- Why was my case closed immediately after I received my determination?
- Can I provide information after the determination has been issued?
- When will AFCA re-issue a determination?
- What if the determination does not answer all my questions?
- Can I talk to my financial firm about the determination after I have accepted it?
- What can I do if the financial firm has not paid me what was awarded or done what it was meant to do?
- Can the financial firm ask for a deed of release to be signed?
Why was my case closed immediately after I received my determination?
When a determination is in the favour of the financial firm and there is no action required by them, or an outcome to be accepted by you, AFCA will close the case immediately.
Can I provide information after the determination has been issued?
The opportunity to provide information to support your complaint has passed. If you believe you have not had the opportunity to provide information, please tell us.
Ombudsman, panel and adjudicator decisions are the final step in the AFCA process. You do not have to accept the determination. If you do not accept it, then the financial firm is not bound by the determination and you can choose to take the matter to another forum, such as a court.
If you accept the determination, but for some reason become dissatisfied with the outcome and wish to take your matter to another forum, you should seek legal advice.
When will AFCA re-issue a determination?
AFCA may re-issue a determination if it contains:
- a clerical mistake; or an error arising from an accidental slip or omission; or
- a miscalculation of figures or a mistake in the description of any person, thing or matter that affects the outcome of the determination; or
- a defect of form such as an error in formatting or style which does not affect the substance of the document.
If a determination needs to be corrected to address an issue listed above, you can write to us and explain what needs to be corrected.
What if the determination does not answer all my questions?
AFCA decides which issues we can consider, are relevant to the complaint and need investigation. This may be different to what you expected. As part of our investigation we consider all the information provided and all the issues raised, even if we do not list them all in the determination.
If you have additional questions or concerns you want the financial firm to answer, you should contact them directly.
Can I talk to my financial firm about the determination after I have accepted it?
Yes. Contact the External Dispute Resolution Manager at your financial firm. If you are unsure of who this is, you can search for member contact details on the AFCA website. www.afca.org.au/make-a-complaint/findafinancialfirm
What can I do if the financial firm has not paid me what was awarded or done what it was meant to do?
A financial firm generally has 30 days to make the payment. If you are concerned that the financial firm has not taken the action it was instructed to, we encourage you to make contact with them to clarify the actions they have taken, and what they intend on doing.
If there are further concerns, please email us at email@example.com and include your case number.
Can the financial firm ask for a deed of release to be signed?
Yes. As long as the deed covers the same issues as the determination, the financial firm can ask you to sign one. It is usual for the deed to refer to being in full and final settlement of the issues in complaint.
If you do not sign an appropriately worded deed, then the financial firm is not bound by the determination.
The AFCA Approach to terms of settlement is on our website at www.afca.org.au/approach. If you do not think the deed is appropriate or includes items that are not covered in the determination, then you should contact us and provide a copy.