IN-CONFIDENCE FMG-FM04 THE FUTURE FUND’S INVESTMENT POLICIES – RESPONSIBLE INVESTING Issue The Future Fund Board’s investment decisions continue to receive interest from the media, specifically in relation to investments in ** text has been redacted ** nuclear weapons * redacted *. Headline Statement • The Government is committed to the investment activities of the Future Fund Board remaining independent of Government and will not interfere in its investment decisions. This is in the best interest of the tax payer. • The Government is satisfied that the Future Fund is making investments consistent with Australian domestic law and Australia’s obligations under international conventions. Key Points • The Future Fund Board, as part of its broad investment portfolio, invests in a large number of entities across a wide variety of activities. • The Government expresses its broad expectations for how the Future Fund will be invested and managed through the Investment Mandate. This is the best mechanism to balance the Future Fund Board’s independence with the requirement that they have regard to international best practice for institutional investment in undertaking its investment decisions. • The Future Fund Board has independently identified in its investment policies circumstances where it will limit its investment activities; it takes account of Australian law and international conventions to which Australia is a signatory. • The Future Fund Board’s Investment Policies are subject to regular review. When reviewing its Investment Policies the Board gives consideration to practices across the investment industry, both domestically and internationally, including environmental, social and governance (ESG) principles. • As part of this, I understand that the Board is currently giving consideration to ESG issues and I have asked the Chair to keep me informed of progress. Contact: Greg Feeney Division: Funds and Superannuation Date Updated: 15 August 2011 Phone: 02 6215 3422 Cleared by: Alan Greenslade Cleared by Adviser: IN-CONFIDENCE 1 IN-CONFIDENCE FMG-FM04 If Asked: Has the Government or the Future Fund sought or received legal advice on the investments made by the Future Fund in relation to the application of domestic law and Australia’s obligations under international conventions? • Yes (see cautionary note on the legal advice below). Policy Commitments • N/A Contact: Greg Feeney Division: Funds and Superannuation Date Updated: 15 August 2011 Phone: 02 6215 3422 Cleared by: Alan Greenslade Cleared by Adviser: IN-CONFIDENCE 2 IN-CONFIDENCE FMG-FM04 Legal Advice Finance has received legal advice from the Office of International Law of the AttorneyGeneral’s Department (OIL) and the Australian Government Solicitor (AGS) on this issue. ** half a line of text has been redacted ** The Government is satisfied that the Future Fund is making investments consistent with Australian domestic law and Australia’s obligations under international conventions. Legal Services Branch advises that it is important that the content or substance of any legal advice is not released nor even alluded to as this would risk waiving Legal Professional Privilege. It is appropriate to answer a direct question about whether advice has been sought or received but to go no further. Background The Investment Mandate guides the Board, setting a long-term benchmark return, without excessive risk and does not seek to direct the Future Fund Board about specific investments. * redacted * ** a line of text has been redacted ** . * redacted * ** three lines of text has been redacted ** . Nuclear Weapons The International Campaign to Abolish Nuclear Weapons (ICAN) argues in correspondence to Government Ministers and Senior Labor MPs (sent 26 May 2011) that the Future Fund is acting inconsistently with its own investment policy and is in breach of Australian law. * redacted * ** a line and a half of text has been redacted ** . Contact: Greg Feeney Division: Funds and Superannuation Date Updated: 15 August 2011 Phone: 02 6215 3422 Cleared by: Alan Greenslade Cleared by Adviser: IN-CONFIDENCE 3