Compliance with Section 316 of the Crimes Act 1900 (NSW) - Warren Scott - APRA
Phillip Sweeney made this Freedom of Information request to Australian Federal Police
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Federal Police,
The Head Office of the Australian Prudential Regulation Commission (APRA) is located in Sydney, New South Wales and the staff of APRA are subject to the laws of New South Wales including Section 316 of the Crimes Act 1900 (NSW).
Warren Scott, the General Counsel, of APRA is privy to information that falls within the scope of Section 316 related to the granting of registration of a superannuation fund in breach of Section 29M of the Superannuation Industry (Supervision) Act 1993.
Fund Registration number R1004830 was granted on 20 April 2006. without obtaining a copy of the founding Trust Deed dated 23 December 1913.
A purported "Deed" dated 26 August 1986 was misrepresented to APRA as the "Trust Deed", even though this document recited the genuine Trust Deed dated 23 December 1913.
This contravention of the law has enlivened multiple offences under the Criminal Code Act 1995 (Cth), which fall under the jurisdiction of the Australian Federal Police..
In order to comply with his statutory duty pursuant Section 316 of the Crimes Act 1900 (NSW), Warren Scott should have provided the Australian Federal Police with copies of a letter dated 16 March 2006 addressed to Mr Julian Marks, Manager- South West Region APRA (plus attached documents) and a copy of a letter dated 29 March 2006 to Mr David McNair - Specialist Institutions Division, South West Region, APRA (plus attached documents).
The first letter of the surname of the signatory to these letters starts with "B".
The document I seek is a copy of the covering letter that should have been sent by Warren Scott to the Australian Federal Police providing this "information" to the Australian Federal Police, and which confirms compliance with Section 316 of the Crimes Act 1900 (NSW) by Warren Scott.
The names of any alleged wrongdoers can be redacted if necessary.
Yours faithfully,
Phillip Sweeney
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UNCLASSIFIED
Dear Mr Sweeney,
Your Freedom of Information Request
I refer to your application dated 26 October 2017 in which you seek access
to documents under the Freedom of Information Act 1982 (the Act) as
follows:
“In order to comply with statutory duty, Warren Scott should have sent two
letter dated 16 march 2006 and 29 march 2006 to the AFP.
I seek a copy of the covering letter that should have been sent by Warren
Scott to the AFP providing this "information" to the AFP, and which
confirms compliance with section 316 of the Crimes Act 1900 (NSW) by
Warren Scott.
See request for full scope.”
Information considered irrelevant to the scope of your request
The AFP, in its management of FOI requests, excludes the following
information on the basis that is irrelevant to the scope of a request:
- Names of AFP members, other than the Senior Executive.
- Direct telephone numbers, signatures and mobile telephone numbers
of AFP members.
- Duplicate documents, including duplicate emails. The AFP will only
provide emails where they form a final email chain and the
authors/recipients are contained within the final email.
- Information that is publicly available, for example, newspaper
articles, online publications including information available on the AFP
Information Publication Scheme and the AFP disclosure log.
If you object to the AFP excluding any of the above information, please
advise this office within seven days of receipt of this letter.
Your request was received by this agency on 26 October 2017 and the 30 day
statutory period for processing your request commenced from that date.
You will be notified of any charges in accordance with the Freedom of
Information (Fees and Charges) Regulations, should they apply, in relation
to your request as soon as practicable.
Disclosure Log
Please be advised that in accordance with section 11C of the Act, an
agency is required to publish information on their website following the
notification of a decision in respect of a freedom of information
request.
The requirement to publish information released under FOI reinforces the
objectives of the FOI Act to promote a pro-disclosure culture across
government and to increase recognition that information held by government
is a national resource. Exceptions to the requirement to publish
information would apply to personal information and information concerning
the business affairs of a person if it was considered ‘unreasonable’ to do
so. Details of the decision may be published in a Disclosure Log which
can be found at
[1]https://www.afp.gov.au/about-us/informat....
Publication will be made in accordance with timeframes stipulated in
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If, however, after noting the above, you wish to raise any concerns about
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November 2017. If you do not raise any concerns prior to the date of the
decision, the AFP will publish the information as notified to you in the
decision.
Yours sincerely
Elise (AFP12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
[2]www.afp.gov.au
[3]cid:image001.gif@01D35248.EA9395E0
UNCLASSIFIED
References
Visible links
1. https://www.afp.gov.au/about-us/informat...
2. http://www.afp.gov.au/
Dear Jones, Elise,
A response to this FIO request is now overdue. Can you please expedite
Yours sincerely,
Phillip Sweeney
UNCLASSIFIED
Dear Mr Sweeney,
Thank you for your email below regarding your FOI request CRM 2018/261.
Unfortunately this office was unable to make a decision on your request by 26 November 2017. The FOI team has experienced a significant increase in the volume of FOI applications at this time. The team are currently the AFP is consulting with 3rd parties in relation to information owned by another government department.
We apologise for the delay in finalising your request, however, please be assured that we are endeavouring to complete the request as soon as possible.
Kind regards
Elise (AFP12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
AUSTRALIAN FEDERAL POLICE
Tel +61(0) 2 61316131
www.afp.gov.au
Dear FOI,
Another month has now gone by and still no response has been provided by the Australian Federal Police.
Might I again ask you to expedite a response.
Yours sincerely,
Phillip Sweeney
Thank you for your email.
Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.
This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.
If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.
If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.
Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...
The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.
The FOI Team can be contacted on 02 6131 6131
Dear Australian Federal Police,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Federal Police's handling of my FOI request 'Compliance with Section 316 of the Crimes Act 1900 (NSW) - Warren Scott - APRA'.
I wish to lodge a FOI response from the Australian Federal Police to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry in relation to this matter.
An Internal Review will also confirm to the Royal Commissioner that the Australian Federal Police have a commitment to complying with the provisions of the Freedom of Information Act 1982 and The Rule of Law above any desire to protect white-collar criminals .
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/c...
Yours faithfully,
Phillip Sweeney
Thank you for your email.
Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.
This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.
If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.
If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.
Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...
The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.
The FOI Team can be contacted on 02 6131 6131
UNCLASSIFIED
Dear Mr Sweeney
Thank you for your email.
I refer to your request CRM 2018/261 made to the AFP on 26 October 2017. As you may be aware, the statutory timeframe for the AFP to process your request has now expired without you receiving notification of a decision, and the request is now deemed refused under the Freedom of Information Act 1982.
The AFP is continuing to process your request, in accordance with its obligations as set out in Office of the Australian Information Commissioner (OAIC) Guidelines. However, as your request is now a deemed refusal you may wish to seek a review by the OAIC. Information concerning the FOI Review Process can be found at the following link:
https://www.oaic.gov.au/freedom-of-infor...
On 16 January 2018 you requested an internal review in relation to your request. However, under the FOI Act Internal Reviews can only be conducted in relation to decisions that have been made by an agency. As the AFP has not at this stage made a decision in relation to your request, we are therefore not able to undertake an Internal Review of your request.
We apologise for the delay and any inconvenience this may cause, however, your request is receiving attention and a decision will be made in due course.
Regards,
JACQUELINE ELLERY
TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
AUSTRALIAN FEDERAL POLICE
Tel +61(0) 2 6131 6131
UNCLASSIFIED
Dear Mr Sweeney
Please find attached a decision in relation to your FOI request.
Regards
JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
Tel +61(0) 6131 6131
[1]www.afp.gov.au
[2]Australian Federal Police
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/