This page includes previous updates about AFCA's response to the independent review.

The latest update can be found on the independent review homepage.

• July 2022
• March 2022
• October 2022
• December 2022
• March 2023
• June 2023
• September 2023
• December 2023
• March 2024

June 2024 update

With less than 6 months left of what has been a significant program of work under AFCA’s response to the 2021 Treasury Independent Review, we are delighted to see heightened engagement from member firms and other stakeholders. There was a great response from members when we provided a progress update at our March Member Forums, as one example. Since the three-year program of work began in 2022, AFCA has completed our response to 11 of the recommendations and we are on track to complete the remaining two by the end of 2024. 

We recently published our Rules Consultation Response Report, following ASIC's approval of significant changes to our Rules and Operational Guidelines. The new versions of our Rules and Operational Guidelines, now published, apply to all complaints received on or after 1 July 2024. This completes Recommendations 4 and 6.

Looking beyond the program’s conclusion, AFCA remains committed to enhancing its services and achieving its vision of becoming a world-class ombudsman scheme. Our commitment to transparency, fairness, and continuous improvement ensures we remain well-prepared to serve consumers, small businesses, and financial firms effectively. We are dedicated to fulfilling the remaining recommendations and furthering the transformation of our operations into the future.  

Dr June Smith

Rules Consultation Response Report

Following consultation on proposed changes to the AFCA Rules and Operational Guidelines in 2023, we have now published our Consultation Response Report outlining how we responded to formal submissions and stakeholder feedback. This comes after ASIC formally approved material changes to the AFCA scheme in January of this year.

This new consultation format will be employed in our future Approach consultations, a schedule of which you will find here. 

New versions of AFCA Rules and Operational Guidelines

We published new versions of AFCA's Rules and Operational Guidelines on 1 July 2024, which apply to all complaints received on or after this date. The changes will: 

• Increase AFCA’s ability to manage unreasonable or inappropriate conduct within the scheme from complainants and paid representatives
• Deal with complaints where an appropriate offer of settlement has been made or where issues in dispute have been previously settled
• Provide further guidance and clarity on the exclusion of complaints lodged by professional or sophisticated investors unless exceptions apply
• Enhance the visibility, accessibility and performance of the Forward-Looking Review Mechanism
• Clarify the effect of AFCA determinations and how the slip rule works to ensure greater transparency and understanding of AFCA’s decision making
• Make minor changes to definitions and language to update certain areas of the Rules arising from legislative change, to give greater clarity and transparency of the scheme’s operation overall, and
• Make minor changes to clarify reporting and transparency obligations.

These changes were developed in response to recommendations made in Treasury's Independent Review of AFCA – with some additional changes to help ensure our Rules and Operational Guidelines remain accurate, up-to-date and provide clearer guidance about AFCA’s jurisdiction and processes.

This will formalise the completion of Recommendations 4 and 6, which respond to addressing poor conduct by Paid Representatives (Recommendation 4) and complaints by sophisticated or professional investors (Recommendation 6). 

In June, AFCA held a briefing for paid representatives on the upcoming changes to AFCA’s Rules and Operational Guidelines. A recording of the session is available here.

March 2024 update

With less than nine months left of what has been a significant program of work under AFCA’s Independent Review response, I'm delighted to share that we’ve now responded fully to eight of Treasury’s recommendations, with two more to be closed when we update our Rules on 1 July 2024.

This quarter, AFCA achieved some notable milestones. We launched AFCA's Approach to Lending to Small Business, which also marks the completion of Recommendation 11 by setting out the consultation process for finalising an Approach document. This accomplishment represents a big step forward in simplifying our processes and enhancing how we engage with stakeholders.

ASIC has formally approved material changes to AFCA’s Rules and Operational Guidelines, marking the culmination of extensive consultation efforts undertaken in 2023. These changes, effective 1 July 2024, will bolster AFCA’s ability to manage disputes effectively and provide clearer guidance on our jurisdiction and processes.

The transformation of our operations in the last two years has been remarkable. We’re on track to complete all our objectives and respond to all recommendations in full by the end of the year.

Dr June Smith

AFCA’s Approach to Lending to Small Business is now live

AFCA published its final Lending to Small Business Approach document (formerly known as Appropriate Lending to Small Business) on 15 January 2024, alongside a consultation feedback report that outlines how we responded to formal submissions and stakeholder feedback. All non-confidential submissions were published in November 2023. The final Responsible Lending Approach document was also published in December 2023.

The Approaches were developed in response to calls from stakeholders to provide greater clarity around AFCA’s existing approach and to ensure consistency in AFCA complaint outcomes in these complex areas. To ensure it is meeting the needs of stakeholders and is not producing any unintended outcomes, we intend to check in on the operation of both Approaches in 2024. We will provide more information about the format of this review closer to the time.

Training on both Approaches has been rolled out. There are online training modules and face-to-face training is being delivered to relevant case management teams and the Industry Advisors.

We have also finalised the governance model for developing AFCA Approach documents, which responds to Recommendation 11 of the Independent Review. This comprehensive model encompasses the entire life cycle of an Approach document, including outlining our process for consulting with external stakeholders.

AFCA Rules changes approved by ASIC

ASIC has formally approved material changes to the AFCA scheme following the consultation on changes to AFCA’s Rules and Operational Guidelines in 2023. New versions of AFCA’s Rules and Operational Guidelines will be published on 1 July 2024 with changes that will: 

• Increase AFCA’s ability to manage unreasonable or inappropriate conduct within the scheme from Complainants and Paid Representatives
• Deal with complaints where an appropriate offer of settlement has been made or where issues in dispute have been previously settled
• Provide further guidance and clarity on the exclusion of complaints lodged by professional or sophisticated investors unless exceptions apply
• Enhance the visibility, accessibility and performance of the Forward-Looking Review Mechanism
• Clarify the effect of AFCA determinations and how the slip rule works to ensure greater transparency and understanding of AFCA’s decision making
• Make minor changes to definitions and language to update certain areas of the Rules arising from legislative change, to give greater clarity and transparency of the scheme’s operation overall, and
• Make minor changes to clarify AFCA’s reporting and transparency obligations.

These changes were developed in response to recommendations made in Treasury's Independent Review of AFCA – with some additional changes to help ensure our Rules and Operational Guidelines remain accurate, up-to-date and provide clearer guidance about AFCA’s jurisdiction and processes.

This was the most significant review of AFCA’s Rules and Operational Guidelines since AFCA was established. The proposed changes to the Rules and Operational Guidelines were designed to implement the Review’s recommendations and ensure AFCA continues to provide efficient, timely operations so we can deliver fair, independent and effective solutions for financial disputes.

More information about next steps will be shared with our members and stakeholders soon.

Latest Systemic Issues Insights Report

AFCA has launched its latest Systemic Issues Insights Report for July to December 2023.

In the reported period, AFCA identified and investigated 111 systemic issues resulting in more than $40 million in remediation being returned to 139,011 consumers. This is compared with $61 million returned to 145,480 in the previous report covering January to June 2023.

The report shares data and findings from a range of recent systemic issues cases across the industry, including:

• Failure to respond to complaints within the required timeframes
• Compliance with obligations under AFCA Rules
• Breach of policy terms
• Poor claims handling, and
• Incorrect cancellation of insurance cover.

The report is part of AFCA’s ongoing commitment to transparency around AFCA’s systemic issues function coming out of Recommendation 13.

For more information, visit AFCA’s Systemic Issues page.

New member resources on systemic issues

AFCA’s Systemic Issues team launched a new suite of member tools and resources, now available on the member resources page. These resources are designed to support member firms in navigating and effectively addressing possible systemic issues. Here’s what’s included:

• Member response guide: A comprehensive tool to assist members in providing the necessary information to senior systemic issues specialists, ensuring a best practice response or submission.
• Guide to systemic issues: Gain insights into AFCA’s Systemic Issues function, including how we work with firms and regulators to identify, report, investigate and resolve systemic issues. Learn about common causes and examples of possible systemic issues.
• Process fact sheet: Access AFCA’s Systemic Issues process flow chart, offering a clear overview of how we identify and assess possible systemic issues and how we work with firms to address them.
• Systemic Issues video: A short learning snap that tells you about systemic issues and how we work alongside firms and regulators to identify, address and resolve possible systemic issues.

These resources, along with AFCA’s Systemic Issues Insights Reports, serve as a central learning hub where members and other stakeholders can learn about AFCA’s Systemic Issues function and how to respond to potential systemic issues. They have been developed as part of our ongoing commitment to enhancing our services and in part respond to Recommendations 12 and 13 of the Independent Review.

The Independent Review Recommendations related to systemic issues came about due to feedback from stakeholders who were concerned about a perceived overlap in role between AFCA and ASIC, and in an external environment in which new breach reporting obligations are expected of financial firms. Firms were concerned that there was a duplication in work by reporting to ASIC and working with AFCA on systemic issues. 

We will close an investigation where we become aware that a firm has reported an issue to ASIC and the firm is engaging with ASIC on the same issue and for the same outcome. This is to ensure we prevent actual overlap and reduce the risk of duplication. Financial firms should let us know as early as possible if they have breach reported the same issue to a regulator.

For more information, please visit the systemic issues systemic issues webpage or the member resources page.

Progress across a range of other recommendations

AFCA has made significant progress across several recommendations, including:

• Preparation of guidelines to support consistent treatment of further issues is underway (Recommendation 1).
• Independent Decision Review draft report has been received assessing fairness and impartiality for a sample of AFCA determinations (Recommendations 2 & 3) an internal review is underway which will result in management responses being agreed and implemented.
• Two recommendations are being finalised following ASIC’s approval of changes to AFCA Rules and Operational Guidelines, for complaints lodged on or after 1 July 2024 (Recommendations 4 & 6).

 

December 2023

With one year remaining in AFCA’s response to the Independent Review, the organisation has made significant progress in implementing important initiatives and remains on track to complete its work in responding by the end of 2024.

I am proud to report that, as of the end of the year, work has commenced on all 14 recommendations and we will complete several recommendations when AFCA’s Rules are updated on 1 July. We will share more detailed information about the different changes and communicate them to relevant stakeholders in the coming months.

The work that AFCA has done in the last two years has taken a considered approach to the recommendations from the Independent Review and suggested changes that have transformed the way AFCA operates.

Dr June Smith

AFCA’s new approaches consultation completed

In response to Recommendation 11, we have piloted consultation methods with the development of new AFCA approaches, most recently on our draft Responsible Lending Approach and Appropriate Lending to Small Business Approach, both of which have now been finalised and launched. 

AFCA is committed to ensuring we consult in a range of accessible, transparent and inclusive formats, to enable stakeholders to engage in a way that best suits them. In this consultation process we held six separate roundtable discussions with industry and consumer groups, and a public webinar, which received over 300 registrations. We received a total of 25 formal written submissions on the draft Responsible Lending Approach and 17 submissions on the draft Appropriate Lending to Small Business Approach, from a range of industry members, consumer groups and peak bodies. We thank our stakeholders for their participation and for providing us with thorough and insightful feedback and submissions.

AFCA incorporated considerations from the consultations and published both updated final approaches in late 2023 and early 2024. The learnings from this process have been used to create a guide for future AFCA consultations.

For any questions or more information, visit the new approaches consultation page.

AFCA publishes Responsible Lending Approach

AFCA’s final Responsible Lending Approach document has been published, which draws from feedback provided by a range of stakeholders including members, consumer groups, and industry bodies during six weeks of public consultation earlier in the year.

Considering the feedback, AFCA has provided greater clarity and ensure consistency in AFCA complaint outcomes.

Read the final Responsible Lending Approach document.

AFCA conducted a review and consultation on Appropriate Lending to Small Business around the same time as Responsible Lending. The results of that process will be published in early 2024.

Completing the Governance Model for Approach Consultations

AFCA has finalised its governance model for the development of AFCA Approach documents, which covers their complete life cycle including how AFCA consults with external stakeholders.

The need for a clear governance model arose from Recommendation 11 of the Independent Review, which was aimed at helping to identify unintended consequences before an approach was finalised.

The new consultation model was successfully tested with two draft AFCA approaches, including the Responsible Lending Approach discussed in the previous article and Small Business Lending Approach, which was published in early 2024.

In total, we received 25 submissions from our stakeholders for AFCA’s Responsible Lending Approach and 17 for AFCA’s Small Business Lending Approach. All non-confidential submissions have been published on the new approaches consultation page.

Read more at the New Approaches consultation page. 

Finalising AFCA’s Forward-Looking Review Mechanism (Recommendation 9)

Recommendation 9 of the Independent Review focuses on enhancing the visibility, accessibility and independence of AFCA’s Forward-Looking Review Mechanism. Our response to this recommendation is nearly finalised.

Forward-looking reviews (FLR) are one way that AFCA can receive and address stakeholder feedback and consider whether to alter its approach to a specific issue raised in a determination.

After reviewing an FLR, AFCA may determine that change is warranted, and it may affect our approach to resolving future complaints. It is not, however, a way to reopen a complaint or review the merits of a past decision.

AFCA shared an update with external stakeholders about the proposed model for the new FLRM governance model at our Member Forum in November 2023. The FLRM will be implemented when AFCA’s Operational Guidelines are updated on 1 July 2024.

AFCA’s Rules and Operational Guideline (OG) Change Consultation

The proposed Rules changes have been submitted to the Australian Securities and Investments Commission (ASIC) for approval. A Consultation Response Paper will be published in early 2024, detailing the overall response to the consultation and the final changes to the Rules and OGs, once the process is finalised.

AFCA adopted a new flexible consultation model to share information in different formats and provide details on the proposed change impact for specific industries, business sizes and consumer groups. We created a state-of-the-art website page, featuring an interactive online consultation paper ensuring a user-friendly and accessible experience for all stakeholders.

More than 1,100 people joined the 33 different consultation sessions. This resulted in 37 formal submissions and nearly 600 bits of informal feedback.

All of this feedback was carefully considered and helped shape the proposed Rules and OG changes that were submitted to ASIC. Once approved the updated Rules and Operational Guidelines will come into effect for complaints lodged on or after 1 July 2024.

AFCA looks forward to updating its stakeholders as this work progresses. 

Approach Consultation update (Recommendation 11)

In responding to Recommendation 11, consulting on AFCA approaches prior to finalisation to identify unintended consequences, we have piloted different consultation methods with the development of new AFCA approaches (e.g., Responsible Lending and Lending to Small Business).

This experience has assisted in shaping a governance model for the development of AFCA Approach documents which we undertook with the assistance of an external consultant. We are finalising the governance model which will cover the complete life cycle of an Approach document including how AFCA will consult with external stakeholders. Once finalised, we will update all stakeholders on the governance model. 

NEW: latest edition of the Systemic Issues Insights Report (Recommendation 13)

As part of our continued response to Recommendation 13, improving transparency of systemic issues in public reporting, AFCA has launched the latest edition of the AFCA FY22-23 Systemic Issues Insights Report. The information and data included in these quarterly reports is groundbreaking. It provides a range of insights to policy makers, industry and the public that goes to the heart of AFCA’s goal to improve industry practices through the public provision of its data and evidence.

In the reported period, AFCA identified and investigated systemic issues resulting in more than $61 million in remediation being returned to 145,480 consumers. This compares with $38 million returned to 186,924 in the previous report covering July to December 2022.

The report shares data and findings from a range of recent systemic issues cases across the industry, including misreported credit information and poor debt collection practices, inconsistent settling of motor vehicle insurance claims, and inadequate disclosure of increases to life insurance premiums. 

Visit www.afca.org.au/about-afca/systemic-issues for more or reach out to the Systemic Issues team at systemicissues@afca.org.au with any questions.

Progress across a range of other Recommendations

AFCA has made significant progress across several recommendations, including:

• Establishing a project team to develop clearer guidance to support consistent treatment of further issues and inform key stakeholders (Recommendation 1). 
• A review the implementation of our Fairness Jurisdiction project (Recommendation 2) and has commenced an independent review of a sample of AFCA determinations for matters related to fairness and impartiality (Recommendation 3).
• Developed and published guidance for fee paid representatives about how to engage with our service (Recommendation 4) and progressing a change to AFCA’s Rules, to further clarify how AFCA will manage fee paid representatives.
• A range of work is underway to specifically address timeliness (Recommendation 5), including a continuous improvement program focused on operational efficiency and effectiveness and the implementation of a new complaint management system, including a consumer and member portal. We will continue to report annually on complaints, including on the timeliness of complaints handling. This year, we have published additional data and financial information in our Annual Review to increase transparency of our work and are looking at other ways we can regularly share data with our stakeholders. 
• Improved the visibility of the Independent Assessor to all parties to a complaint (Recommendation 10). 
• The transformation of AFCA’s systemic issues function, with more work in progress.
• Provided details to stakeholders on AFCA’s role identifying, investigating and reporting systemic issues and the different roles that AFCA and regulators play (Recommendation 12).

 

September 2023

In the two years since commencing its response to the Independent Review, AFCA has made significant progress in implementing a range of important initiatives, completing work in responding to four recommendations and making strong progress across another eight recommendations. We remain on track to meet our commitment to complete work in responding to all recommendations by December 2024.

AFCA’s Rules and Operational Guideline (OG) Change Consultation

AFCA consulted on proposed changes to its Rules and Operational Guidelines (OGs) from Monday 27 March to Monday 22 May, 2023. The proposed changes were developed to address several recommendations made in Independent Review, with some additional changes to help ensure our Rules and OGs remain accurate, up-to-date and provide clearer guidance about AFCA’s jurisdiction and processes.

All of the proposed amendments respond to feedback from our stakeholders, including government, AFCA members, community stakeholders and AFCA colleagues.

Since the completion of AFCA’s Rules and OG Change Consultation, AFCA has reviewed all stakeholder feedback and, where appropriate, incorporated it into the proposed changes to the Rules and OGs.

AFCA was pleased to receive a total of 37 formal written submissions during consultation. We thank our stakeholders for their submissions and engagement throughout the consultation process.

The proposed Rules changes have now been submitted to the Australian Securities and Investments Commission (ASIC) for approval. A Consultation Response Paper will be published, detailing the overall response to the consultation and the final changes to the Rules and OGs, once the process is finalised. AFCA looks forward to updating its stakeholders as this work progresses.

AFCA Discretion Framework

Following stakeholder feedback about the proposed Rules and OG changes, we have also commenced development of an AFCA Discretion Framework. This will assist our stakeholders to understand how and when AFCA exercises discretion within our Rules and will support greater consistency and fairness in our decision making.

Comprehensive review of AFCA’s funding model (Recommendations 7 and 8)

AFCA’s new funding model has now been in place for more than a year. A review of the model has been completed, indicating it is operating as intended and has achieved its objectives of being fit-for-purpose, sustainable and fair.

Actual fees and the distribution to members closely aligned to the modelling completed as part of the design of the new model during the 2022 financial year. The ‘user-pays’ feature is functioning as expected with the heaviest users of AFCA’s service paying their fair share.

AFCA saw a significant increase in complaint volumes during the year. The review found the proportion of complaints closed at each stage have remained relatively stable year on year, indicating the model has not driven a change in behaviour from members or consumers because of published and reduced fees. For more information visit the AFCA funding model page.

Forward-Looking Review Mechanism update (Recommendation 9)

AFCA has now consulted on the changes required to AFCA’s Operational Guidelines to implement Recommendation 9, by enhancing the visibility, accessibility and independence of the forward-looking review mechanism The proposed changes to the Operational Guidelines will take effect from 1 July 2024, following ASIC approval.

The governance model for AFCA’s Forward-Looking Review Mechanism (FLRM) is currently being finalised with Deloitte. We plan to update external stakeholders about the proposed FLRM model at our external stakeholder forums in November 2023.

Approach Consultation update (Recommendation 11)

In responding to Recommendation 11, consulting on AFCA approaches prior to finalisation to identify unintended consequences, we have piloted different consultation methods with the development of new AFCA approaches (e.g. Responsible Lending and Inappropriate Lending to Small Business).

This experience has assisted in shaping a governance model for the development of AFCA Approach documents with Deloitte, which we are currently finalising. The proposed governance model covers the complete life cycle of an Approach document including how AFCA will consult with external stakeholders. Once finalised, we will update all stakeholders on the governance model. This will include an update about the process for Approach document development at our external stakeholder forums in November 2023.

AFCA’s new approaches consultation closes

In response to Recommendation 11, we have piloted consultation methods with the development of new AFCA approaches, most recently completing consultation on our draft Responsible Lending Approach and Inappropriate Lending to Small Business Approach. Consultation on AFCA’s draft Responsible Lending Approach closed on 11 September and consultation on the Appropriate Lending to Small Business Approach closed on 29 September.

AFCA is committed to ensuring we consult in a range of accessible, transparent and inclusive formats, to enable stakeholders to engage in a way that suits them. This consultation included six separate roundtable discussions with industry and consumer groups, and a public webinar, which received over 300 registrations. We received a total of 25 formal written submissions on the draft Responsible Lending Approach and 17 submissions on the draft Appropriate Lending to Small Business Approach, from a range of industry members, consumer groups and peak bodies. We thank our stakeholders for their participation and for providing us with thorough and insightful feedback and submissions.

AFCA is currently considering and responding to submissions and will publish all non-confidential submissions in coming months. We aim to publish both updated final approaches in late 2023 to early 2024.

For any questions or more information, visit the new approaches consultation page.

NEW: latest edition of the Systemic Issues Insights Report (Recommendation 13)

As part of our continued response to Recommendation 13, improving transparency of systemic issues in public reporting, AFCA has launched the latest edition of the AFCA FY22-23 Systemic Issues Insights Report. The information and data included in these quarterly reports is groundbreaking. It provides a range of insights to policy makers, industry and the public that goes to the heart of AFCA’s goal to improve industry practices through the public provision of its data and evidence.

In the reported period, AFCA identified and investigated systemic issues resulting in more than $61 million in remediation being returned to 145,480 consumers. This compares with $38 million returned to 186,924 in the previous report covering July to December 2022.

The report shares data and findings from a range of recent systemic issues cases across the industry, including misreported credit information and poor debt collection practices, inconsistent settling of motor vehicle insurance claims, and inadequate disclosure of increases to life insurance premiums.

Visit www.afca.org.au/about-afca/systemic-issues for more or reach out to the Systemic Issues team at systemicissues@afca.org.au with any questions.

Progress across a range of other Recommendations

AFCA has made significant progress across several recommendations, including:

• Establishing a project team to develop clearer guidance to support consistent treatment of further issues and inform key stakeholders (Recommendation 1). 
• Completing a post implementation review of our Fairness Jurisdiction project (Recommendation 2) and commenced an independent review of a sample of AFCA determinations, reviewing for matters related to fairness and impartiality (Recommendation 3).
• Developing guidance for fee paid representatives about how to engage with our service (Recommendation 4) and progressing a change to AFCA’s Rules, to further clarify how AFCA will manage fee paid representatives.
• A range of work is underway to specifically address timeliness (Recommendation 5), including a continuous improvement program focused on operational efficiency and effectiveness and the implementation of a new complaint management system, including a consumer and member portal. We will continue to report annually on complaints, including on the timeliness of complaints handling. This year, we have published additional data and financial information in our Annual Review to increase transparency of our work and are looking at other ways we can regularly share data with our stakeholders. 
• Continuing to improve the visibility of the Independent Assessor to all parties to a complaint (Recommendation 10). 
• The transformation of AFCA’s systemic issues function, with more work in progress.
• Continuing to engage with all stakeholders on AFCA’s role identifying, investigating and reporting systemic issues and the different role that AFCA and regulators play (Recommendation 12).

 

June 2023

AFCA has continued work in response to the Independent Review making progress across 12 recommendations, with work complete on four of these.

AFCA’s Rules and Operational Guidelines consultation concludes

In May, AFCA concluded its consultation on proposed changes to AFCA’s Rules and Operational Guidelines. The proposed changes have been developed to address recommendations made in the Independent Review, with some additional changes to help ensure our Rules and Operational Guidelines remain accurate, up-to-date and provide clearer guidance about AFCA’s jurisdiction and processes.

The consultation period involved engagement with various stakeholders, including financial firms, industry associations, peak bodies, paid representatives and consumer representatives, to gain feedback on the proposed changes (outlined in the Consultation Paper). AFCA also met with and provided regular updates to regulators and Treasury. 

To date, AFCA has received 37 formal submissions, including four confidential submissions. AFCA will now review the feedback and submissions over coming months. The final outcomes of the Consultation will be shared in September. 

Following approvals, the proposed new Rules and Operational Guidelines will commence on 1 July 2024.

NEW: Edition two of the Systemic Issues Insights Report

As part of our continued response to Recommendation 13, improving transparency of systemic issues in public reporting, we launched the second edition of the AFCA FY22-23 Systemic Issues Insights Report in May 2023. The report delivers on our commitment to transparency and sharing key systemic issues insights with consumers, members and stakeholders. The report shares recent data and findings from a range of systemic issues cases across the industry, helping financial firms improve industry practice.

Visit www.afca.org.au/about-afca/systemic-issues for more or reach out to the Systemic Issues team at systemicissues@afca.org.au with any questions. 

Improving transparency of timeliness with AFCA’s IT transformation

AFCA is currently undertaking an IT transformation project to ensure it provides a modern, efficient and user-friendly experience for all. The transformation includes new technology, streamlined processes and integrated systems, all designed to support fair, effective, and timely dispute resolution. ​The implementation of these new systems is a key part of AFCA’s response to Recommendation 5, improving transparency of timeliness and better managing timeliness expectations.

In FY24, three key products will launch: a new and enhanced member portal for financial firms, a new consumer portal for complainants and their representatives and a new case management system for AFCA’s people. Not only will these systems talk to each other to significantly improve efficiency, they will also improve communication and transparent information sharing among parties to support fair and timely dispute resolution.​ 

Forward-Looking Review Mechanism update (Recommendation 9) 

Changes required to AFCA’s Operational Guidelines for Recommendation 9, enhancing visibility, accessibility and independence of the forward-looking review mechanism, have been consulted on through AFCA’s Rules Consultation.

AFCA has competed research on models for forward-looking review mechanisms and is considering recommendations. When developed, we will invite feedback on the mechanism.

Approach Consultation update (Recommendation 11)

For Recommendation 11, consulting on AFCA Approaches prior to finalisation to identify unintended consequences, AFCA has completed research on consultation models and is considering recommendations. We are piloting consultation methods with the development of new AFCA approaches (e.g. Responsible Lending and Inappropriate Lending to Small Business).

 

March 2023

AFCA has continued work in response to the Independent Review making progress across 12 recommendations, with work complete on four of these.

Consultation on AFCA’s Rules and Operational Guidelines 

AFCA is consulting on proposed changes to its Rules and Operational Guidelines, from 27 March to 22 May 2023.

The proposed changes have been developed to address recommendations made in the Independent Review, with some additional changes to help ensure our Rules and Operational Guidelines remain accurate, up-to-date and provide clearer guidance about AFCA’s jurisdiction and processes. Due to dependencies on these changes, we have also revised completion dates for recommendations 4, 6 and 9 to 2024.

AFCA welcomes feedback and invites all stakeholders to make a submission to its Rules and Operational Guidelines consultation. Please note submissions or feedback should be provided by Monday 22 May 2023.

You can find further details about the consultation, including the consultation paper and details on how to provide a submission, on the Rules and OGs Consultation website.

 

December 2022 Update

AFCA has continued work in response to the Independent Review making progress across 12 recommendations, with work complete on 4 of these. Notable updates include increasing the visibility of AFCA’s Independent Assessor and enhancing transparency of systemic issues.

Improving visibility of the Independent Assessor

Our work improving the visibility of the Independent Assessor, recommendation 10, has now come to a close, with the delivery of enhanced public resources, member resources, internal training and presentations to consumer organisations. While this project work has completed, AFCA will maintain an ongoing focus on raising the visibility of AFCA’s service and feedback measures, including the Independent Assessor, to ensure we continue to provide an accountable service.

Improving the transparency of systemic issues

In 2022 we completed our work to become more transparent in our public reporting of systemic issues with the launch and publication of AFCA’s Systemic Issues insights report and case studies. The insights report shares key information such as industry themes and issues, and the nature and impact of complaints. We will continue to share key insights on systemic issues and report on these regularly to key stakeholders, with increasing visibility of systemic issues an ongoing focus.

Reviewing AFCA’s Rules and Operational Guidelines

To help us deliver on our Independent Review commitments, we have commenced work reviewing our Rules and Operational Guidelines, as a core component of several recommendations.

Following scoping and early consultation, we know the work required to change our Rules and Operational Guidelines will be more extensive than initially proposed. For example, recommendation 6 about complaints from sophisticated and professional investors has now been revised for completion in 2023. We look forward to consultation and keeping stakeholders informed as we progress this important work.

 

October 2022 Update

AFCA has continued work in response to many of the review’s recommendations and has made progress across 12 recommendations, with notable updates including new processes and resources for paid advocates, enhanced transparency in the recent AFCA 2021–2022 Annual Review and reviewing AFCA’s Rules.

Required information process and guidance for paid advocates

AFCA has improved its process to ensure paid advocates provide the required information when making complaints on behalf of consumers.

From Monday 5 September 2022, all paid representatives must provide additional information when lodging a complaint. If the information is not provided, or a representative’s conduct does not meet AFCA’s expectations, AFCA can refuse to consider the complaint under AFCA Rule C.2.2(g).

To support paid representatives with this change, AFCA has published new information online about the information required for different types of complaints, and the expectations under the AFCA Engagement Charter.

This new process will improve efficiency and address the poor conduct of some paid advocates (recommendation 4). Over the next year, AFCA will address this recommendation further, through changes to its Rules and Operational Guidelines and establishing a new approach with input from key stakeholders.

Improving transparency of timeliness and funding

On Monday 17 October 2022, AFCA published its 2021–22 Annual Review, which included enhanced reporting on timeliness and AFCA’s funding. 

The open cases section improved transparency of timeliness (recommendation 5) by providing information on the number of open cases, their age, and their stage in AFCA’s process. For the first time, data from the previous three years was included to enable comparison of performance year on year. 

We have done this to increase transparency about complaint trends, with the ultimate goal of improving practices and minimising complaints. We have also included more information about where complaints resolve in our process and in who’s favour.

The AFCA General Purpose Financial Report 2021-22 section addresses recommendation 8 by providing transparency about AFCA fees and the services and activities it funds. We also included a new and easy-to-read high-level breakdown of how AFCA used its funds in 2021–22. Following the successful launch of AFCA’s new funding model in July 2022, this reporting is the final deliverable of recommendations 7 and 8 and completes these programs.

AFCA would again like to thank members and stakeholders for their engagement with the consultation and the implementation of the new funding model.

AFCA will continue to provide members with updates about the ongoing performance of the model over time.

For more information, read the AFCA 2021–22 Annual Review.

Reviewing AFCA’s Rules and Operational Guidelines

To help us deliver on our Independent Review recommendations, we have commenced work reviewing our Rules and Operational Guidelines (OG). Ensuring our Rules are clear and effective is also part of our existing and ongoing commitment to continuous improvement. We look forward to consulting with all stakeholders and keeping stakeholders informed as we progress with this important work.

 

July 2022 Update

Since March, AFCA has continued work in response to many of the review’s recommendations, with a focus on implementing the new AFCA funding model, timeliness reporting, and increasing visibility of AFCA’s Independent Assessor.

Funding model

AFCA’s new funding model launched on 1 July 2022. The model’s ‘user pays’ principle will ensure heavy users of AFCA’s services pay their fair share, while firms and industries which receive few or no complaints pay less. 

Many of the model’s features — including a simplified fee structure, the introduction of five free complaints, and reduced complaint fees—directly align with Independent Review recommendations 7 and 8 by ensuring the funding model design does not disincentivise firms from defending complaints, and by making AFCA’s fees and charges more transparent and easier to understand.

AFCA would like to thank all those who took part in the consultation. The number of webinar attendees, views of the consultation resources, questions and submissions was the highest AFCA has ever received during a consultation.

Feedback from stakeholders helped us improve the model even further by introducing small changes, such as progressive invoicing for members with higher annual user charges, and not charging a rules fee for complaints found to be outside AFCA’s jurisdiction.

AFCA members will receive complaint invoices under the new model in August. 

For more information, please visit the funding model consultation report and new funding model page. 

Improving transparency and reporting of timeliness

AFCA has recently published our FY22 Data snapshot, which includes timeliness data. Over the past year, the average time to resolve a dispute decreased from 76 days (FY21) to 72 days (FY22). There has also been significant progress on closing complaints older than 12 months, reducing these cases from 4% of all complaints at AFCA to just 2.4%. 

This data indicates that AFCA’s recent work is having an impact and that members are continuing their efforts to resolve complaints in a timely manner.
 
Later this year, to further address recommendation 5, the AFCA Annual Review 2022 will include more timeliness reporting, including: 

• new timeliness measure to better represent where complaints resolve during AFCA’s process
• information about AFCA’s internal working group addressing complaints that remain unresolved beyond 12 months, and our continuous improvement program focused on operational efficiency
• an update on the development of AFCA’s new case management system and Member Portal, which will improve efficiency and provide more insights about complaints and timeliness. 

Improving visibility of the Independent Assessor 

To address recommendation 10, AFCA has published new easier-to-access information about the service complaints process. This includes: 

• Simplified resources on how AFCA handles feedback and complaints about our service
• New information on the Independent Assessor including the steps to follow when lodging a complaint with the Independent Assessor and updated frequently asked questions 
• AFCA is also developing short videos about the Independent Assessor and our service complaints and feedback process to ensure this information is available in multiple accessible formats. 

 

March 2022 Update

Work is underway to respond to the review's recommendations across the whole of AFCA. This includes using the review to inform and focus the aims of our existing projects such as the AFCA funding model, IT transformation and fairness jurisdiction project.

Funding model

AFCA is currently consulting on a new funding model to be introduced on 1 July 2022.

The AFCA Independent Review, member feedback, and the Ramsay Review of the Financial System EDR and Complaints Framework, have all influenced the model’s development.

The proposed model is designed to be efficient, sustainable, responsive and support early resolution of complaints. 

The new model addresses recommendation 7 and 8 of the AFCA Independent Review by ensuring firms are not disincentivised from defending complaints and making AFCA's fees more transparent and easy to understand.

For more information visit the AFCA funding model consultation page.

IT transformation

Since the Independent Review report was published, AFCA has launched a new benchmarking dashboard for members to access real-time data about their complaint performance and compare it with the performance of similar financial firms.

This is just the first in a series of system launches and upgrades to benefit members, complainants and AFCA staff. Future launches include a redesigned member portal, new consumer portal, and upgraded complaint management system.

The IT transformation supports recommendations related to timeliness, efficiency, and transparency by allowing AFCA to use data, analytics, and automation to improve processes and provide insights on complaints and how they progress though AFCA’s process.

AFCA fairness jurisdiction project

AFCA has completed another significant component of the fairness jurisdiction project. The new AFCA fairness storybook summarises AFCA fairness jurisdiction and provides information on how AFCA ensures it is applied consistently and in a way that is fair for members and complainants.