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AFCA (Australian Financial Complaints Authority)

AFCA is the independent external dispute resolution scheme that resolves complaints between consumers and financial firms, including insurance disputes, providing fair and binding determinations.

Detailed Explanation

The Australian Financial Complaints Authority (AFCA) is a free and independent ombudsman service established in 2018 to resolve disputes between consumers and financial services providers, including all types of insurance claims and policy disputes. AFCA replaced the Financial Ombudsman Service (FOS), Credit and Investments Ombudsman (CIO), and Superannuation Complaints Tribunal (SCT). All AFSL holders, including insurers and brokers, must be AFCA members. Consumers can lodge complaints with AFCA after attempting to resolve issues through the insurer's Internal Dispute Resolution (IDR) process. AFCA has the power to award compensation up to $1,094,000 for insurance disputes (2024-25 limit) and can make binding determinations on insurers. The service covers all insurance types including life, health, home, motor, travel, and business insurance. AFCA's decisions consider legal principles, industry codes of practice, and what is fair in the circumstances. The scheme is funded by financial firms through membership fees and case fees.

Common Misconceptions

  • AFCA is not a government department - it's an independent body funded by the financial services industry but operates impartially
  • You cannot go directly to AFCA - you must first attempt to resolve the dispute with your insurer through their IDR process
  • AFCA determinations are binding on the financial firm but not on the consumer, who can still pursue legal action if dissatisfied with the outcome

Real-World Examples

  • A policyholder's income protection claim was denied after a two-year delay; AFCA found the insurer failed to properly investigate and awarded $180,000 in back-payments plus compensation for stress

  • AFCA overturned a home insurance claim denial where the insurer argued pre-existing damage, finding the policyholder had adequately disclosed the property's condition

  • In a disputed business interruption claim during COVID-19, AFCA determined the policy wording covered pandemic-related closures, requiring the insurer to pay the claim

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