Treasury Review of AFCA - Reporting Systemic Issues to ASIC - Resent

Response to this request is delayed. By law, Australian Securities and Investments Commission should normally have responded promptly and by (details)

Phillip Sweeney

{Note: This FOI Request was originally sent on 24 April 2021, however,an error message indicates that this request may not have been received by ASIC}

Dear Australian Securities and Investments Commission,

The Treasury is conducting a Review of the Australian Financial Complaints Authority and the terms of reference include "1.2 Are AFCA's processes for the identification and appropriate response to systemic issues arising from complaints effective"?

Evidence has been provided to David Locke of a systemic issue that relates to a majority of National Australia Bank's Australian Staff who were unlawfully transferred from a top-10 performing "not-for-profit" staff superannuation fund into the poor performing"for-profit" MLC Super Fund.

This transfer was in contravention of the governing rules of the fund and in contravention of superannuation laws.

David Locke has a duty to report this systemic misconduct to ASIC (as well as APRA).

The document (or documents I seek) are copies of any correspondence from David Locke (or AFCA) to ASIC that would confirm that David Locke has complied with his duty to report systemic misconduct to ASIC.

Yours faithfully,

Phillip Sweeney

Krystal Fung, Australian Securities and Investments Commission

2 Attachments

Dear Mr Sweeney

 

Freedom of Information Request No. 071-2021

 

Please see attached notice to identify documents.

 

Regards

 

Krystal Fung
Escalated Matters & Government, Assessment & Intelligence

Australian Securities and Investments Commission

[1][email address]

[2]ASIC logo

 

 

Please consider the environment before printing this document.

 

Information collected by ASIC may contain personal information. Please
refer to our [3]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.

References

Visible links
1. mailto:[email address]
3. https://www.asic.gov.au/privacy

Dear Krystal Fung,

I refer to your reply of 19 May 2021

You requested that I:
- specify in detail the type and nature of documents I am seeking; and
- the time frame for the documents

I am seeking copies of any correspondence from David Locke (or AFCA) to ASIC dated from 26 March 2021 to the present.

Yours sincerely,

Phillip Sweeney

Krystal Fung, Australian Securities and Investments Commission

2 Attachments

Dear Mr Sweeney

 

Freedom of Information Request No. 071-2021

 

Please see attached a second notice to identify documents under s 24AB of
the FOI Act.

 

Regards.

 

Krystal Fung
Escalated Matters & Government, Assessment & Intelligence

Australian Securities and Investments Commission

[1][email address]

[2]ASIC logo

 

show quoted sections

Krystal Fung, Australian Securities and Investments Commission

2 Attachments

Dear Mr Sweeney

 

Freedom of Information Request No. 071-2021

 

Please see attached a second notice to identify documents under s 24AB of
the FOI Act.

 

Regards.

 

Krystal Fung
Escalated Matters & Government, Assessment & Intelligence

Australian Securities and Investments Commission

[1][email address]

[2]ASIC logo

 

show quoted sections

Dear Krystal Fung,

Given the nature of my FOI request, if David Locke was to comply with his statutory duty with respect to a systemic matter that might involve many thousand employees of the National Australia Bank, David Locke would bring this matter to the attention of the ASIC Chairman who was James Shipton until 1 June 2021 and then Joseph Longo since 1 June 2021.

I revise the scope of my request to copies of any correspondence from David Locke to the incumbent Chairman of ASIC since 26 March 2021.

Yours sincerely,

Phillip Sweeney

Dear Krystal Fung,

I amend my request to a copy or copies of correspondence from David Locke to James Shipton former Chairman of ASIC or to Joseph Longo current Chairman of ASIC from 26 March 2021 to the present.

I cannot imagine David Locke writing to the Chairman of ASIC more than once a month..

Yours sincerely,

Phillip Sweeney

Krystal Fung, Australian Securities and Investments Commission

2 Attachments

Dear Mr Sweeney

 

Freedom of Information Request No. 071-2021

 

Please see attached notice of access decision.

 

Regards

 

Krystal Fung
Escalated Matters & Government, Assessment & Intelligence

Australian Securities and Investments Commission

[1][email address]

[2]ASIC logo

 

 

Please consider the environment before printing this document.

 

Information collected by ASIC may contain personal information. Please
refer to our [3]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.

References

Visible links
1. mailto:[email address]
3. https://www.asic.gov.au/privacy

Krystal Fung, Australian Securities and Investments Commission

2 Attachments

Dear Mr Sweeney

 

Freedom of Information Request No. 071-2021

 

Please see attached notice of access decision.

 

Regards

 

Krystal Fung
Escalated Matters & Government, Assessment & Intelligence

Australian Securities and Investments Commission

[1][email address]

[2]ASIC logo

 

 

Please consider the environment before printing this document.

 

Information collected by ASIC may contain personal information. Please
refer to our [3]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.

References

Visible links
1. mailto:[email address]
3. https://www.asic.gov.au/privacy