Trust Accounts Act 1973

Upon receipt of an application in writing from a person who alleges that a trustee has failed to account to the person in respect of any moneys or securities held or received by that trustee for the person or on the person’s behalf, the Minister may appoint in writing an independent auditor (who save in special circumstances shall be a person or firm qualified, in accordance with section 15, to act as auditor for a trustee under this Act) to examine, audit and report either generally or in relation to any particular matter upon the books, accounts and records of and trust moneys and securities held by that trustee.

Every application under subsection (1) shall state—

particulars of the circumstances under which the trustee received the moneys or securities in respect of which the trustee is alleged to have failed to account; and

particulars of those moneys or securities and of the transactions of the applicant and the trustee relating thereto; and

such other particulars as are prescribed.

Every statement in any such application shall be verified by a statutory declaration made by the applicant and shall, if made in good faith, be privileged.

Section 20(3) shall, with all necessary modifications, be applicable for the purposes of subsection (3).

The Minister shall not appoint an independent auditor under subsection (1) unless the Minister is satisfied—

that the applicant has good reason for making the application; and

that it is expedient in the interests of the trustee or the applicant or the public generally that the books, accounts and records of and trust moneys and securities held by the trustee should be examined, audited and reported upon.

The Minister may, if the Minister thinks fit, before appointing an independent auditor under subsection (1) give the trustee concerned a reasonable opportunity of being heard upon the matters alleged in the application.