How To Submit A Case

The Australian Financial Complaints Authority (AFCA) first try to resolve a complaint by informal methods and reach a settlement between you and the financial firm through negotiation or conciliation.


Your role

Before complaining to AFCA, it is a good idea to complain directly to your financial firm first, using their internal dispute resolution process, though it is up to if you wait for a response before submitting a complaint to AFCA and check the time limit to complain about your particular issue.

It will save you time in the application process to work out the issue/s you want to complain about.

Think about what type of loss you have experienced, and what sort of outcome or remedy you want to achieve.

AFCA will only provide a remedy if they decide you have incurred loss or harm that was caused by the financial firm's conduct.

Before complaining, it is a good idea to also collect any relevant documents that will help support your complaint.

You will then need to take the information you have collected and fill in the online form here: https://ocf.afca.org.au/

Then fill in the authority form here: https://bankingcomplaints.com.au/authority-form.asp or contact us for a form with our details prefilled to complete and email to AFCA.


Our role

Once AFCA receives the form, we take over communication and keep you informed throughout the whole process. At the informal stage, we will consult with and advise you on any offers to settle and negotiate for a deal you are happy to accept.

If a deal is not made or AFCA goes straight to a formal method, we will read requests for submissions and responses from the other party and write replies that are sent to you for approval before submitting them to AFCA. We will discuss with you the best strategies for success and what communications from AFCA and the other party may mean and help you avoid or leap possible hurdles placed in your way.

If you have any questions or concerns at any stage of the process, your friendly SCAMAssist representative is happy to chat with you and discuss your concerns.


The process

AFCA aims to resolve complaints in the most fair, effective and efficient way possible, so depending on the issue, they will first try to resolve a complaint by informal methods if appropriate, and reach a settlement between you and the financial firm through negotiation or conciliation. If this doesn't work, they may provide a preliminary assessment about the merits of your complaint, or may move to make a decision (called a determination).

If a determination is made in your favour and you accept it, the financial firm is required to comply with the determination and any remedy awarded.

For superannuation complaints, any determination is binding on both parties.

The method AFCA chooses depends on the parties, their circumstances and the nature of their relationship/communications as their main goal is to resolve the complaint in a fair, cooperative, efficient and timely manner.

Typically, the parties have seven days (for fast track complaints) or 30 days (for other complaints) to tell AFCA whether they are willing to settle a complaint based on the preliminary assessment they have provided or whether they want the complaint to proceed to a determination.


Determination (a binding decision)

A determination is the final stage in the complaint resolution process. For complaints not relating to superannuation and a regulated superannuation fund, you may choose to accept the decision or not. Other than by reference to the courts, it is not possible to appeal a determination.

When determining a complaint, the AFCA decision maker must do what is fair in all the circumstances, and take into account:

• legal principles


• applicable industry codes or guidance


• good industry practice


• previous relevant determinations of AFCA or predecessor schemes.

There are different decision-making requirements for superannuation complaints. When determining a superannuation complaint, the AFCA decision maker must consider whether the original decision made by a trustee, insurer, RSE provider or other person was fair and reasonable in all the circumstances.

If they are satisfied that the trustee's decision was fair and reasonable in relation to the complainant (and, in the case of a decision about payment of a death benefit, all joined parties) in the circumstances, they must affirm the original decision.

A determination will be made in writing and will outline the reasons for the decision. Any remedy awarded, whether it be monetary compensation or some other remedy will also be included. The financial firm is required to comply with the decision if you choose to accept it.

If you accept the determination, the financial firm must provide any remedy in the determination within the timeframe stated. Determinations for superannuation complaints, however, normally come into effect immediately once they are made, and do not require you to accept the determination.

If a financial firm does not comply with a determination, AFCA will report this to ASIC.

For non-superannuation complaints, if you choose not to accept the determination, you have a right to pursue your claim against the financial firm through the courts. If you accept the determination the complaint will normally resolve on the basis set out in the determination, but if for some reason you become dissatisfied with this outcome and wish to take your matter to another forum, you should seek legal advice.

Free Review