Appearing as a witness to the Royal Commission

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.

Response to this request is long overdue. By law, under all circumstances, Superannuation Complaints Tribunal should have responded by now (details). You can complain by requesting an internal review.

Phillip Sweeney

Dear Superannuation Complaints Tribunal,

The document I seek is a notice seeking leave to appear as a witness before the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

If such a document does not exist then the document I seek is a copy of a summons from the Royal Commission pursuant to Section 2 of the Royal Commission Act 1902 for one or more Tribunal Members to appear as witnesses before the Royal Commission.

Yours faithfully,

Phillip Sweeney

Eva Karakostas,

I am out of the office until 12/03/2018.
 
I am on leave until Monday 12th March 2018.  I will respond to your query
when I return.  For urgent matters please send your email to
[email address]
 
 
 
Note: This is an automated response to your message "Freedom of
Information request - Appearing as a witness to the Royal Commission" sent
on 10/03/2018 11:59:56 PM.
 
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Eva Karakostas,

Dear Mr Sweeney

Freedom of Information Request

I acknowledge receipt of your request for documents under the Freedom of
Information Act 1982 (FOI Act).

The purpose of this correspondence is to give you a decision about access
to the documents that you request.  

Your request

In your email to the Superannuation Complaints Tribunal (the Tribunal)
below, you request access to the following documents:

"...a  notice seeking leave to appear as a witness before the Royal
Commission into Misconduct in the Banking, Superannuation and Financial
Services Industry.

If such a document does not exist then the document I seek is a copy of a
summons from the Royal Commission pursuant to Section 2 of the Royal
Commission Act 1902 for one or more Tribunal Members to appear as
witnesses before the Royal Commission. covering letter or email to the
Australian Federal Police confirming that certain evidence has been
provided to the Australian Federal Police."

Decision

I am an officer authorised under section 23 of the FOI Act to make
decisions in respect of requests to access documents.

My decision is to refuse access under section 24A(1) of the FOI Act, on
the grounds that all reasonable steps have been taken to find the
documents and I am satisfied that the documents requested do not exist.

As the requested documents do not exist, I am refusing your request for
access.

Your review rights

Under the FOI Act you have a right to seek review of this FOI decision.

Under Part VI of the FOI Act you may seek an internal review of the
decision.  An internal review is conducted by a different FOI authorised
officer within the Tribunal.  An application for internal review must be
in writing and must be made within 30 days, or such further period as the
Tribunal allows, after the day the decision is notified.

Alternatively, under Part VII of the FOI Act, you may seek a review of the
decision by the Office of the Australian Information Commissioner (OAIC).
 The OAIC conducts a merits review to determine the correct or preferable
decision in the circumstances.  Such application in relation to an access
refusal decisions must be made within 60 days after the day notice of the
decision was given.

Also, under Part VIIIB of the FOI Act, you have the right to make a
complaint, in writing, to the Australian Information Commissioner about
any action taken by the Tribunal in the performance of functions, or the
exercise of powers, under the FOI Act.

Further information about these rights is contained in Parts 9, 10 and 11
of the FOI Guidelines, available on the Australian Information
Commissioner’s website at [1]www.oaic.gov.au/publications/guidelines.

Please contact me by email if you require further assistance.

Yours sincerely

Eva Karakostas
FOI Officer
Superannuation Complaints Tribunal

From:        Phillip Sweeney
<[FOI #4430 email]>
To:        FOI requests at SCT <[SCT request email]>,
Date:        11/03/2018 12:00 AM
Subject:        Freedom of Information request - Appearing as a witness to
the Royal Commission

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Dear Superannuation Complaints Tribunal,

The document I seek is a notice seeking leave to appear as a witness
before the Royal Commission into Misconduct in the Banking, Superannuation
and Financial Services Industry.

If such a document does not exist then the document I seek is a copy of a
summons from the Royal Commission pursuant to Section 2 of the Royal
Commission Act 1902 for one or more Tribunal Members to appear as
witnesses before the Royal Commission.

Yours faithfully,

Phillip Sweeney

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