From 1 January 2021, all registered DAAs must be AFCA members in accordance with the Bankruptcy (Registered Debt Agreement Administrator Conditions) Determination 2020.
The requirement follows new DAAs’ registration conditions to ensure consumers have access to an external dispute resolution service. DAAs will continue to be regulated by the Australian Financial Security Authority (AFSA).
Prior to this, DAAs were not previously required to be members of AFCA, although some debt agreement administrators (DAAs) were members in relation to other financial services they provide.
The change to AFCA’s jurisdiction means AFCA can now consider certain complaints lodged by consumers and small businesses against DAAs. This could include complaints about;
- misleading and deceptive conduct
- unconscionable conduct
- inappropriate advice
- credit reporting
- financial difficulty.
To find out more about AFCA’s jurisdiction to accept complaints lodged against DAAs, and the types of complaints we can and cannot consider, see the Debt Agreement Administrators Factsheet.
DAAs can apply for AFCA membership online.
Published: 18 December 2020
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The Australian Financial Complaints Authority (AFCA) is a non-government ombudsman service providing free, fair and independent help with financial disputes. It is a one-stop-shop for consumers and small businesses who have a dispute with their financial firm, over things such as banking, credit, insurance, advice, investments or superannuation. Where an agreement cannot be reached between parties, AFCA can issue decisions that are binding on financial firms.