Correspondence with Senator Williams
Phillip Sweeney made this Freedom of Information request to Australian Securities and Investments Commission
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Securities and Investments Commission,
Senator John Williams is the Chair of a Senate Committee investigating the non-payment or delayed payment of life insurance benefits.
Life insurance coverage can be obtained either directly from a life insurance company or via a superannuation fund.
The terms of reference of this Senate inquiry have been expanded to cover both.
In recent years Senator Williams has made inquiries to ASIC on behalf of a number of persons who have a beneficial interest in an occupational pension scheme established by a Trust Deed dated 23 December 1913. This scheme has more recently been known as the Foster's Group Superannuation Fund and the AusBev Superannuation Fund. On the 20 January 2014 a subsidiary company of the National Australia Bank (NAB) gained control of the Trust Estate of this pension scheme.
Representations have been made that this scheme is now a "sub-plan" of the Plum Superannuation Fund and more recently a "sub-plan" of the MLC Superannuation Fund.
The documents I seek are copies of the letters or emails sent to ASIC by Senator Williams or his staff in relation to the administration and documents associated with this superannuation fund as well as copies of the responses provided by ASIC to Senator Williams or his office staff.
One of the topics covered in this correspondence is the concealment of Deeds of the Fund from current and former members of the fund as well as from "beneficiaries" by current and former trustees or purported trustees.
The search period is from 1 January 2012 to the present.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney
I attach a letter acknowledging receipt of your FOI request below.
Please contact me if you have any questions,
Kind regards
Therese
Therese Brabet | Lawyer | Investment Managers and Superannuation | ASIC |
' 61 3 9280 4652 | 7 61 3 9280 3266 | * [1][email address]
From: Phillip Sweeney
<[FOI #2131 email]>
To: FOI requests at ASIC <[ASIC request email]>,
Date: 17/08/2016 08:06 AM
Subject: Freedom of Information request - Correspondence with
Senator Williams
--------------------------------------------------------------------------
Dear Australian Securities and Investments Commission,
Senator John Williams is the Chair of a Senate Committee investigating the
non-payment or delayed payment of life insurance benefits.
Life insurance coverage can be obtained either directly from a life
insurance company or via a superannuation fund.
The terms of reference of this Senate inquiry have been expanded to cover
both.
In recent years Senator Williams has made inquiries to ASIC on behalf of a
number of persons who have a beneficial interest in an occupational
pension scheme established by a Trust Deed dated 23 December 1913. This
scheme has more recently been known as the Foster's Group Superannuation
Fund and the AusBev Superannuation Fund. On the 20 January 2014 a
subsidiary company of the National Australia Bank (NAB) gained control of
the Trust Estate of this pension scheme.
Representations have been made that this scheme is now a "sub-plan" of the
Plum Superannuation Fund and more recently a "sub-plan" of the MLC
Superannuation Fund.
The documents I seek are copies of the letters or emails sent to ASIC by
Senator Williams or his staff in relation to the administration and
documents associated with this superannuation fund as well as copies of
the responses provided by ASIC to Senator Williams or his office staff.
One of the topics covered in this correspondence is the concealment of
Deeds of the Fund from current and former members of the fund as well as
from "beneficiaries" by current and former trustees or purported trustees.
The search period is from 1 January 2012 to the present.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #2131 email]
Is [ASIC request email] the wrong address for Freedom of Information
requests to Australian Securities and Investments Commission? If so,
please contact us using this form:
[2]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:
[3]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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Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.
NOTICE
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.
References
Visible links
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2. https://www.righttoknow.org.au/change_re...
3. https://www.righttoknow.org.au/help/offi...
Dear Mr Sweeney
In relation to your recent FOI request, please find attached a letter
advising of our consultation with an affected third party.
Kind regards
Therese
Therese Brabet | Lawyer | Investment Managers and Superannuation | ASIC |
' 61 3 9280 4652 | 7 61 3 9280 3266 | * [1][email address]
From: Phillip Sweeney
<[FOI #2131 email]>
To: FOI requests at ASIC <[ASIC request email]>,
Date: 17/08/2016 08:06 AM
Subject: Freedom of Information request - Correspondence with
Senator Williams
--------------------------------------------------------------------------
Dear Australian Securities and Investments Commission,
Senator John Williams is the Chair of a Senate Committee investigating the
non-payment or delayed payment of life insurance benefits.
Life insurance coverage can be obtained either directly from a life
insurance company or via a superannuation fund.
The terms of reference of this Senate inquiry have been expanded to cover
both.
In recent years Senator Williams has made inquiries to ASIC on behalf of a
number of persons who have a beneficial interest in an occupational
pension scheme established by a Trust Deed dated 23 December 1913. This
scheme has more recently been known as the Foster's Group Superannuation
Fund and the AusBev Superannuation Fund. On the 20 January 2014 a
subsidiary company of the National Australia Bank (NAB) gained control of
the Trust Estate of this pension scheme.
Representations have been made that this scheme is now a "sub-plan" of the
Plum Superannuation Fund and more recently a "sub-plan" of the MLC
Superannuation Fund.
The documents I seek are copies of the letters or emails sent to ASIC by
Senator Williams or his staff in relation to the administration and
documents associated with this superannuation fund as well as copies of
the responses provided by ASIC to Senator Williams or his office staff.
One of the topics covered in this correspondence is the concealment of
Deeds of the Fund from current and former members of the fund as well as
from "beneficiaries" by current and former trustees or purported trustees.
The search period is from 1 January 2012 to the present.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #2131 email]
Is [ASIC request email] the wrong address for Freedom of Information
requests to Australian Securities and Investments Commission? If so,
please contact us using this form:
[2]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:
[3]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.
-------------------------------------------------------------------
Please consider the environment before printing this document
Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.
NOTICE
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.
References
Visible links
1. mailto:[email address]
2. https://www.righttoknow.org.au/change_re...
3. https://www.righttoknow.org.au/help/offi...
Dear Mr Sweeney
Please find attached our decision in relation to your recent FOI request.
Kind regards
Therese
Therese Brabet | Lawyer | Investment Managers and Superannuation | ASIC |
' 61 3 9280 4652 | 7 61 3 9280 3266 | * [1][email address]
----- Forwarded by Therese Brabet/Melbourne/VIC/ASIC on 13/10/2016 12:27
PM -----
From: Therese Brabet/Melbourne/VIC/ASIC
To: [FOI #2131 email],
Date: 02/09/2016 03:29 PM
Subject: Fw: Freedom of Information request - Correspondence with
Senator Williams (Treat as In Confidence) [DLM=Sensitive]
--------------------------------------------------------------------------
Dear Mr Sweeney
In relation to your recent FOI request, please find attached a letter
advising of our consultation with an affected third party.
[attachment "20160902 Letter to FOI applicant advising of consultation
with affected third party.pdf" deleted by Therese
Brabet/Melbourne/VIC/ASIC]
Kind regards
Therese
Therese Brabet | Lawyer | Investment Managers and Superannuation | ASIC |
' 61 3 9280 4652 | 7 61 3 9280 3266 | * [2][email address]
From: Phillip Sweeney
<[FOI #2131 email]>
To: FOI requests at ASIC <[ASIC request email]>,
Date: 17/08/2016 08:06 AM
Subject: Freedom of Information request - Correspondence with
Senator Williams
--------------------------------------------------------------------------
Dear Australian Securities and Investments Commission,
Senator John Williams is the Chair of a Senate Committee investigating the
non-payment or delayed payment of life insurance benefits.
Life insurance coverage can be obtained either directly from a life
insurance company or via a superannuation fund.
The terms of reference of this Senate inquiry have been expanded to cover
both.
In recent years Senator Williams has made inquiries to ASIC on behalf of a
number of persons who have a beneficial interest in an occupational
pension scheme established by a Trust Deed dated 23 December 1913. This
scheme has more recently been known as the Foster's Group Superannuation
Fund and the AusBev Superannuation Fund. On the 20 January 2014 a
subsidiary company of the National Australia Bank (NAB) gained control of
the Trust Estate of this pension scheme.
Representations have been made that this scheme is now a "sub-plan" of the
Plum Superannuation Fund and more recently a "sub-plan" of the MLC
Superannuation Fund.
The documents I seek are copies of the letters or emails sent to ASIC by
Senator Williams or his staff in relation to the administration and
documents associated with this superannuation fund as well as copies of
the responses provided by ASIC to Senator Williams or his office staff.
One of the topics covered in this correspondence is the concealment of
Deeds of the Fund from current and former members of the fund as well as
from "beneficiaries" by current and former trustees or purported trustees.
The search period is from 1 January 2012 to the present.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #2131 email]
Is [ASIC request email] the wrong address for Freedom of Information
requests to Australian Securities and Investments Commission? If so,
please contact us using this form:
[3]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:
[4]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.
-------------------------------------------------------------------
Please consider the environment before printing this document
Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.
NOTICE
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.righttoknow.org.au/change_re...
4. https://www.righttoknow.org.au/help/offi...
Dear Australian Securities and Investments Commission,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Securities and Investments Commission's handling of my FOI request 'Correspondence with Senator Williams'.
The grounds for the internal review is to have the names and personal details of third parties redacted before the release of the documents listed on page 6 - Schedule of Documents.
This will overcome the objections that are the current grounds for not releasing these documents.
Also the reason of "no public purpose would be achieved through release" has not been substantiated.
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
Dear Mr Sweeney
I refer to your request for an internal review of the above decision, as
received by email on 13 October 2016.
I am conducting the review. I note your request to have the names and
personal details of the third parties redacted before the release of the
documents listed on page 6- schedule of documents.
Having considered the documents my preliminary view is this request may
be appropriate. Accordingly I will undertake this exercise and be in a
position to provide the documents to you in redacted form in the next 7
days.
In terms of the second basis for the review the reason of the " no public
purpose would be achieved through release" has not been substantiated", I
will consider this further and provide a decision and reasons as to
whether the public purpose test is satisfied.
I trust this is of assistance. Please contact me on 9 280 3308 should you
wish to discus these issues further.
regards
Elizabeth Lee| Senior Lawyer– Administrative Law Team | Chief Legal Office
| Australian Securities & Investments Commission | ' + 61 3 9280 3308 |
7 + 61 3 9280 3545 | [email address]
Please consider the environment before printing this document
Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.
NOTICE
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.
Dear Elizabeth Lee,
Thank you for this reply. Redacting the names and personal details of third parties will resolve any privacy concerns.
As to the public interest test, correspondence with Members of Parliament and Senators should generally be in the public interest unless matters of national security are involved.
Members of Parliament and Senators make a choice to be in the public eye.
I do not believe that any correspondence with Senator Williams would involve such material since Senator Williams is not a Minister nor a Minister of Defence where such national security matters could arise
Yours sincerely,
Phillip Sweeney