COVID-19 Related FIO Request: Request for Documents Lodged by a Trustee
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.
Dear Superannuation Complaints Tribunal,
On the 6 May 2008 Fiona Power issued a Notice Under Section 22(4) to Margaret O'Halloran, Fund Secretary and to myself.
Subsection 14(6) of the SRC Act provides:
(6) The Tribunal cannot deal with a complaint under this section that relates to the management of a fund as a whole.
I had alleged that I suspected that invalid changes {amendments} had been made to the original Trust Deed as confirmed by a file note dated 7 February 2008, which if true would relate "to the management of a fund as a whole".
The SCT had previously issued Ms O'Halloran with a Notice under Section 17 to produce a copy of the "Trust Deed" and relevant amendments executed up until mid-Octpber 2006 when a release event occurred.
When I lodged my complaint with the SCT in late 2007 the purported trustee had not provided me with copies of the "Trust Deed" nor copies of any amending Deeds. Therefore I could not substantiate my allegation of suspected invalid amending Deeds.
With the assistance of the Attorney-General's Department of South Australia, I now have possession of copies of the genuine Deeds.
The documents I seek are a copy of the documents represented as the "Trust Deed" by Ms O'Halloran and any other documents provided to the SCT in response to the Notice under Section 17 the complaint I lodged with the SCT in late 2007
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney
I refer to your below email to the Superannuation Complaints Tribunal. I acknowledge receipt of your email as a request for access to documents under the Freedom of Information Act 1982 (FOI Act).
Your request is for:
"... a copy of the documents represented as the "Trust Deed" by Ms O'Halloran and any other documents provided to the SCT in response to the Notice under Section 17 the complaint I lodged with the SCT in late 2007".
For the purposes of this request, your complaint lodged with the SCT in late 2007 is taken to be the complaint with the SCT file reference 07-0222.
TIMEFRAME
The Tribunal received your request on 28 July 2020.
As your request covers documents which contain information concerning the business, commercial or financial affairs of an organisation, the Tribunal is required to consult with the organisation concerned under s 27 of the FOI Act before making a decision on the release of those documents.
For this reason the period for processing your request has been extended by thirty (30) days in order to allow our agency time to consult with that person or organisation. The total processing time for your request is therefore sixty (60) days from the day after we received your request.
CONSULTATION
The consultation mechanism under section 27 applies when we believe the organisation concerned may wish to contend that the requested documents are exempt because their release would disclose trade secrets or commercially valuable information or may adversely affect their business or financial affairs. We will take into account any comments we receive from the organisation but the final decision about whether to grant you access to the documents you requested rests with the Tribunal.
The Tribunal will not disclose your identity to a third party unless you consent to this disclosure being made.
No processing charge will apply to this request.
We will contact you using the email address you provided.
If you have any questions please contact me by reply email.
Yours sincerely
Eva Karakostas
FOI Officer
Superannuation Complaints Tribunal
Dear Mr Sweeney
I refer to your recent FOI requests to the SCT dated 28 July 2020 and 31 July 2020.
On 2 October 2009, you made an FOI request to the SCT in relation to your complaint 07-02222. Your request was for documents that included:
- a copy of the superannuation trust deed provided to the SCT by the Trustee; and
- a copy of any other correspondence from the Trustee to the SCT; and
- documents prepared by the SCT in relation to your complaint.
After receiving payment of your FOI processing fee, these documents were posted to your residential address with a cover letter dated 3 December 2009.
Your recent FOI requests to the SCT dated 28 July 2020 and 31 July 2020 cover the same documents as your earlier request dated 2 October 2009, to which you were granted access and a copy of the documents provided to you.
Accordingly, it is considered that your requests have been finalised as fully satisfied.
Kind regards
Eva Karakostas
FOI Officer
SCT