Dealing with AFCA

Let's get one thing straight.  AFCA is not quite what you think from it's title.  Banks will send you to AFCA at the drop of a hat if you have money stolen from your bank account by scammers.  That's because they know exactly how AFCA works, they have been there loads of times.  But you and I, when we go to AFCA to lodge a complaint as invited by our own bank you will be astonished to find that AFCA does not actually directly support your complaint against your bank.  Strange but true.  Their main role is to try and bring the Bank and you, their customer, together to negotiate a deal, either before AFCA gets fully involved or as the first step once AFCA does get involved through something called a Conciliation Process.  That process is a tele-conversation between you as the customer, a couple of AFCA representaives and a couple of Bank representatives.  Everyone else in the conversation knows exactly how it works, but you as the customer will be a like a kangaroo caught in the headlights.  I have now been there one time and my next time will go a lot better having some insight in to how the AFCA process works and how to approach them on behalf of a Bank customer.

Please note this advice is about Bank Transfer Scams, ie money stolen from your online bank account and transferred to the scammers online bank account in Australia

You are going to need a detailed notes GW 31/3/26

• If you are not keeping a detailed diary already, start now

• Go back to the moment you were contacted by (or contacted) the scammer

• Record the following
  Dates
  Times
  Who you spoke to
  What they said
  What you did

• Do this for every interaction with the scammer or as a consequence of advice from the scammer

• Also record every conversation you have with anybody, particularly your bank, in relation to the scam

• It does not matter if you don't have a good recollection, just get as much down as possible

• Once you have a (rough) chronological sequence, you can flesh it out as you remember other details along the way

• It is very important to record what your bank said

• AFCA will take all of this into account when assessing your case

Key Stages of the AFCA Complaint Process GW 20/4/26

• Lodge a Complaint: Submit your complaint via the AFCA online portal, email, or phone.

• Registration and Referral: AFCA registers your case and refers it back to the financial firm, allowing them 30 days (45 for super) to try and resolve the issue directly with you.

• Case Management: If not resolved, the complaint moves to AFCA for evaluation. An analyst or ombudsman will attempt to resolve the issue through:

• Negotiation: Discussions between parties.

• Conciliation: A facilitated conversation to reach an agreement.

• Preliminary Assessment: A written or phone assessment of the likely outcome.

• Determination: If the complaint remains unresolved, an adjudicator or panel will issue a binding determination.

• If you accept the determination, it is binding on the firm.

• If you reject it, you can seek a remedy in court. 

Important Information

• Cost: The service is free for consumers.

• Time Limits: Strict time limits apply, particularly for superannuation death benefits (usually 28 days).

• What AFCA Cannot Do: They generally cannot deal with complaints that have already been considered by a court.

• Support: Free interpreter services (131 450) or the National Relay Service are available.