Proposed changes to AFCA Rules

Transfer of remaining SCT complaints to AFCA

The Superannuation Complaints Tribunal will cease operations after 31 December 2020.
AFCA needs to amend its Rules to ensure there are appropriate arrangements in place to address the following possible events:

  • any remaining complaints currently with the SCT are unable to be finalised prior to the SCT ceasing operations, or 
  • any matters that are before the Federal Court on appeal from the SCT are not finalised prior to SCT ceasing operations and require remittal back to be determined again, or finalised in accordance with the Court’s directions.

The proposed changes will allow AFCA to consider these complaints and will not otherwise affect what complaints it can consider.

Other administrative Rules changes

In addition, AFCA proposes to make two minor technical changes to the Rules to:

  • clarify which Australian Bureau of Statistics reports are used to index AFCA’s monetary limits, and
  • to correct a reference to legislation.

Consultation on Rules amendments

We invite you to review the consultation documents provided below. The scope of this consultation is explained in the consultation paper and feedback provided should be within this scope.

Following consultation, the proposed amendments to the Rules will be provided to ASIC for review and approval, which may result in further changes. It is anticipated that the relevant amendments to the Rules will be released by January 2021.

Reminder: Last day to provide feedback

Your submission can be emailed to submissions@afca.org.au before COB Friday 16 October 2020.
Submissions will be published on our website – please mark your document as ‘confidential’ if you do not want it published.

If you have any questions about the consultation, please contact Mike D’Argaville on (03) 8623 2004 or by email at submissions@afca.org.au. Media enquiries can be emailed to media@afca.org.au.