Apology to Widows
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 a letter dated 10 November 2009 (ASIC Ref 36866/09) Mr Greg
Hackett an ASIC officer made the following representation:
"CCSL has advised ASIC that it initiated a search of its records
and archives of the previous trustee and has uncovered a copy of an
executed Trust Deed dated 26 August 1986 which contains the rules
of the Elders IXL Superannuation Fund dated 19 August 1985"
The purported Trustee CCSL has now undergone a "Phoenixing"
transformation so that it cannot have its RSE licence revoked by
APRA.
CCSL criminally concealed the genuine deeds of the trust that
provide a survivorship pension for widows. Copies of these deeds
can now be found here:
http://superfraud.org/?page_id=3321
http://superfraud.org/?page_id=3461
These deeds were obtained with the assistance of the Deputy Premier
and Attorney General of South Australia, the Hon John Rau MP and
his Department.
The purported "Trust Deed" dated 26 August 1986 that Mr Hackett
misrepresented as the "Trust Deed" was executed by Ken Jarrett who
served a term of imprisonment for dishonest conduct after three
major investigations by the former National Crime Authority. The
Australian Crime Commission replaced the National Crime Authority.
A copy of the "Jarrett Deed" can be downloaded as Item 14-28 from
the website of the Australian Crime Commission here:
https://www.crimecommission.gov.au/publi...
The genuine Trust Deed is dated 23 December 1913 and was drafted by
Sir John Downer who co-drafted the Australian Constitution.
CCSL also failed to lodge a copy of the genuine 1913 Trust Deed
with APRA as part of the Fund Registration process pursuant to the
Superannuation Safety Amendment Act 2004, but instead
misrepresented the "Jarrett Deed" as the genuine founding Trust
Deed.
The "Jarrett Deed" could not possibly be the original Trust Deed that established this Fund since the "Jarrett Deed" itself recites the original Trust Deed made on 23 December 1913.
However APRA still registered this fund in contravention to Section 29M of the Superannuation Industry (Supervision) Act 1993.
Section 29M can be found here:
http://www.austlii.edu.au/au/legis/cth/c...
The document or documents I seek is a copy of any apology that APRA as sent to the Widows who have not received their survivorship pensions, due to APRA's gross incompetence for registering this fund based on the fraudulent "Jarrett
Deed" being accepted by APRA as the genuine Trust Deed of one one Australia's oldest pension funds.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney
Please see attached, APRA's acknowledgement letter dated 20 October 2015.
Kind regards
APRA FOI Officer
-----Original Message-----
From: Phillip Sweeney [mailto:[FOI #1356 email]]
Sent: Friday, 6 November 2015 8:27 PM
To: Freedom of Information
Subject: Freedom of Information request - Apology to Widows
Dear Australian Prudential Regulation Authority,
In a letter dated 10 November 2009 (ASIC Ref 36866/09) Mr Greg
Hackett an ASIC officer made the following representation:
"CCSL has advised ASIC that it initiated a search of its records
and archives of the previous trustee and has uncovered a copy of an
executed Trust Deed dated 26 August 1986 which contains the rules
of the Elders IXL Superannuation Fund dated 19 August 1985"
The purported Trustee CCSL has now undergone a "Phoenixing"
transformation so that it cannot have its RSE licence revoked by
APRA.
CCSL criminally concealed the genuine deeds of the trust that
provide a survivorship pension for widows. Copies of these deeds
can now be found here:
http://superfraud.org/?page_id=3321
http://superfraud.org/?page_id=3461
These deeds were obtained with the assistance of the Deputy Premier
and Attorney General of South Australia, the Hon John Rau MP and
his Department.
The purported "Trust Deed" dated 26 August 1986 that Mr Hackett
misrepresented as the "Trust Deed" was executed by Ken Jarrett who
served a term of imprisonment for dishonest conduct after three
major investigations by the former National Crime Authority. The
Australian Crime Commission replaced the National Crime Authority.
A copy of the "Jarrett Deed" can be downloaded as Item 14-28 from
the website of the Australian Crime Commission here:
https://www.crimecommission.gov.au/publi...
The genuine Trust Deed is dated 23 December 1913 and was drafted by
Sir John Downer who co-drafted the Australian Constitution.
CCSL also failed to lodge a copy of the genuine 1913 Trust Deed
with APRA as part of the Fund Registration process pursuant to the
Superannuation Safety Amendment Act 2004, but instead
misrepresented the "Jarrett Deed" as the genuine founding Trust
Deed.
The "Jarrett Deed" could not possibly be the original Trust Deed that established this Fund since the "Jarrett Deed" itself recites the original Trust Deed made on 23 December 1913.
However APRA still registered this fund in contravention to Section 29M of the Superannuation Industry (Supervision) Act 1993.
Section 29M can be found here:
http://www.austlii.edu.au/au/legis/cth/c...
The document or documents I seek is a copy of any apology that APRA as sent to the Widows who have not received their survivorship pensions, due to APRA's gross incompetence for registering this fund based on the fraudulent "Jarrett
Deed" being accepted by APRA as the genuine Trust Deed of one one Australia's oldest pension funds.
Yours faithfully,
Phillip Sweeney
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Dear Mr Sweeney
Please see the attached letter.
Kind regards
APRA FOI Officer
-----Original Message-----
From: Phillip Sweeney [mailto:[FOI #1356 email]]
Sent: Friday, 6 November 2015 8:27 PM
To: Freedom of Information
Subject: Freedom of Information request - Apology to Widows
Dear Australian Prudential Regulation Authority,
In a letter dated 10 November 2009 (ASIC Ref 36866/09) Mr Greg
Hackett an ASIC officer made the following representation:
"CCSL has advised ASIC that it initiated a search of its records
and archives of the previous trustee and has uncovered a copy of an
executed Trust Deed dated 26 August 1986 which contains the rules
of the Elders IXL Superannuation Fund dated 19 August 1985"
The purported Trustee CCSL has now undergone a "Phoenixing"
transformation so that it cannot have its RSE licence revoked by
APRA.
CCSL criminally concealed the genuine deeds of the trust that
provide a survivorship pension for widows. Copies of these deeds
can now be found here:
http://superfraud.org/?page_id=3321
http://superfraud.org/?page_id=3461
These deeds were obtained with the assistance of the Deputy Premier
and Attorney General of South Australia, the Hon John Rau MP and
his Department.
The purported "Trust Deed" dated 26 August 1986 that Mr Hackett
misrepresented as the "Trust Deed" was executed by Ken Jarrett who
served a term of imprisonment for dishonest conduct after three
major investigations by the former National Crime Authority. The
Australian Crime Commission replaced the National Crime Authority.
A copy of the "Jarrett Deed" can be downloaded as Item 14-28 from
the website of the Australian Crime Commission here:
https://www.crimecommission.gov.au/publi...
The genuine Trust Deed is dated 23 December 1913 and was drafted by
Sir John Downer who co-drafted the Australian Constitution.
CCSL also failed to lodge a copy of the genuine 1913 Trust Deed
with APRA as part of the Fund Registration process pursuant to the
Superannuation Safety Amendment Act 2004, but instead
misrepresented the "Jarrett Deed" as the genuine founding Trust
Deed.
The "Jarrett Deed" could not possibly be the original Trust Deed that established this Fund since the "Jarrett Deed" itself recites the original Trust Deed made on 23 December 1913.
However APRA still registered this fund in contravention to Section 29M of the Superannuation Industry (Supervision) Act 1993.
Section 29M can be found here:
http://www.austlii.edu.au/au/legis/cth/c...
The document or documents I seek is a copy of any apology that APRA as sent to the Widows who have not received their survivorship pensions, due to APRA's gross incompetence for registering this fund based on the fraudulent "Jarrett
Deed" being accepted by APRA as the genuine Trust Deed of one one Australia's oldest pension funds.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1356 email]
Is [APRA request email] the wrong address for Freedom of Information requests to Australian Prudential Regulation Authority? If so, please contact us using this form:
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:
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.
Dear Freedom of Information,
A cheque has been sent for the amount requested
Yours sincerely,
Phillip Sweeney
Dear Mr Sweeney,
Please see attached, APRA’s Notice of Decision dated 22 December 2015.
Kind regards,
APRA FOI Officer
--------------------------------------------------------------------------
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.
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