What you can do if we are not meeting the Charter

Where an AFCA staff member behaves inappropriately, it should be reported to the staff member’s manager or through our feedback process in the first instance. 

If our service has not met your expectations, you can make a service delivery complaint. If you are not happy with AFCA’s service complaint team’s response, you can refer your concerns to the Independent Assessor, who is appointed by the AFCA Board. (Rule A.16) 

Further details about our service complaints process can be accessed on our webpage.

What we will do if you are not meeting the Charter

Our expectations focus on a fair process to achieve a fair outcome. This means parties must engage genuinely and respectfully with our service and each other to help us to resolve a complaint. We expect parties to engage with our complaint resolution process and do what is requested and required of them to facilitate a timely and fair outcome. 

AFCA will use all of the tools available to us under our Rules to ensure that complaints are dealt with efficiently and effectively. If, for example, you fail to provide information when we request it, we may draw an adverse inference. See AFCA Rule A.9.5. 

We may stop engaging with a party in exceptional circumstances. This includes if a party refuses to engage with our process or displays conduct that is not in accordance with this Charter. 

If we think you are not meeting the standards set out in this Charter, we will raise that with you. 

Implications for financial firms 

Where a financial firm behaves inappropriately, we may take steps in line with our constitution to expel the financial firm or refer such conduct for review by the appropriate body. See AFCA Rules A.17 and A.18.

Implications for complainants

Where a complainant behaves inappropriately or fails to provide information (see AFCA Rules A.8.4b), A.9.5b), B.6.1a), C.2.2d) and C.2.2h)), we may:

•  communicate with them only by phone or in writing
•  require the complainant to appoint a representative with whom we can communicate
•  continue looking at a complaint subject to further criteria (for example, providing more information) 
•  close (or otherwise exclude) the complaint
• exclude the complainant from the AFCA scheme for a period of up to 6 months.

Implications for representatives (paid or unpaid)

Where a representative behaves inappropriately, or against the complainant’s best interests (see AFCA Rules A.8.4, B.6.1), we may:

• communicate with the representative only by phone or in writing
• deal only with the complainant directly, including communicating only with the complainant
• close (or otherwise exclude) the complaint
•  exclude a Paid Representative from the AFCA scheme for a period of up to 12 months.

If the representative is also a member of AFCA, AFCA’s membership obligations also apply.

If you have any queries about this Charter, please raise it with your complaint handler.