ARTICLE
14 October 2023

A comprehensive guide to lodging a complaint with the Australian Financial Complaints Authority

CO
Carroll & O'Dea

Contributor

Established over 120 years ago, Carroll & O’Dea Lawyers offers expert advice and strong advocacy for clients. With a commitment to high-level service and legal expertise in all areas, they blend tradition with modern skills.
Explains the process of lodging a complaint with AFCA and how to seek resolution for your financial dispute.
Australia Finance and Banking
To print this article, all you need is to be registered or login on Mondaq.com.

The Australian Financial Complaints Authority (AFCA) is an independent dispute resolution scheme that offers a straightforward and accessible way for consumers and small businesses to resolve complaints with financial firms operating in Australia. Whether you're dissatisfied with your bank, insurance provider, or other financial institution, AFCA provides a mechanism to address your concerns. This article explains the process of lodging a complaint with AFCA and how to seek resolution for your financial dispute.

1. Determine that your complaint is eligible

Before proceeding, it's essential to ensure that your complaint falls within AFCA's jurisdiction. AFCA handles complaints related to various financial services, including banking, insurance, superannuation, investments, and credit. Your complaint should involve a financial firm that is a member of AFCA. You can check AFCA's website or contact them to confirm if your issue is eligible.

2. Contact your financial firm first

In most cases, AFCA expects complainants to attempt to resolve the issue directly with the financial firm before involving AFCA. Contact the firm's customer service or complaints department and explain your concerns. Make a record of your communication, including dates and names of individuals you spoke with. You should go through any internal review process that is applicable as well before making your complaint to ACFA.

3. Gather relevant documents and information

To support your complaint, gather all relevant documents, correspondence, and evidence related to your issue. This might include contracts, statements, emails, or any other records that can help AFCA assess your case accurately.

4. Lodge your complaint online

AFCA offers a user-friendly online complaint lodgment process:

  1. Visit the AFCA website at www.afca.org.au.
  2. Click on the "Make a Complaint" option.
  3. Follow the on-screen instructions to create an account or log in if you already have one.
  4. Fill out the online complaint form, providing detailed information about your issue, the financial firm involved, and your desired resolution.
  5. Upload any supporting documents when prompted.
  6. Review your complaint for accuracy and completeness before submission.

5. Await AFCA's response

After submitting your complaint, AFCA will acknowledge receipt of your application and assign a case manager to your dispute. They will review the information you provided and may request additional details or documents if necessary.

6. Participate in the resolution process

AFCA encourages open communication between all parties involved. Your case manager will facilitate discussions between you and the financial firm to reach a resolution. Be prepared to engage in these discussions and provide any requested information promptly.

7. Accept or reject the outcome

Once a resolution is proposed, AFCA will provide you with a formal decision. You can choose to accept or reject the outcome. If you accept, the financial firm is bound by AFCA's decision and must comply with it. If you reject the decision, you may need to explore other legal avenues for redress.

8. AFCA's Decision

If you accept the decision or AFCA makes a determination on your behalf, the financial firm is legally obligated to comply. AFCA will ensure the resolution is implemented. You may wish to obtain legal advice regarding any step of this process, a lawyer can assist you through the process if you require and can also provide advice regarding any subsequent legal proceedings if you are not satisfied.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More