Advice from APRA to contact ASIC
Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Prudential Regulation Authority,
In late 2007 I lodged a complaint with the SCT and at the time I was unsure of the jurisdiction of the SCT, APRA and ASIC.
In early 2007 I had requested access to the Deeds of this superannuation fund and I had received no response from the purported trustee for nearly a year.
I, therefore, suspected that there may have been invalid amendments {changes} to the deeds of this Defined Benefit fund that disadvantaged the membership.
Note: In 2007 I did not know that it was a criminal offence to conceal the deeds of a regulated superannuation fund from fund members and beneficiaries.
If my complaint had been that I was concerned that a "mistake" has been made in the determination on my Final Average Salary {FAS} then the SCT had jurisdiction to deal with a complaint that affected only one fund member.
Section 14(6) of the SRC Act states:
"(6) The Tribunal cannot deal with a complaint under this section that relates to the management of a fund as a whole."
If there had been invalid amending Deeds executed then this would have affected all fund members and therefore would relate to "the management of the fund as a whole".
I was advised in a phone call from Phil McGrath on 7 February 2008 that APRA was the appropriate body to deal with changes to Deeds that disadvantage the membership.
The SCT then withdrew my complaint on 6 May 2008 under Section 22(4) because of lack of jurisdiction.
The SCT made no ruling on my Final Average Salary {FAS}.
Sometime after 7 February 2008 {but before 31 March 2009} I contacted APRA on the advice of Phil McGrath and advised APRA on my difficulties on gaining access to the original Trust Deed and valid amending Deeds.
APRA then advised me that the appropriate agency to deal with a complaint about access to the deeds of a regulated superannuation fund was ASIC
Note: The relevant legislation is subsection 1017C(5) of the Corporations Act 2001 and related Regulations which is administered by ASIC and not APRA.
The document I seek is a copy of the letter from APRA advising me to contact ASIC with respect to my concerns about gaining access to the deeds of the superannuation scheme then known as the Foster's Group Superannuation Fund.
I followed the advice from APRA and contacted ASIC on 31 March 2009.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney,
I acknowledge receipt of your FOI request dated 31 July 2020. We are
processing your request and will respond soon.
Regards,
FOI OFFICER
T 02 9210 3000 | E [1][APRA request email]
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au
[3]Title: Australian Coat of Arms and APRA logo
-----Original Message-----
From: Phillip Sweeney <[FOI #6554 email]>
Sent: Friday, 31 July 2020 8:23 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Advice from APRA to contact ASIC
Dear Australian Prudential Regulation Authority,
In late 2007 I lodged a complaint with the SCT and at the time I was
unsure of the jurisdiction of the SCT, APRA and ASIC.
In early 2007 I had requested access to the Deeds of this superannuation
fund and I had received no response from the purported trustee for nearly
a year.
I, therefore, suspected that there may have been invalid amendments
{changes} to the deeds of this Defined Benefit fund that disadvantaged the
membership.
Note: In 2007 I did not know that it was a criminal offence to conceal the
deeds of a regulated superannuation fund from fund members and
beneficiaries.
If my complaint had been that I was concerned that a "mistake" has been
made in the determination on my Final Average Salary {FAS} then the SCT
had jurisdiction to deal with a complaint that affected only one fund
member.
Section 14(6) of the SRC Act states:
"(6) The Tribunal cannot deal with a complaint under this section that
relates to the management of a fund as a whole."
If there had been invalid amending Deeds executed then this would have
affected all fund members and therefore would relate to "the management of
the fund as a whole".
I was advised in a phone call from Phil McGrath on 7 February 2008 that
APRA was the appropriate body to deal with changes to Deeds that
disadvantage the membership.
The SCT then withdrew my complaint on 6 May 2008 under Section 22(4)
because of lack of jurisdiction.
The SCT made no ruling on my Final Average Salary {FAS}.
Sometime after 7 February 2008 {but before 31 March 2009} I contacted APRA
on the advice of Phil McGrath and advised APRA on my difficulties on
gaining access to the original Trust Deed and valid amending Deeds.
APRA then advised me that the appropriate agency to deal with a complaint
about access to the deeds of a regulated superannuation fund was ASIC
Note: The relevant legislation is subsection 1017C(5) of the Corporations
Act 2001 and related Regulations which is administered by ASIC and not
APRA.
The document I seek is a copy of the letter from APRA advising me to
contact ASIC with respect to my concerns about gaining access to the deeds
of the superannuation scheme then known as the Foster's Group
Superannuation Fund.
I followed the advice from APRA and contacted ASIC on 31 March 2009.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #6554 email]
Is [5][APRA request email] the wrong address for Freedom of Information
requests to Australian Prudential Regulation Authority? If so, please
contact us using this form:
[6]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[7]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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is addressed, and may contain secret, confidential or legally privileged
information.
If you have received this e-mail in error or are aware that you are not
authorised to have it, you MUST NOT use or copy it, or disclose its
contents to any person. If you do any of these things, you may be sued or
prosecuted.
If you have received this e-mail in error, please contact the sender
immediately.
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References
Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/
4. mailto:[FOI #6554 email]
5. mailto:[APRA request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...
Dear Mr Sweeney,
APRA seeks your agreement to extend the timeframe by 15 days to process
the below request under s 15AA(a) of the FOI Act. APRA is due to make a
decision on your request by 30 August 2020 but requires an extension of
time to undertake further consultation and would appreciate your agreement
to extend the time for processing it. Should you agree to the requested 15
day extension, APRA will be required to make a decision on your request by
14 September 2020.
Please advise in writing if you consent to this extension of time.
Kind regards,
FOI OFFICER
T 02 9210 3000 | E [1][APRA request email]
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au
[3]Title: Australian Coat of Arms and APRA logo
-----Original Message-----
From: Phillip Sweeney <[FOI #6554 email]>
Sent: Friday, 31 July 2020 8:23 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Advice from APRA to contact ASIC
Dear Australian Prudential Regulation Authority,
In late 2007 I lodged a complaint with the SCT and at the time I was
unsure of the jurisdiction of the SCT, APRA and ASIC.
In early 2007 I had requested access to the Deeds of this superannuation
fund and I had received no response from the purported trustee for nearly
a year.
I, therefore, suspected that there may have been invalid amendments
{changes} to the deeds of this Defined Benefit fund that disadvantaged the
membership.
Note: In 2007 I did not know that it was a criminal offence to conceal the
deeds of a regulated superannuation fund from fund members and
beneficiaries.
If my complaint had been that I was concerned that a "mistake" has been
made in the determination on my Final Average Salary {FAS} then the SCT
had jurisdiction to deal with a complaint that affected only one fund
member.
Section 14(6) of the SRC Act states:
"(6) The Tribunal cannot deal with a complaint under this section that
relates to the management of a fund as a whole."
If there had been invalid amending Deeds executed then this would have
affected all fund members and therefore would relate to "the management of
the fund as a whole".
I was advised in a phone call from Phil McGrath on 7 February 2008 that
APRA was the appropriate body to deal with changes to Deeds that
disadvantage the membership.
The SCT then withdrew my complaint on 6 May 2008 under Section 22(4)
because of lack of jurisdiction.
The SCT made no ruling on my Final Average Salary {FAS}.
Sometime after 7 February 2008 {but before 31 March 2009} I contacted APRA
on the advice of Phil McGrath and advised APRA on my difficulties on
gaining access to the original Trust Deed and valid amending Deeds.
APRA then advised me that the appropriate agency to deal with a complaint
about access to the deeds of a regulated superannuation fund was ASIC
Note: The relevant legislation is subsection 1017C(5) of the Corporations
Act 2001 and related Regulations which is administered by ASIC and not
APRA.
The document I seek is a copy of the letter from APRA advising me to
contact ASIC with respect to my concerns about gaining access to the deeds
of the superannuation scheme then known as the Foster's Group
Superannuation Fund.
I followed the advice from APRA and contacted ASIC on 31 March 2009.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #6554 email]
Is [5][APRA request email] the wrong address for Freedom of Information
requests to Australian Prudential Regulation Authority? If so, please
contact us using this form:
[6]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[7]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
--------------------------------------------------------------------------
IMPORTANT NOTICE:
This e-mail is intended solely for the person or organisation to whom it
is addressed, and may contain secret, confidential or legally privileged
information.
If you have received this e-mail in error or are aware that you are not
authorised to have it, you MUST NOT use or copy it, or disclose its
contents to any person. If you do any of these things, you may be sued or
prosecuted.
If you have received this e-mail in error, please contact the sender
immediately.
--------------------------------------------------------------------------
References
Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/
4. mailto:[FOI #6554 email]
5. mailto:[APRA request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...
Dear Freedom of Information,
I agree to an extension of the response period
Yours sincerely,
Phillip Sweeney
Dear Mr Sweeney,
APRA has completed extensive searches based on the information provided
and has only identified documents on the subject matter that refer to an
agency other than ASIC.
Please advise as to whether you believe that these would be the correct
documents or if you are certain that ASIC was the agency that APRA
referred you to in relation to this matter.
Kind regards,
FOI OFFICER
T 02 9210 3000 | E [1][APRA request email]
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au
[3]Title: Australian Coat of Arms and APRA logo
-----Original Message-----
From: Phillip Sweeney <[FOI #6554 email]>
Sent: Friday, 31 July 2020 8:23 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Advice from APRA to contact ASIC
Dear Australian Prudential Regulation Authority,
In late 2007 I lodged a complaint with the SCT and at the time I was
unsure of the jurisdiction of the SCT, APRA and ASIC.
In early 2007 I had requested access to the Deeds of this superannuation
fund and I had received no response from the purported trustee for nearly
a year.
I, therefore, suspected that there may have been invalid amendments
{changes} to the deeds of this Defined Benefit fund that disadvantaged the
membership.
Note: In 2007 I did not know that it was a criminal offence to conceal the
deeds of a regulated superannuation fund from fund members and
beneficiaries.
If my complaint had been that I was concerned that a "mistake" has been
made in the determination on my Final Average Salary {FAS} then the SCT
had jurisdiction to deal with a complaint that affected only one fund
member.
Section 14(6) of the SRC Act states:
"(6) The Tribunal cannot deal with a complaint under this section that
relates to the management of a fund as a whole."
If there had been invalid amending Deeds executed then this would have
affected all fund members and therefore would relate to "the management of
the fund as a whole".
I was advised in a phone call from Phil McGrath on 7 February 2008 that
APRA was the appropriate body to deal with changes to Deeds that
disadvantage the membership.
The SCT then withdrew my complaint on 6 May 2008 under Section 22(4)
because of lack of jurisdiction.
The SCT made no ruling on my Final Average Salary {FAS}.
Sometime after 7 February 2008 {but before 31 March 2009} I contacted APRA
on the advice of Phil McGrath and advised APRA on my difficulties on
gaining access to the original Trust Deed and valid amending Deeds.
APRA then advised me that the appropriate agency to deal with a complaint
about access to the deeds of a regulated superannuation fund was ASIC
Note: The relevant legislation is subsection 1017C(5) of the Corporations
Act 2001 and related Regulations which is administered by ASIC and not
APRA.
The document I seek is a copy of the letter from APRA advising me to
contact ASIC with respect to my concerns about gaining access to the deeds
of the superannuation scheme then known as the Foster's Group
Superannuation Fund.
I followed the advice from APRA and contacted ASIC on 31 March 2009.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #6554 email]
Is [5][APRA request email] the wrong address for Freedom of Information
requests to Australian Prudential Regulation Authority? If so, please
contact us using this form:
[6]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[7]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
--------------------------------------------------------------------------
IMPORTANT NOTICE:
This e-mail is intended solely for the person or organisation to whom it
is addressed, and may contain secret, confidential or legally privileged
information.
If you have received this e-mail in error or are aware that you are not
authorised to have it, you MUST NOT use or copy it, or disclose its
contents to any person. If you do any of these things, you may be sued or
prosecuted.
If you have received this e-mail in error, please contact the sender
immediately.
--------------------------------------------------------------------------
References
Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/
4. mailto:[FOI #6554 email]
5. mailto:[APRA request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...
Dear Mr Sweeney,
Please find attached APRA's Notice of Decision dated 14 September 2020.
Regards,
FOI OFFICER
T 02 9210 3000 | E [1][APRA request email]
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au
[3]Title: Australian Coat of Arms and APRA logo
-----Original Message-----
From: Phillip Sweeney <[FOI #6554 email]>
Sent: Friday, 31 July 2020 8:23 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Advice from APRA to contact ASIC
Dear Australian Prudential Regulation Authority,
In late 2007 I lodged a complaint with the SCT and at the time I was
unsure of the jurisdiction of the SCT, APRA and ASIC.
In early 2007 I had requested access to the Deeds of this superannuation
fund and I had received no response from the purported trustee for nearly
a year.
I, therefore, suspected that there may have been invalid amendments
{changes} to the deeds of this Defined Benefit fund that disadvantaged the
membership.
Note: In 2007 I did not know that it was a criminal offence to conceal the
deeds of a regulated superannuation fund from fund members and
beneficiaries.
If my complaint had been that I was concerned that a "mistake" has been
made in the determination on my Final Average Salary {FAS} then the SCT
had jurisdiction to deal with a complaint that affected only one fund
member.
Section 14(6) of the SRC Act states:
"(6) The Tribunal cannot deal with a complaint under this section that
relates to the management of a fund as a whole."
If there had been invalid amending Deeds executed then this would have
affected all fund members and therefore would relate to "the management of
the fund as a whole".
I was advised in a phone call from Phil McGrath on 7 February 2008 that
APRA was the appropriate body to deal with changes to Deeds that
disadvantage the membership.
The SCT then withdrew my complaint on 6 May 2008 under Section 22(4)
because of lack of jurisdiction.
The SCT made no ruling on my Final Average Salary {FAS}.
Sometime after 7 February 2008 {but before 31 March 2009} I contacted APRA
on the advice of Phil McGrath and advised APRA on my difficulties on
gaining access to the original Trust Deed and valid amending Deeds.
APRA then advised me that the appropriate agency to deal with a complaint
about access to the deeds of a regulated superannuation fund was ASIC
Note: The relevant legislation is subsection 1017C(5) of the Corporations
Act 2001 and related Regulations which is administered by ASIC and not
APRA.
The document I seek is a copy of the letter from APRA advising me to
contact ASIC with respect to my concerns about gaining access to the deeds
of the superannuation scheme then known as the Foster's Group
Superannuation Fund.
I followed the advice from APRA and contacted ASIC on 31 March 2009.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #6554 email]
Is [5][APRA request email] the wrong address for Freedom of Information
requests to Australian Prudential Regulation Authority? If so, please
contact us using this form:
[6]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[7]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
--------------------------------------------------------------------------
IMPORTANT NOTICE:
This e-mail is intended solely for the person or organisation to whom it
is addressed, and may contain secret, confidential or legally privileged
information.
If you have received this e-mail in error or are aware that you are not
authorised to have it, you MUST NOT use or copy it, or disclose its
contents to any person. If you do any of these things, you may be sued or
prosecuted.
If you have received this e-mail in error, please contact the sender
immediately.
--------------------------------------------------------------------------
References
Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/
4. mailto:[FOI #6554 email]
5. mailto:[APRA request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...