Copy of an Amending Deed
Phillip Sweeney made this Freedom of Information request to Superannuation Complaints Tribunal
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Superannuation Complaints Tribunal,
On the 6 May 2008 Fiona Power issued a Notice Under Section 22(4) to Margaret O'Halloran, Fund Secretary and to myself.
Subsection 14(6) of the SRC Act provides:
(6) The Tribunal cannot deal with a complaint under this section that relates to the management of a fund as a whole.
I had alleged that I suspected that invalid changes {amendments} had been made to the original Trust Deed as confirmed by a file note dated 7 February 2008, which if true would relate "to the management of a fund as a whole".
The SCT had previously issued Ms O'Halloran with a Notice under Section 17 to produce a copy of the "Trust Deed" and relevant amendments executed up until mid-October 2006 when a release event occurred.
When I lodged my complaint with the SCT in late 2007 the purported trustee had not provided me with copies of the original "Trust Deed" nor copies of any amending Deeds. Therefore I could not substantiate my allegation of suspected invalid amending Deeds.
With the assistance of the Attorney-General's Department of South Australia, I now have possession of copies of the genuine Deeds.
In a recent FOI Request I sought:
" a copy of the documents represented as the "Trust Deed" by Ms O'Halloran and any other documents provided to the SCT in response to the Notice under Section 17 the complaint I lodged with the SCT in late 2007"
I moved house two years ago and after searching through my garage I located a box with some of these documents provided by the SCT after a request 11 years ago dated 2 October 2009. There were some 250 pages.
One document with a handwritten number "208" which was a copy of a note from Phil McGrath to Paula Britton [File Ref: 07-02222] Dated 5 February 2008.
Title: Documents for Trust Deed Library
Under Type of Document was "Amending Deed (replacing the Rules relating to the Fund in their entirety)". Dated 03/04/2006.
However, a copy of this "Amending Deed" was not included in the 250 pages of documents provided by the SCT.
This would be an easy mistake to make with so many documents
I do not need a copy of the 250 pages that I have in my possession.
I am now seeking a copy of the document described as an "Amending Deed" that was added to the "Trust Deed Library".
An "Amending Deed" clearly cannot be the original Trust Deed that established the superannuation fund, scheme or trust.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney
Could you please provide the Tribunal with proof of your current address and we can arrange for a copy of the Deed covered by your FOI request (the Deed provided by the Trustee in response to your complaint 07-02222) to be posted to you.
Kind regards
Eva Karakostas
-----Original Message-----
From: Phillip Sweeney <[FOI #6650 email]>
Sent: Wednesday, 26 August 2020 2:48 PM
To: FOIrequest SCT <[email address]>
Subject: Freedom of Information request - Copy of an Amending Deed
EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
Dear Superannuation Complaints Tribunal,
On the 6 May 2008 Fiona Power issued a Notice Under Section 22(4) to Margaret O'Halloran, Fund Secretary and to myself.
Subsection 14(6) of the SRC Act provides:
(6) The Tribunal cannot deal with a complaint under this section that relates to the management of a fund as a whole.
I had alleged that I suspected that invalid changes {amendments} had been made to the original Trust Deed as confirmed by a file note dated 7 February 2008, which if true would relate "to the management of a fund as a whole".
The SCT had previously issued Ms O'Halloran with a Notice under Section 17 to produce a copy of the "Trust Deed" and relevant amendments executed up until mid-October 2006 when a release event occurred.
When I lodged my complaint with the SCT in late 2007 the purported trustee had not provided me with copies of the original "Trust Deed" nor copies of any amending Deeds. Therefore I could not substantiate my allegation of suspected invalid amending Deeds.
With the assistance of the Attorney-General's Department of South Australia, I now have possession of copies of the genuine Deeds.
In a recent FOI Request I sought:
" a copy of the documents represented as the "Trust Deed" by Ms O'Halloran and any other documents provided to the SCT in response to the Notice under Section 17 the complaint I lodged with the SCT in late 2007"
I moved house two years ago and after searching through my garage I located a box with some of these documents provided by the SCT after a request 11 years ago dated 2 October 2009. There were some 250 pages.
One document with a handwritten number "208" which was a copy of a note from Phil McGrath to Paula Britton [File Ref: 07-02222] Dated 5 February 2008.
Title: Documents for Trust Deed Library
Under Type of Document was "Amending Deed (replacing the Rules relating to the Fund in their entirety)". Dated 03/04/2006.
However, a copy of this "Amending Deed" was not included in the 250 pages of documents provided by the SCT.
This would be an easy mistake to make with so many documents
I do not need a copy of the 250 pages that I have in my possession.
I am now seeking a copy of the document described as an "Amending Deed" that was added to the "Trust Deed Library".
An "Amending Deed" clearly cannot be the original Trust Deed that established the superannuation fund, scheme or trust.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #6650 email]
Is [SCT request email] the wrong address for Freedom of Information requests to Superannuation Complaints Tribunal? 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.
-------------------------------------------------------------------
Dear Evangelia Karakostas,
My mailing address is 37 Darian Road - Torquay - 3228
I can mail a copy of my driver's licence if you wish
Please advise
Yours sincerely,
Phillip Sweeney
Dear Mr Sweeney
If you can confirm your previous address and date of birth by reply email, I can check that it matches our records. This should be sufficient identification to send the material to you.
If you would prefer that I send the document to you electronically please let me know . The email address that we have for you is [email address] - is this still current?
Regards
Eva
-----Original Message-----
From: Phillip Sweeney <[FOI #6650 email]>
Sent: Sunday, 30 August 2020 7:37 AM
To: Evangelia Karakostas <[email address]>
Subject: RE: Freedom of Information request - Copy of an Amending Deed [SEC=OFFICIAL]
EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
Dear Evangelia Karakostas,
My mailing address is 37 Darian Road - Torquay - 3228
I can mail a copy of my driver's licence if you wish
Please advise
Yours sincerely,
Phillip Sweeney
-----Original Message-----
Dear Mr Sweeney
Could you please provide the Tribunal with proof of your current address and we can arrange for a copy of the Deed covered by your FOI request (the Deed provided by the Trustee in response to your complaint 07-02222) to be posted to you.
Kind regards
Eva Karakostas
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #6650 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:
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.
-------------------------------------------------------------------
Dear Evangelia Karakostas,
My date of birth is 21 November 1952.
My previous address was 12 Highland Way, Highton
Moved 3 years ago
Yours sincerely,
Phillip Sweeney
Dear Evangelia Karakostas,
email address starts with oursuper
right to know does not publish full email addresses
Yours sincerely,
Phillip Sweeney
Dear Mr Sweeney
Would you like to receive the document by email? Is this the correct email address? [email address]
Regards
Eva
-----Original Message-----
From: Phillip Sweeney <[FOI #6650 email]>
Sent: Tuesday, 1 September 2020 3:30 PM
To: Evangelia Karakostas <[email address]>
Subject: RE: Freedom of Information request - Copy of an Amending Deed [SEC=OFFICIAL]
EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
Dear Evangelia Karakostas,
email address starts with oursuper
right to know does not publish full email addresses
Yours sincerely,
Phillip Sweeney
-----Original Message-----
Dear Mr Sweeney
If you can confirm your previous address and date of birth by reply email, I can check that it matches our records. This should be sufficient identification to send the material to you.
If you would prefer that I send the document to you electronically please let me know . The email address that we have for you is [email address] - is this still current?
Regards
Eva
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #6650 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:
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.
-------------------------------------------------------------------
Dear Evangelia Karakostas,
Email will be fine
oursuper is the first 8 letters and fund2012 is the next eight with the service provider starting the with the letter g after the @
Yours sincerely,
Phillip Sweeney