ACCC enforceable undertaking audit services

Court enforceable undertakings are one of the mechanisms the Australian Competition and Consumer Commission (ACCC) may use to address potential or actual non-compliance with the Competition and Consumer Act 2010.

Depending on the terms of an undertaking, an organisation may be required to implement or strengthen its compliance program, undertake remediation activities and demonstrate that agreed commitments have been implemented effectively through independent review or audit.

RSM provides independent ACCC enforceable undertaking audit services, helping organisations assess their compliance frameworks, controls and remediation activities against the requirements of their undertaking.

Our Risk Assurance specialists have acted as independent auditors across numerous ACCC undertaking audit engagements since 2006, giving our team practical experience in the conduct, documentation and reporting expected in a regulatory environment.

Independent assurance for Section 87B undertakings

Section 87B of the Competition and Consumer Act 2010 allows the ACCC to accept written court enforceable undertakings from businesses or individuals.

Where independent assurance forms part of an undertaking, organisations need an auditor who can objectively assess whether the commitments, controls and compliance measures specified in the undertaking have been appropriately implemented and are operating as intended.

RSM works with organisations to understand the specific requirements of their undertaking and develop an audit approach aligned with its scope, reporting obligations and timeframes.

What does an enforceable undertaking audit assess?

The scope of an independent audit will depend on the specific commitments contained within the enforceable undertaking.

This may include assessing whether required compliance measures have been established, reviewing policies and procedures, testing relevant controls, assessing remediation activities and considering whether appropriate evidence exists to demonstrate compliance.

The audit may also consider whether the organisation's broader compliance framework supports the ongoing effectiveness of the measures required under the undertaking.

HOW WE HELP

Our enforceable undertaking audit approach

Our approach combines independent assurance with practical experience working within regulatory and compliance environments.

We assess the appropriateness of relevant internal controls, policies, procedures and management actions, as well as the overall compliance framework where it relates to the commitments contained within the undertaking.

Our six-stage approach is tailored to the circumstances and requirements of each engagement:

Initiation and scope confirmation

Discovery and risk assessment

Engagement with key internal stakeholders

Preparation of the undertaking audit plan

Establishment audit and periodic independent audits (where required)

Independent reporting

Need an independent auditor for an ACCC undertaking?

If your organisation has entered into, or is preparing to enter into, an enforceable undertaking that requires independent assurance, our Risk Assurance specialists can help you understand the audit requirements and establish an appropriate approach.

Why choose RSM for enforceable undertaking audits?

RSM combines independent assurance capability with experience across governance, risk, compliance and internal controls.

Our specialists understand the importance of providing objective, evidence-based assurance in a regulatory environment while maintaining a practical approach to working with management and key stakeholders.

RSM has undertaken numerous ACCC undertaking audit engagements since 2006 and brings national Risk Assurance capability supported by specialists across governance, internal audit, regulatory compliance, technology risk and related disciplines.

Our clients benefit from:

Access to specialists with extensive experience in ACCC enforceable undertaking audits.
Independent, objective assessment of compliance commitments, controls and remediation activities.
A practical audit approach tailored to the specific requirements, scope and timeframes of your undertaking.
Support in identifying control gaps, compliance risks and opportunities for improvement.
Clear, evidence-based reporting to help demonstrate progress and compliance to the ACCC.
Access to national expertise across governance, internal audit, regulatory compliance and technology risk.
Greater confidence that required compliance measures have been appropriately designed, implemented and maintained.

Frequently asked questions about enforceable undertaking audits

What is an ACCC enforceable undertaking?

A court enforceable undertaking is a written commitment accepted by the ACCC under Section 87B of the Competition and Consumer Act 2010. It may require a business or individual to take, or refrain from taking, specified actions to address competition or consumer law concerns.

Does every enforceable undertaking require an independent audit?

No. The requirements depend on the terms of the individual undertaking. Some undertakings may require independent reviews or audits of compliance programs, controls, remediation activities or other commitments.

What does an independent auditor do under an enforceable undertaking?

Where required, an independent auditor assesses whether the organisation has implemented the commitments specified in its undertaking and whether relevant controls, processes and compliance measures are operating effectively.

When should we appoint an independent auditor?

The timing and appointment requirements will depend on the undertaking. Engaging an auditor early can help clarify the scope, information requirements, audit timetable and reporting obligations before the first audit is due.

What is an establishment audit?

An establishment audit typically assesses whether the systems, controls, policies or compliance measures required by an undertaking have been appropriately established. Some undertakings may also require subsequent periodic audits to assess ongoing operation and compliance.

Can RSM conduct periodic audits required under an undertaking?

Yes. Where the terms of the undertaking require ongoing independent assurance, RSM can undertake establishment and periodic audits in accordance with the agreed scope and reporting requirements.