SEction 68 of the SIS Act - Anthony Quinn Proceedings

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

The request was partially successful.

From: Phillip Sweeney

Delivered

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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From: Freedom of Information
Australian Prudential Regulation Authority


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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

 

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From: Freedom of Information
Australian Prudential Regulation Authority


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Attachment FOI 20 10 Notice of Decision.pdf
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Attachment Document 1.pdf
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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

 

 

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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 '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

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From: Freedom of Information
Australian Prudential Regulation Authority


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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

 

 

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From: Phillip Sweeney

Delivered

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

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From: Freedom of Information
Australian Prudential Regulation Authority


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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

 

 

 

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