Reform AFCA Rules to Empower Consumers in Financial Disputes

To: Australian Financial Complaints Authority (AFCA), Australian Securities and Investments Commission (ASIC), and the Assistant Treasurer and Minister for Financial Services

We, the undersigned, demand urgent reform of AFCA Rules A11.1 and A11.2, which silence consumers in disputes with banks, insurers, superannuation providers, and other financial firms.

These rules block access to justice, hide critical evidence, and protect corporations while leaving consumers—abandoned by an unjust system.

I face AFCA’s restrictive rules in an Insurance  Court Case, trial. My broker’s Financial Services Guide (FSG) directed me to AFCA for a remedy, but after a year of delays, unprofessional conduct, and unfair accusations from the two underwriters, I received no resolution. Escalating to the Magistrates’ Court against the overarching insurer. Having now dealt with over four differing corporations in a hierarchical chain of command for no resolve.  All evidence gathered in support of my claim, for over a year, now, CANNOT be used…

 So, like many others, I am now silenced by AFCA’s “without prejudice” and confidentiality rules, which blocks me from using critical evidence or discussing the dispute publicly.

This unfair system, compounded by FSGs hiding these limits, checkmates consumers from defending their claims.

Rule A11.1 (“without prejudice”) prevents me or you (anyone) from using vital dispute evidence in court without a costly and lengthy court order, and Rule A11.2 (confidentiality) prohibits me from publicly discussing unfair treatment through the AFCA process.

My financial firm’s Financial Services Guide (FSG) failed to disclose these limits, leaving me 100% blindsided—a widespread issue across banking, insurance, and superannuation disputes.

This lack of transparency may breach s912A of the Corporations Act 2001 and ASIC’s Regulatory Guide 165, which demand clear communication.

These rules harm countless Australians. Whether fighting unfair bank fees, denied insurance claims, or mishandled super funds, consumers are silenced when escalating to court, as AFCA’s “without prejudice” basis blocks the evidence use.

Financial and legal firms exploit this to hinder trials, while FSGs often hide these restrictions, leaving all of us consumer unaware.

With AFCA handling 100,745 complaints in 2024–25 and earning a 1.5/5 rating on ProductReview.com.au, consumer frustration is clear. The 2021 Independent Review of AFCA called for greater transparency, yet these barriers remain, disproportionately for all consumer facing dispute resolution.

We demand:

1.        Amend Rule A11.1 to allow consumers to use AFCA dispute evidence in court without requiring a court order, ensuring access to justice for all.

2.        Amend Rule A11.2 to permit public disclosure of dispute details with consumer consent, enabling us to expose unfair treatment or systemic issues.

3.        Mandate FSG Transparency by requiring all financial firms to disclose AFCA’s “without prejudice” and confidentiality rules in their FSGs, so consumers know their rights upfront.

This petition calls on AFCA, ASIC, and the Assistant Treasurer to reform these rules to empower consumers to a fair claim, not protect financial firms.

We stand against AFCA as and countless Australians who feel silenced by an unfair system.

Sign now to demand a dispute resolution process that gives consumers a fair go, especially those without legal resources. Share your anonymized stories to show the need for change. Together, we can build a system that works for us all.

Sign this petition to reform AFCA rules and restore fairness in financial, Insurance and legal disputes!