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APRA and NULIS

We're waiting for Phillip Sweeney to read a recent response and update the status.

Dear Australian Prudential Regulation Authority,

The documents I seek are copies of any correspondence between APRA and NULIS Nominees (Aust) Ltd the trustee of the MLC Super Fund.

The search period is from 1 April 2021 to the date that APRA responds to this FOI request

Yours faithfully,

Phillip Sweeney

Freedom of Information, Australian Prudential Regulation Authority

Dear Mr Sweeney,

I acknowledge receipt of your FOI request dated 17 July 2021. We are processing your request and will respond soon.

Regards,

FOI OFFICER
T 02 9210 3000 | E [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 www.apra.gov.au

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Freedom of Information, Australian Prudential Regulation Authority

Dear Mr Sweeney,

APRA is currently considering your FOI request.

To enable APRA to effectively process your request and provide you with a timely response, APRA recommends that you refine the scope of your request. This is because APRA’s initial view is that the scope of your FOI request is very broad.

Some ways in which you might refine the scope of your request include (but are not limited to):

a.providing more details about what correspondence between APRA and NULIS Nominees (Aust) Ltd you are interested in, if this is known to you; and
b.narrowing the timeframe you originally suggested; and
c.specifying known authors of the documents if possible.

Action required:

Please provide a response by COB 30 July 2021 as to whether you are agreeable to refining the scope of your request and indicating how you intend to do so.

Kind regards,

FOI OFFICER
T 02 9210 3000 | E [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 www.apra.gov.au

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Dear Freedom of Information,

The correspondence would be in relation to the Defined Benefit sub-funds administered by NULIS and Trust Deeds and/or amending Deeds associated with these Defined Benefit sub-funds.

Yours sincerely,

Phillip Sweeney

Dear Freedom of Information,

The scope of the request relates to correspondence associated with the Defined Benefit fund/plans/subfunds administered ny NULIS Nominees (Aust) Ltd

Yours sincerely,

Phillip Sweeney

Freedom of Information, Australian Prudential Regulation Authority

Dear Mr Sweeney,

Thank you for your email. We are considering your revised request and will respond soon.

Regards,

FOI OFFICER
T 02 9210 3000 | E [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 www.apra.gov.au

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Freedom of Information, Australian Prudential Regulation Authority

1 Attachment

Dear Mr Sweeney,

Please find attached APRA's Notice of Decision dated 13 August 2021.

Regards,

FOI OFFICER
T 02 9210 3000 | E [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 www.apra.gov.au

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Dear Australian Prudential Regulation Authority,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of the Australian Prudential Regulation Authority's handling of my FOI request 'APRA and NULIS'.

The correspondence that has been identified relates to Australia's Largest Superannuation Fraud as well as a Fraud Against the Commonwealth of Australia where fraudulent documents were lodged with APRA in 2006 in order to obtain Fund Registration for an occupational pension scheme established by a Trust Deed made on the 23 December 1913 in the State of South Australia.

This is a very simple fraud - the original Trust Deed was concealed from APRA and a doctored document printed on 30 March 2006 which had not been executed was represented to APRA as the "Trust Deed" of the fund. APRA has recently obtained an executed version of this purported "Trust Deed" printed on 29 March 2006 which makes reference to the 1913 Trust Deed which had not been lodged with APRA in 2006.

The genuine Trust Deed provide a life pension for male fund members as well as a survivorship pension for their widows. The doctored document purported to provide a token lump sum benefit typically only worth 20-25% of the life pension entitlement.

There were multiple contraventions of the Criminal Code Act 1995 {Cth} related to both fund registration and granting a RSE licence to a purported Trustee who had not been lawfully appointed to the office of Trustee.

This occupational pension scheme has been known by many names and NULIS Nominees (Aust) Ltd has administered this Defined Benefit scheme since 1 July 2016 (under the name Carlton and United Breweries Superannuation Plan).

It is a matter of public interest that APRA is now aware of these contraventions under Chapter 7 -- The proper administration of Government.

Failure to release copies of documents related to contraventions related to the proper administration of Government will be confirmation that APRA is attempting to cover-up these contraventions of the Criminal Code Act 1995 so as to "do a friend a favour" (ie friends at NULIS).

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...

Yours faithfully,

Phillip Sweeney

Freedom of Information, Australian Prudential Regulation Authority

Dear Mr Sweeney,

I acknowledge receipt of your FOI Internal Review request dated 19 August 2021. We are processing your request and will respond soon.

Regards,

FOI OFFICER
T 02 9210 3000 | E [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 www.apra.gov.au

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Freedom of Information, Australian Prudential Regulation Authority

1 Attachment

Dear Mr Sweeney,

Please find attached APRA’s Internal Review Notice of Decision dated 7 September 2021.

Kind regards,

FOI OFFICER
T 02 9210 3000 | E [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 www.apra.gov.au

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We don't know whether the most recent response to this request contains information or not – if you are Phillip Sweeney please sign in and let everyone know.