2020–21 Annual Review

Legacy complaints

In 2019, following the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Commonwealth Government expanded AFCA’s jurisdiction to hear financial complaints related to conduct going back to 1 January 2008, outside the normal six-year rule that applied in AFCA.

AFCA was able to receive these ‘legacy’ complaints for a 12-month period that ended on 30 June 2020.

For the period of 1 July 2019 to 30 June 2020, AFCA received 1,917 total legacy complaints.

From 1 July 2020, AFCA could no longer receive new legacy complaints but could continue finalising complaints that were lodged during the legacy lodgment window.

Since the commencement of this jurisdiction, $28.6 million in compensation and refunds was awarded or obtained through AFCA’s legacy dispute resolution work, with $12.7million awarded in 2020–21.

AFCA continues to finalise complaints under our legacy jurisdiction, with 231 complaints open at the end of 2020–21.

Legacy complaints are complex due to the time that has passed from the date of the event that gave rise to the claim. This has placed challenges on consumers and financial firms to provide documentation and accurate recollections relevant to the complaint. Despite these challenges, AFCA has been successful in working with parties to reach outcomes for many legacy complaints, with only a small number remaining to be finalised.

Between 1 July 2020 and 30 June 2021

875 closed

231 open

Stage at which legacy complaints closed
Stage Total
Closed Registration 50
Closed Rules Review 209
Closed Case Management 275
Closed Preliminary View 140
Closed Decision 201

 

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