The Australian Financial Complaints Authority (AFCA) is governed by a set of Rules. These Rules are approved by ASIC, in accordance with the requirements of the Corporations Act 2001 (Cth) and are explained in more detail in our Operational Guidelines.
AFCA's Rules and Guidelines are published to provide complete transparency into how we operate. Since coming into effect on 1 November 2018, there have been several important updates to the Rules and Guidelines which you can read below.
- The new version of the Rules includes:
- changes which provide for AFCA to deal with a small number of complaints transferred from the Superannuation Complaints Tribunal as a result of the SCT ceasing operations at the end of December 2020.
- adjustments to AFCA’s monetary limits and caps due to indexation which came into effect from 1 January 2021 for complaints received from that date.
- changes to the definition of financial firm and a definition of representative to comply with ASIC’s legislative instrument and direction issued on 5 January 2021, requiring AFCA make this Rules amendment. These Rules changes will apply to complaints received from 13 January 2021.
- The new Section G
- limits what AFCA may take into account when considering a complaint about a loan provided under the Coronavirus SME Guarantee Scheme, and
- requires AFCA to exclude complaints about repayment deferrals provided to small business borrowers for existing loans, where the deferral is provided between 25 April 2020 and 24 April 2021.
- The new versions of Rules C.1.2 and F.1.1 ensure a reference to medical indemnity insurance legislation remains up to date, and confirm that Rule A.14.5 applies to all published determinations including in legacy complaints.
- The new version of Rule A.14.5 applies to Determinations issued by AFCA on or after 1 October 2019, in respect of complaints received on or after 1 November 2018.
- Section F of these Rules modifies AFCA’s normal time limits. It applies to complaints received from 1 July 2019 to 30 June 2020 inclusive.
We have a Transitional Superannuation Guide to help providers and consumers understand how AFCA operates within its superannuation jurisdiction.