Disclosure to AFP pursuant s316 of the Crimes Act 1900 (NSW) - APRA
Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Prudential Regulation Authority,
The common law offence of Misprision of Felon has been abolished in the State of New South Wales (NSW) and has been replaced with Section 316 of the Crimes Act 1990 (NSW).
Subsection 316(1) provides:
316 Concealing serious indictable offence
(1) If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.
The Chairman of APRA, Mr Wayne Byres, is domicile in NSW and has become privy to a serious indictable offence committed by a major financial institution. This financial institution has its registered office in NSW and some of the victims are domicile in NSW.
The serious indictable offence is related to the administration and regulatory supervision of a regulated superannuation fund which was established in 1913.
The document or documents I seek are copies of any disclosure document where the Chairman of APRA, or any other APRA officer, has brought information concerning any serious indictable offence involving a major financial institution with a registered office in NSW to the attention of a member of the Australian Federal Police.
The search period is 1 July 2016 to the present.
The name of the financial institution and the names of any alleged offenders may be redacted in the FOI response.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney
I acknowledge your FOI request as set out below. We are processing your request and will respond to you soon.
Kind regards
APRA FOI Officer
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
-----Original Message-----
From: Phillip Sweeney [mailto:[FOI #3417 email]]
Sent: Sunday, 16 April 2017 7:54 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Disclosure to AFP pursuant s316 of the Crimes Act 1900 (NSW) - APRA
Dear Australian Prudential Regulation Authority,
The common law offence of Misprision of Felon has been abolished in the State of New South Wales (NSW) and has been replaced with Section 316 of the Crimes Act 1990 (NSW).
Subsection 316(1) provides:
316 Concealing serious indictable offence
(1) If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.
The Chairman of APRA, Mr Wayne Byres, is domicile in NSW and has become privy to a serious indictable offence committed by a major financial institution. This financial institution has its registered office in NSW and some of the victims are domicile in NSW.
The serious indictable offence is related to the administration and regulatory supervision of a regulated superannuation fund which was established in 1913.
The document or documents I seek are copies of any disclosure document where the Chairman of APRA, or any other APRA officer, has brought information concerning any serious indictable offence involving a major financial institution with a registered office in NSW to the attention of a member of the Australian Federal Police.
The search period is 1 July 2016 to the present.
The name of the financial institution and the names of any alleged offenders may be redacted in the FOI response.
Yours faithfully,
Phillip Sweeney
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[FOI #3417 email]
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If you have received this e-mail in error or are aware that you are not authorised to have it, you MUST NOT use or copy it, or disclose its contents to any person. If you do any of these things, you may be sued or prosecuted.
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Dear Mr Sweeney
Please find attached, APRA's Notice of Decision dated 3 May 2017.
Kind regards
APRA FOI Officer
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
-----Original Message-----
From: Freedom of Information
Sent: Wednesday, 19 April 2017 10:05 AM
To: Phillip Sweeney <[FOI #3417 email]>
Subject: RE: Freedom of Information request - Disclosure to AFP pursuant s316 of the Crimes Act 1900 (NSW) - APRA [SEC=UNCLASSIFIED]
Dear Mr Sweeney
I acknowledge your FOI request as set out below. We are processing your request and will respond to you soon.
Kind regards
APRA FOI Officer
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
-----Original Message-----
From: Phillip Sweeney [mailto:[FOI #3417 email]]
Sent: Sunday, 16 April 2017 7:54 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Disclosure to AFP pursuant s316 of the Crimes Act 1900 (NSW) - APRA
Dear Australian Prudential Regulation Authority,
The common law offence of Misprision of Felon has been abolished in the State of New South Wales (NSW) and has been replaced with Section 316 of the Crimes Act 1990 (NSW).
Subsection 316(1) provides:
316 Concealing serious indictable offence
(1) If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.
The Chairman of APRA, Mr Wayne Byres, is domicile in NSW and has become privy to a serious indictable offence committed by a major financial institution. This financial institution has its registered office in NSW and some of the victims are domicile in NSW.
The serious indictable offence is related to the administration and regulatory supervision of a regulated superannuation fund which was established in 1913.
The document or documents I seek are copies of any disclosure document where the Chairman of APRA, or any other APRA officer, has brought information concerning any serious indictable offence involving a major financial institution with a registered office in NSW to the attention of a member of the Australian Federal Police.
The search period is 1 July 2016 to the present.
The name of the financial institution and the names of any alleged offenders may be redacted in the FOI response.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #3417 email]
Is [APRA request email] the wrong address for Freedom of Information requests to Australian Prudential Regulation Authority? If so, please contact us using this form:
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:
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.
-------------------------------------------------------------------
________________________________
________________________________
IMPORTANT NOTICE:
This e-mail is intended solely for the person or organisation to whom it is addressed, and may contain secret, confidential or legally privileged information.
If you have received this e-mail in error or are aware that you are not authorised to have it, you MUST NOT use or copy it, or disclose its contents to any person. If you do any of these things, you may be sued or prosecuted.
If you have received this e-mail in error, please contact the sender immediately.
________________________________
________________________________