SEction 68 of the SIS Act - Anthony Quinn Proceedings

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.

The request was successful.

Phillip Sweeney

Dear Australian Prudential Regulation Authority,

Anthony Charles Quinn is a former employee of Carlton and United Breweries Limited which in 1996 was a subsidiary company of Fosters Brewing Group Limited.

The purported corporate trustee of the staff superannuation fund was FBG Superannuation Limited.

The Chairman of this corporate trustee was Geoffrey Cohen, who was also at the Chairman of HIH Insurance until the time of its collapse in 2001

In 1996 Mr Quinn was elected one of three member-elected trustee directors of the corporate trustee.

However a few days before Mr Quinn was due to attend his first trustee board meeting, Mr Cohen arranged for Mr Quinn's contract of employment to be terminated with one day's notice {when the CUB staff policy required 10 weeks notice} and which took effect the day before the next scheduled board meeting.

Mr Quinn then took proceedings in the Supreme Court of Victoria pursuant to Section 68 of the Superannuation Industry (Supervision) Act 1993 - 'Victimisation of Trustees".

APRA sent one or more observers to these hearings as listed below.

The documents I seek are copies of file notes or reports prepared by these APRA observers of the proceedings that they attended involving Mr Quinn.

Yours faithfully,

Phillip Sweeney

List of Proceedings involving Charles Anthony Quinn

(1) Anthony Charles Quinn v Carlton and United Breweries Limited {796 of 1996}
(2) Quinn v FBG Superannuation Ltd [1998] VSC 173
(3) Quin (sic) v FBG Superannuation Ltd [2000] VSCA 29
(4) Legal Ombudsman v D'Abaco [1999] VLPT

Freedom of Information, Australian Prudential Regulation Authority

1 Attachment

Dear Mr Sweeney,

 

I acknowledge receipt of your FOI request dated 7 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

 

-----Original Message-----

From: Phillip Sweeney
[mailto:[FOI #5563 email]]

Sent: Wednesday, 7 August 2019 9:25 AM

To: Freedom of Information <[email address]>

Subject: Freedom of Information request - SEction 68 of the SIS Act -
Anthony Quinn Proceedings

 

Dear Australian Prudential Regulation Authority,

 

Anthony Charles Quinn is a former employee of Carlton and United Breweries
Limited which in 1996 was a subsidiary company of Fosters Brewing Group
Limited.

 

The purported corporate trustee of the staff superannuation fund was FBG
Superannuation Limited.

 

The Chairman of this corporate trustee was Geoffrey Cohen, who was also at
the Chairman of HIH Insurance until the time of its collapse in 2001

 

In 1996 Mr Quinn was elected one of three member-elected trustee directors
of the corporate trustee.

 

However a few days before Mr Quinn was due to attend his first trustee
board meeting, Mr Cohen arranged for Mr Quinn's contract of employment to
be terminated with one day's notice {when the CUB staff policy required 10
weeks notice} and which took effect the day before the next scheduled
board meeting.

 

Mr Quinn then took proceedings in the Supreme Court of Victoria pursuant
to Section 68 of the Superannuation Industry (Supervision) Act 1993 -
'Victimisation of Trustees".

 

APRA sent one or more observers to these hearings as listed below.

 

The documents I seek are copies of file notes or reports prepared by these
APRA observers of the proceedings that they attended involving Mr Quinn.

 

Yours faithfully,

 

Phillip Sweeney

 

List of Proceedings involving Charles Anthony Quinn

 

(1) Anthony Charles Quinn v Carlton and United Breweries Limited {796 of
1996}

(2) Quinn v FBG Superannuation Ltd [1998] VSC 173

(3) Quin (sic) v FBG Superannuation Ltd [2000] VSCA 29

(4) Legal Ombudsman v D'Abaco [1999] VLPT

 

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

 

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[FOI #5563 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.

 

 

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is addressed, and may contain secret, confidential or legally privileged
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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
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immediately.

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References

Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/

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Freedom of Information, Australian Prudential Regulation Authority

3 Attachments

Dear Mr Sweeney

 

Please find attached APRA's Notice of Decision dated 6 September 2019 and
Document 1.

 

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

 

 

-----Original Message-----
From: Phillip Sweeney
[mailto:[FOI #5563 email]]
Sent: Wednesday, 7 August 2019 9:25 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - SEction 68 of the SIS Act -
Anthony Quinn Proceedings

 

Dear Australian Prudential Regulation Authority,

 

Anthony Charles Quinn is a former employee of Carlton and United Breweries
Limited which in 1996 was a subsidiary company of Fosters Brewing Group
Limited.

 

The purported corporate trustee of the staff superannuation fund was FBG
Superannuation Limited.

 

The Chairman of this corporate trustee was Geoffrey Cohen, who was also at
the Chairman of HIH Insurance until the time of its collapse in 2001

 

In 1996 Mr Quinn was elected one of three member-elected trustee directors
of the corporate trustee.

 

However a few days before Mr Quinn was due to attend his first trustee
board meeting, Mr Cohen arranged for Mr Quinn's contract of employment to
be terminated with one day's notice {when the CUB staff policy required 10
weeks notice} and which took effect the day before the next scheduled
board meeting.

 

Mr Quinn then took proceedings in the Supreme Court of Victoria pursuant
to Section 68 of the Superannuation Industry (Supervision) Act 1993 -
'Victimisation of Trustees".

 

APRA sent one or more observers to these hearings as listed below.

 

The documents I seek are copies of file notes or reports prepared by these
APRA observers of the proceedings that they attended involving Mr Quinn.

 

Yours faithfully,

 

Phillip Sweeney

 

List of Proceedings involving Charles Anthony Quinn

 

(1) Anthony Charles Quinn v Carlton and United Breweries Limited {796 of
1996}

(2) Quinn v FBG Superannuation Ltd [1998] VSC 173

(3) Quin (sic) v FBG Superannuation Ltd [2000] VSCA 29

(4) Legal Ombudsman v D'Abaco [1999] VLPT

 

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

 

Please use this email address for all replies to this request:

[4][FOI #5563 email]

 

Is [5][APRA request email] the wrong address for Freedom of Information
requests to Australian Prudential Regulation Authority? If so, please
contact us using this form:

[6]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:

[7]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.

 

 

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

 

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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.

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References

Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/
4. mailto:[FOI #5563 email]
5. mailto:[APRA request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...

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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 'SEction 68 of the SIS Act - Anthony Quinn Proceedings'.

I am seeking copies of the documents identified as:

"I attach my notes and other documentation received from the parties as a result of my attendance at the hearing"

In the ISC Minutes Paper that was released in a redacted format.

I am not seeking documents 2 and 3.

The documents received from the parties to the proceedings would be public documents since any documents subject to legal privilege would not have been provided to the ISC representative with respect to these proceedings in the Supreme Court of Victoria.

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

Yours faithfully,

Phillip Sweeney

Freedom of Information, Australian Prudential Regulation Authority

1 Attachment

Dear Mr Sweeney,

 

I refer to your email below. APRA seeks clarification on the matters set
out in your email.

 

1.     Are you seeking an internal review of the FOI 20-10 Notice of
Decision 6 September 2019?

 

            or

 

2.     Are you making a new FOI request for:

 

                        I am seeking copies of the documents identified
as:

 

                        "I attach my notes and other documentation
received from the parties as a result of my attendance at the hearing"

 

                        In the ISC Minutes Paper that was released in a
redacted format.

 

                        I am not seeking documents 2 and 3.

 

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

 

 

-----Original Message-----
From: Phillip Sweeney
[mailto:[FOI #5563 email]]
Sent: Saturday, 7 September 2019 12:20 PM
To: Freedom of Information <[email address]>
Subject: Internal review of Freedom of Information request - SEction 68 of
the SIS Act - Anthony Quinn Proceedings

 

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 'SEction 68 of the SIS
Act - Anthony Quinn Proceedings'.

 

I am seeking copies of the documents identified as:

 

"I attach my notes and other documentation received from the parties as a
result of my attendance at the hearing"

 

In the ISC Minutes Paper that was released in a redacted format.

 

I am not seeking documents 2 and 3.

 

The documents received from the parties to the proceedings would be public
documents since any documents subject to legal privilege would not have
been provided to the ISC representative with respect to these proceedings
in the Supreme Court of Victoria.

 

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

 

Yours faithfully,

 

Phillip Sweeney

 

 

 

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

Please use this email address for all replies to this request:

[5][FOI #5563 email]

 

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:

[6]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.

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

References

Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/
4. https://www.righttoknow.org.au/request/s...
5. mailto:[FOI #5563 email]
6. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Freedom of Information,

I received some of the documents requested in the FOI response from APRA, but not copies of the documents attached to the redacted document released.

The attached documents would not be subject to legal privilege.

So please deal with this request in the appropriate manner.

Yours sincerely,

Phillip Sweeney

Freedom of Information, Australian Prudential Regulation Authority

1 Attachment

Dear Mr Sweeney,

 

Thank you for your email. APRA will process the following FOI request as
of today’s date (9 September 2019):

 

                         I am seeking copies of the documents identified
as:

 

                        "I attach my notes and other documentation
received from the parties as a result of my attendance at the hearing"

 

                        In the ISC Minutes Paper that was released in a
redacted format.

 

                        I am not seeking documents 2 and 3.

 

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

 

 

 

-----Original Message-----

From: Phillip Sweeney
[mailto:[FOI #5563 email]]

Sent: Monday, 9 September 2019 2:17 PM

To: Freedom of Information <[email address]>

Subject: RE: Internal review of Freedom of Information request - SEction
68 of the SIS Act - Anthony Quinn Proceedings [SEC=UNCLASSIFIED]

 

Dear Freedom of Information,

 

I received some of the documents requested in the FOI response from APRA,
but not copies of the documents attached to the redacted document
released.

 

The attached documents would not be subject to legal privilege.

 

So please deal with this request in the appropriate manner.

 

Yours sincerely,

 

Phillip Sweeney

 

-----Original Message-----

 

Dear Mr Sweeney,

 

 

 

I refer to your email below. APRA seeks clarification on the matters set

out in your email.

 

 

 

1.     Are you seeking an internal review of the FOI 20-10 Notice of

Decision 6 September 2019?

 

 

 

            or

 

 

 

2.     Are you making a new FOI request for:

 

 

 

                        I am seeking copies of the documents identified

as:

 

 

 

                        "I attach my notes and other documentation

received from the parties as a result of my attendance at the hearing"

 

 

 

                        In the ISC Minutes Paper that was released in a

redacted format.

 

 

 

                        I am not seeking documents 2 and 3.

 

 

 

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

 

 

 

 

 

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

Please use this email address for all replies to this request:

[FOI #5563 email]

 

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.

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References

Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/

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Freedom of Information, Australian Prudential Regulation Authority

2 Attachments

Dar Mr Sweeney

 

Please find attached APRA's Notice of Decision dated 9 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

 

 

-----Original Message-----
From: Phillip Sweeney
[mailto:[FOI #5563 email]]
Sent: Saturday, 7 September 2019 12:20 PM
To: Freedom of Information <[email address]>
Subject: Internal review of Freedom of Information request - SEction 68 of
the SIS Act - Anthony Quinn Proceedings

 

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 'SEction 68 of the SIS
Act - Anthony Quinn Proceedings'.

 

I am seeking copies of the documents identified as:

 

"I attach my notes and other documentation received from the parties as a
result of my attendance at the hearing"

 

In the ISC Minutes Paper that was released in a redacted format.

 

I am not seeking documents 2 and 3.

 

The documents received from the parties to the proceedings would be public
documents since any documents subject to legal privilege would not have
been provided to the ISC representative with respect to these proceedings
in the Supreme Court of Victoria.

 

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

 

Yours faithfully,

 

Phillip Sweeney

 

 

 

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

Please use this email address for all replies to this request:

[5][FOI #5563 email]

 

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:

[6]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.

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

References

Visible links
1. mailto:[APRA request email]
2. http://www.apra.gov.au/
4. https://www.righttoknow.org.au/request/s...
5. mailto:[FOI #5563 email]
6. https://www.righttoknow.org.au/help/offi...

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