The Australian Financial Complaints Authority (AFCA) is inviting feedback from stakeholders on two Approach documents that focus on key areas within general insurance complaints.  

The documents under consultation are:

• The AFCA Approach to non-disclosure and misrepresentation (updated). We have made amendments to our existing Approach to reflect legislative changes implemented since our previous Approach was published. These changes encompass legislative amendments to the Act that came into effect in 2021.
• The AFCA Approach to the duty to take reasonable care not to make a misrepresentation (new), which explains how AFCA will consider complaints about the duty to take reasonable care not to make a misrepresentation in general insurance.

These approaches apply to complaints about general insurance policies which are consumer insurance contracts.

The consultation period runs from Wednesday, 6 November 2024 to Wednesday, 27 November 2024.

AFCA values the insights of all stakeholders and encourages parties to review the documents and submit their feedback by the closing date. Once the consultation period has closed, AFCA will consider and respond to feedback received in the submissions.

AFCA Approach documents offer clearer guidance on what to expect from AFCA's processes. They enhance transparency regarding our complaint investigation and decision-making procedures, ensuring consistent outcomes. These documents detail how AFCA applies legal principles, industry codes, regulatory guidance, and good industry practices in the investigation and handling of complaints. 

For more information on the consultation and to submit feedback or a formal submission, please visit the AFCA consultation page.