Letter to APRA from Nicholas Brookes - Re: Foster's Group Superannuation Fund

Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority

Waiting for an internal review by Australian Prudential Regulation Authority of their handling of this request.

From: Phillip Sweeney

Delivered

Dear Australian Prudential Regulation Authority,

In a letter dated 21 August 2009, Margaret O'Halloran, Fund Secretary of the Foster's Group Superannuation Fund made the following representation:

"We refer to your request for the Trust Deed in place at the time you joined Foster's
Group Superannuation Fund.

We have conducted an extensive search of the archives of the previous
administrators and lawyers to assist you. The earliest executed Trust Deed we have
located is dated 26 August 1986 and it contains the Rules of the Elders IXL
Superannuation Fund dated 19 Auguste 1985.

A copy is enclosed for your records"

The document dated 26 August 1986 could only at best be an Amending Deed, since this document states in the recitals at Recital A:"

"By a Deed made on the 23rd day of December 1913 a Company known as Elder Smith & Co Limited established a provident and guarantee fund which is now known as the Elders IXL Superannuation Fund (hereinafter called 'the Fund')"

Then in 2010, I wrote to APRA since it was a serious prudential issue if a regulated trustee was not in possession of the founding Trust Deed made on 23 December 1913.

The founding Trust Deed is evidence that a legally enforceable 'trust' has been established in the first place and also confirms if an amending power has been reserved in the founding trust deed.

If an amending power has been reserved then the founding Trust Deed will prescribe the party or parties on whom this amending power {Power of Amendment} has been conferred.

A Power of Consent to amend the terms of the trust may also be reserved in the founding Trust Deed. If so, the party or parties on whom the Power of Consent has been conferred would also be prescribed.

Unless a Power of Termination {or Power of Revocation} has also been reserved in the founding Trust Deed, the trust will be irrevocable once legally constituted.

APRA then wrote to the purported trustee seeking an explanation as to why the trustee was not in possession of the founding Trust Deed as represented by the Fund Secretary.

The documents I seek are:

(i) a copy of the letter provided to APRA by Nicholas Brookes, the then CEO of Corporate Combined Superannuation (CCSL Ltd) {RSE Licence L0000758}, the then purported corporate trustee of this regulated superannuation fund (R 1004830); and
(ii) copies of all the documents which were attached to this letter signed by Mr Brookes.

The search period is from 1 January 2010 to 31 December 2010.

Yours faithfully,

Phillip Sweeney

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From: Freedom of Information
Australian Prudential Regulation Authority


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Dear Mr Sweeney,

 

I acknowledge receipt of your FOI request dated 9 August 2019. We are
processing your request and will respond soon.

 

Kind regards

 

FOI OFFICER

T 02 9210 3000 | E [1][APRA request email]

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au

[3]Title: Australian Coat of Arms and APRA logo

 

 

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From: Freedom of Information
Australian Prudential Regulation Authority


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Dear Mr Sweeney,

 

APRA seeks your agreement to extend the timeframe by 30 days to process
this request under s15AA(a) of the Freedom of Information Act 1982 (FOI
Act). APRA was due to make a decision on your request by 9 September 2019
but requires an extension of time to retrieve documents and undertake
consultation. Should you agree to the requested 30 day extension, APRA
will be required to make a decision on your request by 9 October 2019.

 

Please advise in writing if you consent to this extension of time.

 

Kind regards,

 

FOI OFFICER

T 02 9210 3000 | E [1][APRA request email]

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au

[3]Title: Australian Coat of Arms and APRA logo

 

 

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From: Phillip Sweeney

Delivered

Dear Freedom of Information,

I consent to the extension sought to process this FOI request out to 9 October 2019

Yours sincerely,

Phillip Sweeney

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From: Freedom of Information
Australian Prudential Regulation Authority


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Attachment FOI 20 11 Notice of Decision.pdf
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Dear Mr Sweeney

 

Please find attached APRA’s Notice of Decision dated 4 October 2019.

 

Regards,

 

FOI OFFICER

T 02 9210 3000 | E [1][APRA request email]

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au

[3]Title: Australian Coat of Arms and APRA logo

 

 

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From: Phillip Sweeney

Delivered

Dear Australian Prudential Regulation Authority,

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

I am writing to request an internal review of Australian Prudential Regulation Authority's handling of my FOI request 'Letter to APRA from Nicholas Brookes - Re: Foster's Group Superannuation Fund'.

I have a copy of the letter from Mr Nicholas Brookes to APRA dated 24 June 2010 which lists the attached documents numbered 1 to 7

Documents listed at item 5 were:

(a) Rules dated 19 August 1985
(b) Amendments dated 26 August 1986
(c) Amendments dated 15 December 1986
(d) Register of executed deeds

Therefore APRA must have in its possession a copy of these documents otherwise they have been deliberately destroyed.

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

Yours faithfully,

Phillip Sweeney

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From: Freedom of Information
Australian Prudential Regulation Authority


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Dear Mr Sweeney

 

I acknowledge receipt of your FOI Internal Review request dated 10 October
2019. We are processing your request and will respond soon.

 

Regards

 

FOI OFFICER

T 02 9210 3000 | E [1][APRA request email]

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [2]www.apra.gov.au

[3]Title: Australian Coat of Arms and APRA logo

 

 

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