Referral Pursuant to Section 64 of the SRC Act

Phillip Sweeney made this Freedom of Information request to Superannuation Complaints Tribunal

Response to this request is long overdue. By law, under all circumstances, Superannuation Complaints Tribunal should have responded by now (details). You can complain by requesting an internal review.

From: Phillip Sweeney

Delivered

Dear Superannuation Complaints Tribunal,

The document I seek is a copy of the Referral under Section 64 notice dated on or around 20 September 2010 to ASIC and/or APRA in relation to a letter dated 20 September 2010 signed by Fiona Power - Director of the Tribunal.

This letter confirms that Ms Power had 'become aware' that the contravention of 'any law' may have occurred and that ASIC and or APRA should be provided with the particulars of the suspected contravention.

Becoming aware that a contravention of 'any law' may have occurred enlivens the Tribunal Chairperson's statutory duty pursuant to Section 64 of the SRC Act

Yours faithfully,

Phillip Sweeney

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From: Eva Karakostas

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From: Eva Karakostas

Dear Mr Sweeney

Freedom of Information Request

I acknowledge receipt of your request for a document under the Freedom of
Information Act 1982 (FOI Act).

The purpose of this correspondence is to give you a decision about access
to the document that you request.  

Your request

In your email to the Superannuation Complaints Tribunal (the Tribunal)
below, you request access to the following document:

"..The document I seek is a copy of the Referral under Section 64 notice
dated on or around 20 September 2010 to ASIC and/or APRA in relation to a
letter dated 20 September 2010 signed by Fiona Power - Director of the
Tribunal."

Decision

I am an officer authorised under section 23 of the FOI Act to make
decisions in respect of requests to access documents.

My decision is to refuse access under section 24A(1) of the FOI Act, on
the grounds that all reasonable steps have been taken to find the
document/s and I am satisfied that the document/s requested do not exist.

As the requested document does not exist, I am refusing your request for
access.

Your review rights

Under the FOI Act you have a right to seek review of this FOI decision.

Under Part VI of the FOI Act you may seek an internal review of the
decision.  An internal review is conducted by a different FOI authorised
officer within the Tribunal.  An application for internal review must be
in writing and must be made within 30 days, or such further period as the
Tribunal allows, after the day the decision is notified.

Alternatively, under Part VII of the FOI Act, you may seek a review of the
decision by the Office of the Australian Information Commissioner (OAIC).
 The OAIC conducts a merits review to determine the correct or preferable
decision in the circumstances.  Such application in relation to an access
refusal decisions must be made within 60 days after the day notice of the
decision was given.

Also, under Part VIIIB of the FOI Act, you have the right to make a
complaint, in writing, to the Australian Information Commissioner about
any action taken by the Tribunal in the performance of functions, or the
exercise of powers, under the FOI Act.

Further information about these rights is contained in Parts 9, 10 and 11
of the FOI Guidelines, available on the Australian Information
Commissioner’s website at [1]www.oaic.gov.au/publications/guidelines.

Please contact me by email if you require further assistance.

Yours sincerely

Eva Karakostas
FOI Officer
Superannuation Complaints Tribunal

From:        Phillip Sweeney
<[FOI #4433 email]>
To:        FOI requests at SCT <[SCT request email]>,
Date:        11/03/2018 01:03 AM
Subject:        Freedom of Information request - Referral Pursuant to
Section 64 of the SRC Act

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Dear Superannuation Complaints Tribunal,

The document I seek is a copy of the Referral under Section 64 notice
dated on or around 20 September 2010 to ASIC and/or APRA in relation to a
letter dated 20 September 2010 signed by Fiona Power - Director of the
Tribunal.

This letter confirms that Ms Power had 'become aware' that the
contravention of 'any law' may have occurred and that ASIC and or APRA
should be provided with the particulars of the suspected contravention.

Becoming aware that a contravention of 'any law' may have occurred
enlivens the Tribunal Chairperson's statutory duty pursuant to Section 64
of the SRC Act

Yours faithfully,

Phillip Sweeney

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

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