report 2007-08, [cited on 12 February 2009]
available from http://www.dlg.nsw.gov.au/dlg/dlghome/documents/reports/DLG%20Annual %20Report%20-%20Part%201.pdf
NSW Department of Local Government (DLG), (2008c), NSW Department
of Local Government Circular to Councils: Council Investments Related To
Lehman Brothers Holdings Inc, Circular No. 08-59
NSW Department of Local Government (DLG), (2008d), NSW Department
of Local Government Circular to Councils: Reporting the Fair Value of
Investments for 2008, Circular No. 08-43
Roskam, J., (2008) Did global warming send Lehman Brothers broke?,
IPA Review, November, p. 9
Sequeira, C., and Johnson, R., (2004) Whither the Audit?, In
Johnson (eds), Readings in Auditing, John Wiley & Sons Australia
Sikka, P., Filling, S., and Liew, P., (2009) The audit crunch:
reforming auditing, Managerial Auditing Journal, 24(2), pp. 135-155
Stilwell, F. and P. Troy (2000), Multilevel Governance and Urban
Development in Australia, Urban Studies. 37(5-6), p. 909.
Umar, A. and Anandarajan, A. (2004a) Auditors' Independence of
judgement Under Pressure Internal Auditing. Boston: Jan/Feb. 19(1), pp.
22-32
Umar, A. and Anandarajan, A. (2004b) Dimensions of pressures faced
by auditors and is impact on audit independence; A comparative study of
the USA and Australia, Managerial Auditing Journal, 19(1), pp. 99-116
Zingales, L., (2008) Causes and Effects of the Lehman Brothers
Bankruptcy, Testimony of Luigi Zingales Before the Committee on
Oversight and Government Reform, United States House of Representative
October 6.
Greg Jones
School of Accounting and Finance, University of Wollongong,
Wollongong NSW 2522.
Graham Bowrey
School of Accounting and Finance, University of Wollongong,
Wollongong NSW 2522.
Table 1. Cole Report Estimate of Exposure Levels
Investment Face Value Market Estimated Estimated
@ 30/6/07 Value @ Loss ($m) Loss (%)
($m) 31/1/08 ($m)
CDO 590 390 200 34%
Capital protected 450 400 50 11%
Managed Funds 2,420 2,350 70 3%
Subordinated 600 600 Nil Nil
debt
Term Deposit, 1,630 1,630 Nil Nil
cash, bills
Total 5,690 5,370 320 5.6%