Jurisdiction of the Commonwealth Ombudsman
Phillip Sweeney made this Freedom of Information request to Commonwealth Ombudsman
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Commonwealth Ombudsman,
Section 5 of the Ombudsman Act 1976 (Cth) provides:
(1) Subject to this Act, the Ombudsman:
(a) shall investigate action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department, or by a prescribed authority, and in respect of which a complaint has been made to the Ombudsman;
The document or documents I seek are any documents in the possession of the Ombudsman that would confirm that the Ombudsman has jurisdiction to investigate action by a natural person trustee or a corporate trustee of a regulated superannuation fund.
That is to investigate the conduct or misconduct of a natural person trustee or a corporate trustee of a regulated superannuation fund where the trustee is not a "Department or a Prescribed authority".
More specifically whether the Ombudsman has jurisdiction to investigate allegations of a breach of trust or a breach of fiduciary duty by such a trustee or purported trustee.
Yours faithfully,
Phillip Sweeney
Our ref: FOI-2018-50105
Dear Mr Sweeney
I acknowledge your correspondence dated 22 June 2018, received by the
Ombudsman’s office that same day, in which you have requested access to
the following document(s) from our Office under the Freedom of Information
Act 1982:
‘The document or documents I seek are any documents in the possession of
the Ombudsman that would confirm that the Ombudsman has jurisdiction to
investigate action by a natural person trustee or a corporate trustee of a
regulated superannuation fund.
That is to investigate the conduct or misconduct of a natural person
trustee or a corporate trustee of a regulated superannuation fund where
the trustee is not a "Department or a Prescribed authority".
More specifically whether the Ombudsman has jurisdiction to investigate
allegations of a breach of trust or a breach of fiduciary duty by such a
trustee or purported trustee.’
There may be multiple identical copies of some documents on our files.
Unless you advise us you wish to receive multiple copies, we will only
consider and make a decision on one copy of each identical document.
You should expect a decision from us within 30 days of the date we
received your request. This 30 day period may be extended if we need to
consult third parties, impose a charge or for other reasons. We will
advise you if this happens.
If you have any questions, you may contact me using the contact details
above.
Yours sincerely
Jessica Phillips
Legal Officer
Legal Team
Commonwealth Ombudsman
p : 1300 362 072 | f : 02 6276 0123
e : [1][CO request email]
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
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Our ref: FOI-2018-50105
Dear Mr Sweeney,
Please find attached my decision letter in response to your Freedom of
Information request of 22 June 2018.
Yours sincerely
Jessica Phillips
Legal Officer
Legal Team
Commonwealth Ombudsman
p : 1300 362 072 | f : 02 6276 0123
e : [1][CO request email]
[2]Ombudsman_logo (A360342)
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
---------------------------------------------------------------------
COMMONWEALTH OMBUDSMAN - IMPORTANT CONFIDENTIALITY NOTICE
This e-mail message or an attachment to it is confidential, and it is
intended to be accessed only by the person or entity to which it is
addressed.
No use, copying or disclosure (including by further transmission) of this
message, an attachment or the content of either is permitted and any use,
copying or disclosure may be subject to legal sanctions. This message may
contain information which is:
* about an identifiable individual;
* subject to client legal privilege or other privilege; or
* subject to a statutory or other requirement of confidentiality.
If you have received this message in error, please call 1300 362 072 to
inform the sender so that future errors can be avoided.
---------------------------------------------------------------------
References
Visible links
1. mailto:[CO request email]