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 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.