Consultation closed
Consultation on AFCA's Approach to sections 26(6) and 29(7) of the Insurance Contracts Act 1984 (new) and AFCA's Approach to delayed insurance claims in superannuation (amended) has now closed. The consultation took place between 9 September 2024 and 30 September 2024.
AFCA would like to thank stakeholders for their participation in the consultation process. All non-confidential submissions have now been published. We are now considering formal submissions and how we can best respond to the feedback we received. We will publish an AFCA Consultation Response Paper with final versions of the Approach documents on this page in the coming months.
What is an AFCA approach document?
AFCA’s Approach documents help complainants and financial firms better understand how AFCA might approach some common issues and complaint types, and how we reach decisions. We publish our Approach documents on our publications page.
What is the purpose of AFCA’s new Approach to sections 29(6) and 29(7) of the Insurance Contracts Act 1984 (superannuation)?
The purpose of this new Approach is to explain how AFCA handles complaints that involve non-disclosure and misrepresentation under sections 29(6) and 29(7) of the Insurance Contracts Act within the context of superannuation. It aims to provide clear guidance to stakeholders on the remedies available to insurers under these provisions, and how AFCA will address these in complaint resolution.
Why has AFCA revised the Approach to delayed insurance claims in superannuation?
The revised Approach includes minor clarifications to ensure that the guidelines remain clear and effective. These updates do not change the substance of AFCA’s existing Approach but aim to enhance understanding and predictability in how delayed insurance claims are handled.
What is the consultation period for these Approach documents?
The consultation is now closed. The consultation period ran from Monday, 9 September 2024, to Monday, 30 September 2024. Stakeholders were encouraged to provide their feedback within this timeframe.
What happens after the consultation period ends?
After the consultation period ends on Monday, 30 September 2024, AFCA will review all submissions and feedback received from stakeholders. All non-confidential submissions will be published in October 2024. We will publish a Consultation Response Paper and the final updated Approaches on our website in November 2024, outlining how stakeholder input has been considered.
Who can participate in the consultation?
The consultation was open to all stakeholders, including financial firms, consumer advocates, government agencies, regulators, industry associations and members of the public who have an interest in how superannuation complaints are handled.
How can I submit my feedback or comments on the draft Approach documents?
The consultation is now closed. The consultation period ran from 9 September 2024 to 30 September 2024. Stakeholders were encouraged to provide their feedback within this timeframe.
Will AFCA publish the feedback received during the consultation?
Yes, all non-confidential submissions have now been published. We will also publish a summary of the feedback received, along with our responses, on our website. This will ensure transparency in how we have addressed stakeholder concerns and suggestions.
Are submissions anonymous?
Your submission will be published on AFCA's website. Please note, your submission will be published on AFCA’s website unless you specify that a part or all of it is confidential. All non-confidential submissions have now been published.
You may choose to remain anonymous when making a written submission. However, if you decide to remain anonymous, we will not be able to contact you to discuss your submission should we need to.
Please refer to our privacy policy for more on how we handle personal information.
How will the new and revised Approaches benefit financial firms and complainants?
The new and revised Approaches provide clearer guidance on AFCA’s complaint handling processes, leading to more predictable and consistent outcomes. This helps financial firms and complainants understand what to expect, potentially reducing the time and resources spent on resolving disputes.
Will these Approaches affect how superannuation complaints are currently handled by AFCA?
The new and revised Approaches are designed to explain existing processes rather than significantly alter them. They provide clearer guidance on how complaints will be handled, which should lead to more consistent and predictable outcomes.
What should I do if I need more time to submit my feedback?
If you require an extension to submit your feedback, please contact AFCA as soon as possible during the consultation period.
Where can I find the draft Approach documents and other related materials?
The draft Approach documents, along with the consultation paper and key dates, are available on the consultation page. All relevant materials are accessible there for review.
What is the timeline for the finalisation and publication of the updated Approaches?
The final updated Approaches are expected to be published on the AFCA website in November 2024, following the completion of the consultation and our feedback review process. You can find an overview of key dates on the consultation page.
More information and further questions
If you have further questions about the Approach documents or consultation, or need more information, please email consultation@afca.org.au.
