Australia's Worst White-Collar Crime

Phillip Sweeney made this Freedom of Information request to Australian Securities and Investments Commission

Australian Securities and Investments Commission did not have the information requested.

From: Phillip Sweeney

Delivered

Dear Australian Securities and Investments Commission,

Dear Australian Securities and Investments Commission,

I am writing to lodge a request for documents pursuant the Freedom of Information Act 1982.

Background

One of the oldest "superannuation trusts" established in Australia that was not established by a government or by a financial institution is an occupation pension fund established on 23 December 1913 by the company then known as Elder, Smith & Co Limited in South Australia.

The terms of this occupational pension trust were amended by the Elder Smith & Co Provident Funds Act 1963 (SA) as a result of the Holding Company Elder Smith Goldsbrough Mort Limited acquiring the South Australian company Elder, Smith & Co Limited and the Victorian company Goldsbrough, Mort & Co Limited.

In 1982 the name of Elder Smith Goldsbrough Mort Ltd was changed to Elders IXL Limited and during the 1980's Elders IXL Limited became Australian's largest company by sales revenue.

The fund administered under this trust has been known by several names including The Provident Fund, the Elders IXL Superannuation Fund and more recently as the AusBev Superannuation Fund (ABN 60 171 679 448)

The Documents the Applicant Seeks

The Applicants seeks copies of any Correspondence between the Chairman of ASIC, Greg Medcraft, or any other ASIC Officer, and Dr Martin Parkinson, the incumbent Secretary of the Treasury in relation to allegations made against the purported Trustee, CCSL Limited (or other purported Trustees, including Elders Superannuation Ltd) and/or the superannuation fund recently known as the "AusBev Superannuation Fund" {and previously known as the Elders IXL Superannuation fund and before that The Provident Fund}.

The documents would include any explanation provided to Dr Parkinson as to why ASIC has not conducted a thorough investigation as a result of these allegations, which include the non-payment of survivorship pensions to widows of qualifying male members of the fund that was established as an occupational pension trust on 23 December 1913 in the State of South Australia.

The documents might also include a mention of a purported "successor fund transfer" to the "Plum Superannuation Fund" which is administered by PFS Nominees Pty Ltd, which is a subsidiary company of the National Australia Bank.

Can you please confirm receipt of this application in accordance with the provisions of the FOI Act.

Yours faithfully,

Phillip Sweeney

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From: Andrew Duffy
Australian Securities and Investments Commission


Attachment 1464 001.pdf
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Mr Sweeney,

I attach below our letter acknowledging your request.

regards,
Andrew Duffy | Lawyer | Investment Managers and Superannuation | ASIC |
Level 8, 100 Market Street Sydney, NSW 2000 | P 61 2 9911 2697  | F 61 2
9911 2414  | [email address]

Please consider the environment before printing this document

 

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

 

 NOTICE

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authorisation. If you are not the intended recipient please contact the
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Link to this

From: Andrew Duffy
Australian Securities and Investments Commission


Attachment 1470 001.pdf
86K Download View as HTML


Mr Sweeney,

I attach below our decision letter in relation to your request.

regards,
Andrew Duffy | Lawyer | Investment Managers and Superannuation | ASIC |
Level 8, 100 Market Street Sydney, NSW 2000 | P 61 2 9911 2697  | F 61 2
9911 2414  | [email address]

Please consider the environment before printing this document

 

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

 

 NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

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