APRA Reporting Forms - MLC Super Fund
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,
The document I seek is a copy of a document that was prepared by EY Auditor David Jewell for the MLC Super Fund for 2018-2019 which would have a title similar to "Independent Auditor's report on APRA reporting forms and Reasonable Assurance report on compliance".
Part (A) May a have a title similar to "APRA reporting forms required under reporting standards SPS 310"
Part (B) May have a title similar to "Compliance".
Included in Part (B) would be a reasonable assurance that the trustee of the MLC Super Fund {NULIS Nominees {Australia} Ltd had complied with Sections 1017C(2) and 1017C(5) of the Corporations Act 2001.
The ABN of the MLC Super Fund is 70732426024.
The Registration number is R1077223.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney,
I acknowledge receipt of your FOI request dated 27 June 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
[mailto:[FOI #6437 email]]
Sent: Saturday, 27 June 2020 6:05 PM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - APRA Reporting Forms - MLC Super
Fund
Dear Australian Prudential Regulation Authority,
The document I seek is a copy of a document that was prepared by EY
Auditor David Jewell for the MLC Super Fund for 2018-2019 which would have
a title similar to "Independent Auditor's report on APRA reporting forms
and Reasonable Assurance report on compliance".
Part (A) May a have a title similar to "APRA reporting forms required
under reporting standards SPS 310"
Part (B) May have a title similar to "Compliance".
Included in Part (B) would be a reasonable assurance that the trustee of
the MLC Super Fund {NULIS Nominees {Australia} Ltd had complied with
Sections 1017C(2) and 1017C(5) of the Corporations Act 2001.
The ABN of the MLC Super Fund is 70732426024.
The Registration number is R1077223.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #6437 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 #6437 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 24 July 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 <[4][FOI #6437 email]>
Sent: Saturday, 27 June 2020 6:05 PM
To: Freedom of Information <[5][email address]>
Subject: Freedom of Information request - APRA Reporting Forms - MLC Super
Fund
Dear Australian Prudential Regulation Authority,
The document I seek is a copy of a document that was prepared by EY
Auditor David Jewell for the MLC Super Fund for 2018-2019 which would have
a title similar to "Independent Auditor's report on APRA reporting forms
and Reasonable Assurance report on compliance".
Part (A) May a have a title similar to "APRA reporting forms required
under reporting standards SPS 310"
Part (B) May have a title similar to "Compliance".
Included in Part (B) would be a reasonable assurance that the trustee of
the MLC Super Fund {NULIS Nominees {Australia} Ltd had complied with
Sections 1017C(2) and 1017C(5) of the Corporations Act 2001.
The ABN of the MLC Super Fund is 70732426024.
The Registration number is R1077223.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[6][FOI #6437 email]
Is [7][APRA request email] the wrong address for Freedom of Information
requests to Australian Prudential Regulation Authority? If so, please
contact us using this form:
[8]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:
[9]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 #6437 email]
5. mailto:[email address]
6. mailto:[FOI #6437 email]
7. mailto:[APRA request email]
8. https://www.righttoknow.org.au/change_re...
9. https://www.righttoknow.org.au/help/offi...
Dear Australian Prudential Regulation Authority,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Prudential Regulation Authority's handling of my FOI request 'APRA Reporting Forms - MLC Super Fund'.
I am in possession of a number of Trustee Compliance reports including one by David Coogan (PwC) for the Host-Plus superannuation fund and one by S. Cuthbert (PwC) for the Retirement Wrap superannuation fund. None of these funds featured in the Hayne Royal Commission.
In a COMPULSORY superannuation system, the compliance reports by independent auditors should not be considered by APRA to be "protected documents".
The Hayne Royal Commission which was deliberated limited in time still found multiple examples of misconduct and non-compliance with superannuation laws by the trustees of several large superannuation funds.
If the Royal Commission had spent more than two weeks on superannuation many more contraventions would have been revealed.
The Royal Commissioner also found APRA to be a "toothless tiger" when it came to enforcement of superannuation laws.
There is clearly an important public interest in the auditor's compliance reports being accessible to financial journalists, financial planners and members of the public - especially for those funds who featured in the Royal Commission, which includes the MLC Super Fund.
The former chairman of the trustee, Nicole Smith, admitted to the Royal Commissioner that she did not consider that there might be criminal implications for taking money out of members' accounts to which there was no justification for doing so.
https://www.abc.net.au/news/2018-08-08/n...
If APRA seeks to conceal the auditor's compliance report for a fund that featured in the Hayne Royal Commission, then the inference that is to be drawn is that APRA is seeking to protect the directors of NULIS Nominees (Australia) Ltd, the trustee of the MLC Super Fund.
Since 5 April 2020 civil penalties now apply to trustees who breach the statutory covenants of Section 52 of the SIS Act and criminal sanctions apply to trustee directors who contravene the statutory covenants of Section 52A of the SIS Act as per Section 54B of the SIS Act.
This is yet another reason why there should be public access to the auditor's compliance reports, especially for funds and trustees who have a track record of non-compliance.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney,
I acknowledge receipt of your FOI Internal Review request dated 24 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 #6437 email]>
Sent: Friday, 24 July 2020 11:55 AM
To: Freedom of Information <[email address]>
Subject: Internal review of Freedom of Information request - APRA
Reporting Forms - MLC Super Fund
Dear Australian Prudential Regulation Authority,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Australian Prudential
Regulation Authority's handling of my FOI request 'APRA Reporting Forms -
MLC Super Fund'.
I am in possession of a number of Trustee Compliance reports including one
by David Coogan (PwC) for the Host-Plus superannuation fund and one by S.
Cuthbert (PwC) for the Retirement Wrap superannuation fund. None of these
funds featured in the Hayne Royal Commission.
In a COMPULSORY superannuation system, the compliance reports by
independent auditors should not be considered by APRA to be "protected
documents".
The Hayne Royal Commission which was deliberated limited in time still
found multiple examples of misconduct and non-compliance with
superannuation laws by the trustees of several large superannuation funds.
If the Royal Commission had spent more than two weeks on superannuation
many more contraventions would have been revealed.
The Royal Commissioner also found APRA to be a "toothless tiger" when it
came to enforcement of superannuation laws.
There is clearly an important public interest in the auditor's compliance
reports being accessible to financial journalists, financial planners and
members of the public - especially for those funds who featured in the
Royal Commission, which includes the MLC Super Fund.
The former chairman of the trustee, Nicole Smith, admitted to the Royal
Commissioner that she did not consider that there might be criminal
implications for taking money out of members' accounts to which there was
no justification for doing so.
[4]https://www.abc.net.au/news/2018-08-08/n...
If APRA seeks to conceal the auditor's compliance report for a fund that
featured in the Hayne Royal Commission, then the inference that is to be
drawn is that APRA is seeking to protect the directors of NULIS Nominees
(Australia) Ltd, the trustee of the MLC Super Fund.
Since 5 April 2020 civil penalties now apply to trustees who breach the
statutory covenants of Section 52 of the SIS Act and criminal sanctions
apply to trustee directors who contravene the statutory covenants of
Section 52A of the SIS Act as per Section 54B of the SIS Act.
This is yet another reason why there should be public access to the
auditor's compliance reports, especially for funds and trustees who have a
track record of non-compliance.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[5]https://www.righttoknow.org.au/request/a...
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[6][FOI #6437 email]
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. https://www.abc.net.au/news/2018-08-08/n...
5. https://www.righttoknow.org.au/request/a...
6. mailto:[FOI #6437 email]
7. https://www.righttoknow.org.au/help/offi...
Dear Mr Sweeney,
Please find attached APRA's Internal Review Notice of Decision dated 21
August 2020.
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 #6437 email]>
Sent: Friday, 24 July 2020 11:55 AM
To: Freedom of Information <[email address]>
Subject: Internal review of Freedom of Information request - APRA
Reporting Forms - MLC Super Fund
Dear Australian Prudential Regulation Authority,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Australian Prudential
Regulation Authority's handling of my FOI request 'APRA Reporting Forms -
MLC Super Fund'.
I am in possession of a number of Trustee Compliance reports including one
by David Coogan (PwC) for the Host-Plus superannuation fund and one by S.
Cuthbert (PwC) for the Retirement Wrap superannuation fund. None of these
funds featured in the Hayne Royal Commission.
In a COMPULSORY superannuation system, the compliance reports by
independent auditors should not be considered by APRA to be "protected
documents".
The Hayne Royal Commission which was deliberated limited in time still
found multiple examples of misconduct and non-compliance with
superannuation laws by the trustees of several large superannuation funds.
If the Royal Commission had spent more than two weeks on superannuation
many more contraventions would have been revealed.
The Royal Commissioner also found APRA to be a "toothless tiger" when it
came to enforcement of superannuation laws.
There is clearly an important public interest in the auditor's compliance
reports being accessible to financial journalists, financial planners and
members of the public - especially for those funds who featured in the
Royal Commission, which includes the MLC Super Fund.
The former chairman of the trustee, Nicole Smith, admitted to the Royal
Commissioner that she did not consider that there might be criminal
implications for taking money out of members' accounts to which there was
no justification for doing so.
[4]https://www.abc.net.au/news/2018-08-08/n...
If APRA seeks to conceal the auditor's compliance report for a fund that
featured in the Hayne Royal Commission, then the inference that is to be
drawn is that APRA is seeking to protect the directors of NULIS Nominees
(Australia) Ltd, the trustee of the MLC Super Fund.
Since 5 April 2020 civil penalties now apply to trustees who breach the
statutory covenants of Section 52 of the SIS Act and criminal sanctions
apply to trustee directors who contravene the statutory covenants of
Section 52A of the SIS Act as per Section 54B of the SIS Act.
This is yet another reason why there should be public access to the
auditor's compliance reports, especially for funds and trustees who have a
track record of non-compliance.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[5]https://www.righttoknow.org.au/request/a...
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[6][FOI #6437 email]
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. https://www.abc.net.au/news/2018-08-08/n...
5. https://www.righttoknow.org.au/request/a...
6. mailto:[FOI #6437 email]
7. https://www.righttoknow.org.au/help/offi...