Consultation open
AFCA is consulting on two draft Approach documents for key areas in General Insurance:
- AFCA’s Approach to the duty to take reasonable care not to make a misrepresentation (new), and
- AFCA’s Approach to non-disclosure and misrepresentation (amended).
AFCA cares about the feedback and valuable insights of all stakeholders and invites you to provide comments or make a submission during the consultation. The joint consultation is open Wednesday, 6 November 2024 to Wednesday, 27 November 2024.
Please note: All feedback and submissions on these Approach documents should be sent to AFCA by Wednesday, 27 November 2024. Once the joint consultation period has closed, AFCA will consider and respond to feedback received in the submissions.
About the consultation
The draft Approaches have been developed to provide greater clarity around what to expect from AFCA processes, greater transparency about the way we investigate complaints and make decisions, and to ensure we continue to deliver consistent outcomes for complaints to AFCA.
The documents will help complainants, financial firms and stakeholders understand how AFCA considers certain complaints when dealing with non-disclosure and misrepresentation issues in AFCA’s General Insurance jurisdiction.
AFCA’s Approach documents outline how it applies legal principles, industry codes, regulatory guidance and considers good industry practice when investigating these complaints. The documents are informed by feedback received during our complaint handling process with our stakeholders, including financial firms, complainants, industry associations and consumer representatives, as well as government and regulators.
These Approach documents will support complainants and financial firms to better understand how we consider complaints which raise these relevant issues and help to efficiently and effectively resolve and avoid disputes.
AFCA Approach to the duty to take reasonable care not to make a misrepresentation
The consultation for AFCA’s new Approach to the duty to take reasonable care not to make a misrepresentation (general insurance) is taking place from Wednesday, 6 November 2024 to Wednesday, 27 November 2024.
This draft Approach document explains how AFCA will consider complaints about the duty to take reasonable care not to make a misrepresentation in general insurance. This includes information about which general insurance contracts are covered by this duty and when it applies, and insurer and consumer obligations under the Insurance Contracts Act 1984 (the Act).
Approach document and consultation paper
- Read AFCA’s new draft Approach to the duty to take reasonable care not to make a misrepresentation (general insurance) and provide your feedback through one of the channels below.
- The Consultation Paper explains the purpose of the Approach document and supports stakeholders in their submission.
AFCA Approach to non-disclosure and misrepresentation
The consultation for AFCA’s amended Approach to non-disclosure and misrepresentation is taking place from Wednesday, 6 November 2024 to Wednesday, 27 November 2024.
AFCA has made minor clarifying updates to reflect legislative changes which took effect in 2021. These updates are not intended to reflect any change to the substance of AFCA’s Approach.
Approach document and consultation paper
- Read AFCA’s amended draft Approach to non-disclosure and misrepresentation in general insurance and provide your feedback through one of the channels below.
- The Consultation Paper explains the purpose of the Approach document and supports stakeholders in their submission.
Provide feedback or make a submission
AFCA invites all stakeholders to provide feedback or make a submission through one of the following channels:
- email general questions and comments to us at consultation@afca.org.au
- send us a written submission by emailing consultation@afca.org.au
- post/mail us a written submission to:
Lead Ombudsman – General Insurance
Australian Financial Complaints Authority
GPO Box 3
Melbourne VIC 3001
Joint consultation key dates
| AFCA’s joint consultation on General Insurance Approaches | |
|---|---|
| Date | Milestone |
| Wednesday, 6 November 2024 | Joint consultation on AFCA’s General Insurance Approaches opens |
| Wednesday, 27 November 2024 | Joint consultation on AFCA’s General Insurance Approach documents closes |
| November – December 2024 | AFCA to consider and respond to joint consultation submissions and feedback |
| December 2024 | AFCA to publish submissions received |
| December 2024 | AFCA publish updated final Approaches (subject to external approval) |
Frequently asked questions
Answers to frequently asked questions about:
- AFCA’s Approach to the duty to take reasonable care not to make a misrepresentation (general insurance) (new), and
- AFCA’s Approach to non-disclosure and misrepresentation in (general insurance) (amended).
Contact us
If you have any questions about the draft Approach documents or the consultation process, please email consultation@afca.org.au.
