AFCA consults on rule changes under upcoming scam framework

The Australian Financial Complaints Authority (AFCA) is seeking feedback on proposed changes to consider scam-related complaints under the Scam Prevention Framework (SPF) that will come into effect early next year.

The government passed the Scams Prevention Framework Bill in 2025 following an industry-wide consultation, which places obligations on banks, telecommunications providers and digital platforms to protect consumers from scams.

AFCA was subsequently appointed the authorised external dispute resolution (EDR) scheme for scam-related complaints under the SPF across the sectors from 31 March 2027.

As this is an expansion of AFCA's current role, AFCA has to amend its rules to establish a new jurisdiction for SPF complaints, stating the consultation will help shape the rules that govern the new SPF EDR scheme.

The AFCA Scheme Rules will be organised into separate divisions, comprising new rules that will apply specifically to SPF complaints, which will be named 'Scam Rules' for the purpose of the consultation, while existing rules for financial services complaints are labelled as 'Financial Firm Rules'.

The Scam Rules are organised into four key sections, including the complaint resolution process for SPF complaints; the types of complaints that are excluded; the monetary limits that apply to SPF complaints; and the definitions relevant to SPF complaints - this particular section includes a "complete set" of definitions that apply to the Scam Rules.

AFCA noted all material changes to the AFCA Scheme Rules require approval from its board and the corporate regulator ASIC, who will also consult with other SPF regulators before approving any of AFCA's final changes.

The proposed rules are also comprised of rules that mirror, or are similar to, the Financial Firm Rules, while new rules implemented will help facilitate the operation of the SPF EDR scheme.

"In developing the proposed Scam Rules, we have considered the accessibility, efficiency, effectiveness, fairness and timeliness of the SPF EDR scheme," AFCA said.

"To achieve this, we are consulting on the Scam Rules that will govern EDR first.

"Development of operational guidelines, which have historically been used by AFCA to set out more detail about how we apply our rules, will take place in early 2027. The formulation of these guidelines will also be informed by feedback from this consultation."

AFCA will also conduct a webinar on September 3 to discuss the consultation with its members, related entities, consumers and consumer representatives, and other stakeholders.

The consultation has opened and will close on 28 September 2026.