FPA query extended AFCA jurisdiction
The Financial Planning Association has raised concerns about the plan to extend the Australian Financial Complaints Authority's mandate back to 2008, saying there is doubt about whether professional indemnity policies will cover "legacy complaints".The FPA also says it is unclear whether AFCA's rulings under the expanded mandate will be based on the law, codes, guidance and best practice that were in force at the time the conduct occurred, or whether current standards would apply.FPA chief executive Dante De Gori says AFCA's consultation paper on the changes is not clear on this issue.In February, the Treasurer announced that AFCA's jurisdiction would be extended for 12 months, allowing it to deal with cases where consumers did not have access to redress, going back to 2008 (the period covered by the royal commission).Under normal circumstances, AFCA can only deal with matters that have occurred within the past six years. When a complaint has been through a financial service provider's internal complaints process, the timeframe is reduced to two years.Last month AFCA released a consultation paper on proposed changes to its rules, saying ASIC would finalise the amended rules in June. The expanded jurisdiction is to operate for 12 months from 1 July.De Gori says complaints that may be considered may have fallen outside the jurisdiction of predecessor schemes but may now be accepted under AFCA rules.AFCA started operating in November last year, taking over the work of the Financial Ombudsman Service, the Credit and Investments Ombudsman and the Superannuation Complaints Tribunal.De Gori says: "If PI cover does not extend to legacy complaints under the conditions set in the proposed rule change, this will have a significant impact on the ability of licensees to pay any determinations made by AFCA in relation to legacy complaints."