Sometimes financial firms, industry bodies or consumer representative groups have concerns about specific aspects of the way AFCA has approached decisions in a particular determination. AFCA is committed to providing an accessible and transparent mechanism to do this via a forward-looking review, which is one way AFCA takes on feedback and considers whether to alter its approach. This Forward-Looking Review Mechanism (FLRM) is not a way to re-open a complaint or review a past decision but may affect future decisions, if it is found that change is warranted.
AFCA’s FLRM provides certain stakeholders, known as applicants, with an avenue to raise significant concerns about AFCA’s approach to an issue in a determination.
For determinations made on or from 1 July 2024, applicants can raise concerns about the underlying approach taken by AFCA:
- when applying legal principles, applicable industry codes, and/or guidance, good industry practice to an issue in a determination and its consistency with the AFCA scheme principles and
- causing a significant impact to a class of consumers, businesses or transactions.
The FLRM is not a mechanism to re-open or seek a review of an existing complaint or a determination made by AFCA. FLRM is not a process to review AFCA’s position on a jurisdictional issue.
AFCA has other mechanisms available for informal reviews of determinations or approaches taken by AFCA in a particular determination. This includes discussions with the Lead Ombudsman in the relevant product area. It is generally preferable that these mechanisms are used before a forward-looking review application is made. This is consistent with the nature of the scheme’s procedures for appeal as per A.15 in the Operational Guidelines to the Rules.
Download the Forward-Looking Review Mechanism submission form
Who is the FLRM for?
The forward-looking review process is designed for financial firms, industry associations and consumer and small business representative organisations.
Individual complainants are not able to apply for a forward-looking review, as they are not bound to accept AFCA’s determinations.
When can an application be made?
For determinations made by AFCA on or after 1 July 2024, a request for a forward-looking review must be submitted within 12 months of the determination being issued. The applicant must be able to demonstrate that the AFCA determination adopts an approach that is likely to have a significant impact across a class of consumers, businesses or transactions. Please see the access criteria section below for more information.
Please note: to request a forward-looking review, an applicant does not need to have been a party to, or a representative in, the determination in question.
Forward-looking review process for determinations made on or after 1 July 2024
Generally, a discussion with the relevant Lead Ombudsman about the concern with AFCA’s approach will need to be undertaken before the forward-looking review application can proceed.
To request a formal forward-looking review for a determination made on or after 1 July 2024, please complete the FLR request form linked at the bottom of this page and submit it to AFCA by following the instructions in the form together with an application fee. You can also see the request process outlined in the steps below.
- If you have a concern with the approach taken by AFCA in a determination, you can reach out to the relevant Lead Ombudsman to explain your concern.
- We will consider your concern and will provide you with a response as part of an informal review.
- Following the informal review, certain parties may be eligible to request a forward-looking review by completing the FLR request form and submitting it to AFCA. You can download the FLR request form from the bottom of this webpage or on the Publications page.
- Once you have submitted the FLR request form, our team will review the request to check the accuracy and completeness of the information provided. If the information recorded is incomplete, our team will contact to you to finalise the form.
- Once our team confirms the form is complete, you will be issued with a written acknowledgement, confirming we have received your request and explaining the indicative next steps including the application fee to be paid.
- We will assess your request to confirm if the access criteria has been met. If the access criteria has been met, the request will be accepted. If the access criteria has not been met, the request will be rejected. We will inform you of our decision to accept or reject the request via your preferred contact method. If we reject your request, the process ends here. AFCA’s decision is binding and cannot be appealed or challenged.
- If we accept your request, we may ask you to enter into a Cost Contribution Agreement with AFCA to cover certain costs that will be incurred when completing the forward-looking review. See the Cost Contribution section below for more information.
- We will convene a ‘review group’ made up of a Lead Ombudsman, Industry Panel Member and Consumer Panel Member. The review group will assess your request and may obtain external advice. The review group will make a recommendation to the Deputy Chief Ombudsman as to whether AFCA should change its approach in future decision making.
- The Deputy Chief Ombudsman can accept, reject, or amend the recommendation made by the review group. The decision made by the Deputy Chief Ombudsman is called the ‘FLR Decision’. We will notify you of the FLR Decision via your preferred contact method. The FLR Decision is final and cannot be appealed or challenged.
Access criteria
Generally, a discussion with the relevant Lead Ombudsman about the concern with AFCA’s approach will need to be undertaken before the Forward-Looking Review application can proceed.
To access the forward-looking review process, the following criteria must be met.
- The applicant must be a:
- financial firm,
- industry association,
- consumer representative organisation, or
- small business representative organisation.
- The determination or approach cannot be the subject of court proceedings, including a test case or appeal of a determination.
- The determination must have been made on or after 1 July 2024.
- If the issue raised in the forward-looking review request relates to an approach taken when dealing with one or more complaint, a determination must have been issued for the complaints.
- At least one of the relevant determinations must have been accepted by the complainant and paid.
- The forward-looking review request must be made within 12 months from the date the determination in question was issued.
- The applicant must demonstrate that AFCA has adopted an approach that is likely to have a significant impact on a class of consumers, businesses, or transactions in future complaints.
- The applicant must acknowledge the final and binding nature of:
- the determinations in question,
- AFCA’s decision to accept or reject the FLR request, and
- AFCA’s FLR Decision at the conclusion of the forward-looking review (if AFCA accepts the request).
Application fee and cost contribution agreements for forward-looking reviews
AFCA will incur costs when completing forward-looking reviews . As a result, AFCA will generally require:
- applicants pay a non-refundable application fee when submitting a request for a forward-looking review
- successful applicants to sign a cost contribution agreement consisting of:
- an upfront fee to cover some of AFCA’s internal costs prior to AFCA conducting a forward-looking review
- external costs arising during a forward-looking review which are payable at the conclusion of the forward-looking review.
AFCA has discretion to take into account the size, nature and financial situation of the applicant together with the nature of the application when assessing the cost contribution to be made. A discount will be applied at AFCA’s discretion to the Application Fee, Review Fee and/or External Costs charged to consumer representative organisations and small business representative organisations. This will be decided on a case-by-case basis.
Further information about the application fee and cost contribution agreement can be found here.
Download the Forward-Looking Review Mechanism submission form
How to submit an FLR request
If you have a concern with an approach taken by AFCA in a determination and you would like the determination to be informally reviewed, please reach out to the relevant Lead Ombudsman directly.
If you would like to submit a forward-looking review request, you can submit your request by using the FLR request form available for download below and emailing the completed FLR request form with any supporting documents to AFCA at info@afca.org.au.
If you require additional support with navigating the FLR process, please contact us at 1800 931 678 (free call). You can also talk to our staff using the Live Chat between 9am–5pm AEST Monday to Friday.
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