Evidence held by the Parliament of South Australia

The request was successful.

Dear Australian Securities and Investments Commission,

ASIC gave an undertaking to the Honourable Justice Kenny in the Federal Court of Australia {VID 323/2011} to properly investigate misconduct associated with one of Australia’s oldest occupational pension schemes that was established by a Trust Deed made on 23 December 1913 in the State of South Australia.

The Regulations of this fund were amended by an enactment of the Parliament of South Australia and as a result, both the Parliament and the Attorney-General’s Department hold evidence that confirms the benefit entitlements of members and beneficiaries (widows) of this pension scheme (fund).

Both the Chairman, James Shipton, and the Deputy Chairman, Daniel Crennan QC, have been advised of the existence of this evidence.

Obtaining copies of this evidence would be in keeping with the undertaking given to the Honourable Justice Kenny.

The trustee currently responsible for paying these Defined Benefits is NULIS Nominees (Australia) Ltd {a subsidiary company of the National Australia Bank) . NULIS has refused to comply with subsection 1017C(5) of the Corporations Act 2001 and provide copies of the genuine deeds of this fund to persons who have a beneficial interest in this fund.

This criminal misconduct prevented evidence being able to be lodged with the Royal Commission into Misconduct in the Banking,Superannuation and Financial Services Industry.

The documents I seek pursuant to the Freedom of Information Act 1982 (Cth) are copies of any correspondence between ASIC and the Parliament of South Australia and/or the Attorney-General’s Department of South Australia related to the Elder Smith & Co Limited Provident Funds Act 1963 (SA) and/or the fund then known as The Provident Fund (later known as the Elders IXL Superannuation Fund).

Yours faithfully,

Phillip Sweeney

Phillip Sweeney

Dear Australian Securities and Investments Commission,

Section 15 of the FOI Act Provides:

(5) On receiving a request, the agency or Minister must:

(a) as soon as practicable but in any case not later than 14 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified that the request has been received;

I am still awaiting a confirmation of receipt.

Can you please expedite

Yours faithfully,

Phillip Sweeney

FOIrequest, Australian Securities and Investments Commission

Dear Mr Sweeney,

Could you please identify the FOI request you are referring to . Upon receipt of your reply I will refer your query to the relevant ASIC decision maker.

Mirijana Soldatic
Senior Manager, FOI, Chief Legal Office
Australian Securities and Investments Commission
Level 7, 120 Collins Street, Melbourne, 3000
Tel: +61 3 9280 3205
[email address]

show quoted sections

Phillip Sweeney

Dear FOIrequest,

This is a transcript of the FOI Request previously sent to ASIC

Dear Australian Securities and Investments Commission,

ASIC gave an undertaking to the Honourable Justice Kenny in the Federal Court of Australia {VID 323/2011} to properly investigate misconduct associated with one of Australia’s oldest occupational pension schemes that was established by a Trust Deed made on 23 December 1913 in the State of South Australia.

The Regulations of this fund were amended by an enactment of the Parliament of South Australia and as a result, both the Parliament and the Attorney-General’s Department hold evidence that confirms the benefit entitlements of members and beneficiaries (widows) of this pension scheme (fund).

Both the Chairman, James Shipton, and the Deputy Chairman, Daniel Crennan QC, have been advised of the existence of this evidence.

Obtaining copies of this evidence would be in keeping with the undertaking given to the Honourable Justice Kenny.

The trustee currently responsible for paying these Defined Benefits is NULIS Nominees (Australia) Ltd {a subsidiary company of the National Australia Bank) . NULIS has refused to comply with subsection 1017C(5) of the Corporations Act 2001 and provide copies of the genuine deeds of this fund to persons who have a beneficial interest in this fund.

This criminal misconduct prevented evidence being able to be lodged with the Royal Commission into Misconduct in the Banking,Superannuation and Financial Services Industry.

The documents I seek pursuant to the Freedom of Information Act 1982 (Cth) are copies of any correspondence between ASIC and the Parliament of South Australia and/or the Attorney-General’s Department of South Australia related to the Elder Smith & Co Limited Provident Funds Act 1963 (SA) and/or the fund then known as The Provident Fund (later known as the Elders IXL Superannuation Fund).

Yours faithfully,

Phillip Sweeney

Yours sincerely,

Phillip Sweeney

David Asadi, Australian Securities and Investments Commission

2 Attachments

Dear Mr Sweeney

 

We refer to your request for access to documents under the Freedom of
Information Act 1982.

 

Please find attached ASIC’s notice of access decision.

 

Yours sincerely

 

David Asadi
Lawyer, Escalated Matters & Government

Australian Securities and Investments Commission

Tel: +61 3 9280 4614

[1][email address]

[2]ASIC-Cobrand-ALT-Inline-Signature-02

 

 

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