Advice from APRA to contact ASIC

Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority

Currently waiting for a response from Australian Prudential Regulation Authority, they must respond promptly and normally no later than (details).

From: Phillip Sweeney

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Dear Australian Prudential Regulation Authority,

In late 2007 I lodged a complaint with the SCT and at the time I was unsure of the jurisdiction of the SCT, APRA and ASIC.

In early 2007 I had requested access to the Deeds of this superannuation fund and I had received no response from the purported trustee for nearly a year.

I, therefore, suspected that there may have been invalid amendments {changes} to the deeds of this Defined Benefit fund that disadvantaged the membership.

Note: In 2007 I did not know that it was a criminal offence to conceal the deeds of a regulated superannuation fund from fund members and beneficiaries.

If my complaint had been that I was concerned that a "mistake" has been made in the determination on my Final Average Salary {FAS} then the SCT had jurisdiction to deal with a complaint that affected only one fund member.

Section 14(6) of the SRC Act states:

"(6) The Tribunal cannot deal with a complaint under this section that relates to the management of a fund as a whole."

If there had been invalid amending Deeds executed then this would have affected all fund members and therefore would relate to "the management of the fund as a whole".

I was advised in a phone call from Phil McGrath on 7 February 2008 that APRA was the appropriate body to deal with changes to Deeds that disadvantage the membership.

The SCT then withdrew my complaint on 6 May 2008 under Section 22(4) because of lack of jurisdiction.

The SCT made no ruling on my Final Average Salary {FAS}.

Sometime after 7 February 2008 {but before 31 March 2009} I contacted APRA on the advice of Phil McGrath and advised APRA on my difficulties on gaining access to the original Trust Deed and valid amending Deeds.

APRA then advised me that the appropriate agency to deal with a complaint about access to the deeds of a regulated superannuation fund was ASIC

Note: The relevant legislation is subsection 1017C(5) of the Corporations Act 2001 and related Regulations which is administered by ASIC and not APRA.

The document I seek is a copy of the letter from APRA advising me to contact ASIC with respect to my concerns about gaining access to the deeds of the superannuation scheme then known as the Foster's Group Superannuation Fund.

I followed the advice from APRA and contacted ASIC on 31 March 2009.

Yours faithfully,

Phillip Sweeney

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From: Freedom of Information
Australian Prudential Regulation Authority


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Dear Mr Sweeney,

 

I acknowledge receipt of your FOI request dated 31 July 2020. We are
processing your request and will respond soon.

 

Regards,

 

FOI OFFICER

T 02 9210 3000 | E [1][APRA request email]

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au

[3]Title: Australian Coat of Arms and APRA logo

 

 

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