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AFCA refreshes guidance on super disputes

The Australian Financial Complaints Authority has updated three approach documents setting out how it handles superannuation disputes, including one on insurance claim delays.

The authority says each updated document “provides unique clarity around AFCA’s decision-making process”, and the changes follow consultation with industry, regulators and consumer advocates.

On insurance claim handling delays, the authority says the refreshed document clarifies that determinations will address whether a trustee or insurer’s decision was fair and reasonable; explains when trustees should bring claims to the insurer’s attention; and spells out how it weighs complaints involving circumstances beyond an insurer’s control.

Changes have also been made to the approach documents concerning super death benefits and section 29 of the Insurance Contracts Act.

The document on super death benefits includes new guidance for trustees in cases involving family violence.

“This guidance recognises the profound harm that can occur when perpetrators seek to benefit from these funds,” AFCA says.

The document on sections 29(6) and 29(7) of the Insurance Contracts Act 1984 provides clarity on expectations for trustees versus insurers; an expanded explanation of trustees’ responsibilities; and “context for seeking evidence of wording applied by other reasonable and prudent insurers”.

See the updated documents here.