Dear Australian Prudential Regulation Authority,

The common law offence of Misprision of Felon has been abolished in the State of New South Wales (NSW) and has been replaced with Section 316 of the Crimes Act 1990 (NSW).

Subsection 316(1) provides:

316 Concealing serious indictable offence
(1) If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.

The Chairman of APRA, Mr Wayne Byres, is domicile in NSW and has become privy to a serious indictable offence committed by a major financial institution. This financial institution has its registered office in NSW and some of the victims are domicile in NSW.

The serious indictable offence is related to the administration and regulatory supervision of a regulated superannuation fund which was established in 1913.

The document or documents I seek are copies of any disclosure document where the Chairman of APRA, or any other APRA officer, has brought information concerning any serious indictable offence involving a major financial institution with a registered office in NSW to the attention of a member of the Australian Federal Police.

The search period is 1 July 2016 to the present.

The name of the financial institution and the names of any alleged offenders may be redacted in the FOI response.

Yours faithfully,

Phillip Sweeney