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 website.

AFCA’s Approach to superannuation death benefit complaints provides general information about superannuation death benefits and sets out the approach we take in handling death benefit complaints.

The revised Approach document includes minor clarifications to our existing guidelines on handling complaints about the distribution of superannuation death benefits. These changes ensure that our methods remain clear and effective without altering the fundamental principles. The revised Approach also includes greater detail about:

• how AFCA applies definitions of terms such as ‘dependant’ and ‘spouse’
• the circumstances in which AFCA might consider it appropriate to include adult children and legal personal representatives in distributions
• trusts for minor children, and
• how AFCA approaches cases where there has been violence or abuse in a relationship, or a claimant has been involved in the death of the fund member.

By clarifying certain aspects of the existing Approach, we aim to make our processes more predictable for all parties involved, reducing the potential for disputes and misunderstandings.

The consultation period runs from Monday, 7 October 2024, to Friday, 25 October 2024. Stakeholders are encouraged to provide their feedback within this timeframe.

After the consultation period ends on Friday, 25 October 2024, AFCA will review all submissions and feedback. We will publish the final updated Approach document on our website in December 2024, with a summary of stakeholder input and how this has been addressed.

The consultation is 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.

Feedback can be submitted through the AFCA consultation page. Detailed instructions on how to submit your comments are provided on the website.

Yes, AFCA plans to 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.

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.

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 information on how we handle personal information.

The revised Approach will 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.

If you require an extension to submit your feedback, please contact AFCA as soon as possible during the consultation period.

The draft Approach document, consultation paper and key dates, are available on the AFCA consultation page. All relevant materials are accessible there for review.

The final updated Approach is expected to be published on the AFCA website in December 2024, following the completion of the consultation and review process. You can find an overview of key dates on the consultation page.

If you have further questions about the Approach document or consultation, or need more information, please email consultation@afca.org.au.