Correspondence with Senator Williams

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

The request was successful.

From: Phillip Sweeney

Delivered

Dear Australian Securities and Investments Commission,

Senator John Williams is the Chair of a Senate Committee investigating the non-payment or delayed payment of life insurance benefits.

Life insurance coverage can be obtained either directly from a life insurance company or via a superannuation fund.

The terms of reference of this Senate inquiry have been expanded to cover both.

In recent years Senator Williams has made inquiries to ASIC on behalf of a number of persons who have a beneficial interest in an occupational pension scheme established by a Trust Deed dated 23 December 1913. This scheme has more recently been known as the Foster's Group Superannuation Fund and the AusBev Superannuation Fund. On the 20 January 2014 a subsidiary company of the National Australia Bank (NAB) gained control of the Trust Estate of this pension scheme.

Representations have been made that this scheme is now a "sub-plan" of the Plum Superannuation Fund and more recently a "sub-plan" of the MLC Superannuation Fund.

The documents I seek are copies of the letters or emails sent to ASIC by Senator Williams or his staff in relation to the administration and documents associated with this superannuation fund as well as copies of the responses provided by ASIC to Senator Williams or his office staff.

One of the topics covered in this correspondence is the concealment of Deeds of the Fund from current and former members of the fund as well as from "beneficiaries" by current and former trustees or purported trustees.

The search period is from 1 January 2012 to the present.

Yours faithfully,

Phillip Sweeney

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From: Therese Brabet
Australian Securities and Investments Commission


Attachment 20160823 Sweeney FOI acknowledgment ltr.pdf
98K Download View as HTML


Dear Mr Sweeney

I attach a letter acknowledging receipt of your FOI request below.

Please contact me if you have any questions,

Kind regards

Therese
 

Therese Brabet | Lawyer | Investment Managers and Superannuation | ASIC |
' 61 3 9280 4652 | 7 61 3 9280 3266 | * [1][email address]

From:        Phillip Sweeney
<[FOI #2131 email]>
To:        FOI requests at ASIC <[ASIC request email]>,
Date:        17/08/2016 08:06 AM
Subject:        Freedom of Information request - Correspondence with
Senator Williams

--------------------------------------------------------------------------

Dear Australian Securities and Investments Commission,

Senator John Williams is the Chair of a Senate Committee investigating the
non-payment or delayed payment of life insurance benefits.

Life insurance coverage can be obtained either directly from a life
insurance company or via a superannuation fund.

The terms of reference of this Senate inquiry have been expanded to cover
both.

In recent years Senator Williams has made inquiries to ASIC on behalf of a
number of persons who have a beneficial interest in an occupational
pension scheme established by a Trust Deed dated 23 December 1913. This
scheme has more recently been known as the Foster's Group Superannuation
Fund and the AusBev Superannuation Fund. On the 20 January 2014 a
subsidiary company of the National Australia Bank (NAB) gained control of
the Trust Estate of this pension scheme.

Representations have been made that this scheme is now a "sub-plan" of the
Plum Superannuation Fund and more recently a "sub-plan" of the MLC
Superannuation Fund.

The documents I seek are copies of the letters or emails sent to ASIC by
Senator Williams or his staff in relation to the administration and
documents associated with this superannuation fund as well as copies of
the responses provided by ASIC to Senator Williams or his office staff.

One of the topics covered in this correspondence is the concealment of
Deeds of the Fund from current and former members of the fund as well as
from "beneficiaries" by current and former trustees or purported trustees.

The search period is from 1 January 2012 to the present.

Yours faithfully,

Phillip Sweeney

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #2131 email]

Is [ASIC request email] the wrong address for Freedom of Information
requests to Australian Securities and Investments Commission? If so,
please contact us using this form:
[2]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[3]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

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From: Therese Brabet
Australian Securities and Investments Commission


Attachment 20160902 Letter to FOI applicant advising of consultation with affected third party.pdf
88K Download View as HTML


Dear Mr Sweeney

In relation to your recent FOI request, please find attached a letter
advising of our consultation with an affected third party.

Kind regards

Therese

Therese Brabet | Lawyer | Investment Managers and Superannuation | ASIC |
' 61 3 9280 4652 | 7 61 3 9280 3266 | * [1][email address]

From:        Phillip Sweeney
<[FOI #2131 email]>
To:        FOI requests at ASIC <[ASIC request email]>,
Date:        17/08/2016 08:06 AM
Subject:        Freedom of Information request - Correspondence with
Senator Williams

--------------------------------------------------------------------------

Dear Australian Securities and Investments Commission,

Senator John Williams is the Chair of a Senate Committee investigating the
non-payment or delayed payment of life insurance benefits.

Life insurance coverage can be obtained either directly from a life
insurance company or via a superannuation fund.

The terms of reference of this Senate inquiry have been expanded to cover
both.

In recent years Senator Williams has made inquiries to ASIC on behalf of a
number of persons who have a beneficial interest in an occupational
pension scheme established by a Trust Deed dated 23 December 1913. This
scheme has more recently been known as the Foster's Group Superannuation
Fund and the AusBev Superannuation Fund. On the 20 January 2014 a
subsidiary company of the National Australia Bank (NAB) gained control of
the Trust Estate of this pension scheme.

Representations have been made that this scheme is now a "sub-plan" of the
Plum Superannuation Fund and more recently a "sub-plan" of the MLC
Superannuation Fund.

The documents I seek are copies of the letters or emails sent to ASIC by
Senator Williams or his staff in relation to the administration and
documents associated with this superannuation fund as well as copies of
the responses provided by ASIC to Senator Williams or his office staff.

One of the topics covered in this correspondence is the concealment of
Deeds of the Fund from current and former members of the fund as well as
from "beneficiaries" by current and former trustees or purported trustees.

The search period is from 1 January 2012 to the present.

Yours faithfully,

Phillip Sweeney

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #2131 email]

Is [ASIC request email] the wrong address for Freedom of Information
requests to Australian Securities and Investments Commission? If so,
please contact us using this form:
[2]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[3]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Link to this

From: Therese Brabet
Australian Securities and Investments Commission


Attachment 20161013 Sweeney FOI decision ltr.pdf
343K Download View as HTML


Dear Mr Sweeney

Please find attached our decision in relation to your recent FOI request.

Kind regards

Therese

Therese Brabet | Lawyer | Investment Managers and Superannuation | ASIC |
' 61 3 9280 4652 | 7 61 3 9280 3266 | * [1][email address]

show quoted sections

Link to this

From: Phillip Sweeney

Delivered

Dear Australian Securities and Investments Commission,

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

I am writing to request an internal review of Australian Securities and Investments Commission's handling of my FOI request 'Correspondence with Senator Williams'.

The grounds for the internal review is to have the names and personal details of third parties redacted before the release of the documents listed on page 6 - Schedule of Documents.

This will overcome the objections that are the current grounds for not releasing these documents.

Also the reason of "no public purpose would be achieved through release" has not been substantiated.

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

Yours faithfully,

Phillip Sweeney

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From: Elizabeth Lee
Australian Securities and Investments Commission

Dear Mr Sweeney

I refer to your request for an internal review of the above decision, as
received by email on 13 October 2016.

I am conducting the review. I note your request to have the names and
personal details of the third parties redacted  before the release of the
documents listed on page 6- schedule of documents.

Having considered the documents my preliminary view is  this request may
be appropriate. Accordingly I will undertake this exercise and be in a
position to provide the documents to you in redacted form in the next 7
days.

In terms of the second basis for the review  the reason of the " no public
purpose would be achieved through release" has not been substantiated", I
will consider this further and provide  a decision and reasons as to
whether the public purpose test is satisfied.

I trust this is of assistance. Please contact me on 9 280 3308 should you
wish to discus these issues further.

regards

Elizabeth Lee| Senior Lawyer– Administrative Law Team | Chief Legal Office
| Australian Securities & Investments Commission | ' + 61 3 9280 3308 |
7 + 61 3 9280 3545 | [email address]

   

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From: Phillip Sweeney

Delivered

Dear Elizabeth Lee,

Thank you for this reply. Redacting the names and personal details of third parties will resolve any privacy concerns.

As to the public interest test, correspondence with Members of Parliament and Senators should generally be in the public interest unless matters of national security are involved.

Members of Parliament and Senators make a choice to be in the public eye.

I do not believe that any correspondence with Senator Williams would involve such material since Senator Williams is not a Minister nor a Minister of Defence where such national security matters could arise

Yours sincerely,

Phillip Sweeney

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