How to complain about your super fund, and when to take it to AFCA

If something goes wrong with your super — wrong fees, a delayed rollover, a declined insurance claim, a death benefit decision you disagree with — complain to the fund first, in writing, through its internal dispute resolution process. Funds generally must give a final response to most super complaints within 45 calendar days, with different timeframes for some death benefit complaints. If you are not satisfied with the response, or the fund misses the deadline, you can take the complaint to the Australian Financial Complaints Authority (AFCA), which is free for consumers and independent of the fund. Strict time limits apply to some super complaints, especially about death benefits and TPD, so act promptly.

This guide is part of the super mistakes overview. Timeframes summarised here come from ASIC's dispute resolution rules and AFCA's rules, which can change; check AFCA's website for the version that applies. General information only, not legal advice.

What you can complain about

Complaints about employers not paying super go to the ATO, not AFCA; see unpaid super: what to do. Self-managed super funds are outside AFCA's super jurisdiction, because the members are the trustees.

Step 1: complain to the fund

1. Find the fund's complaints process on its website. Funds must have one, and must accept complaints by phone, email or online.
2. Put it in writing if you can: what happened, when, what you want the fund to do, and copies of documents.
3. Keep a record of every call: date, time, person's name, what was said.
4. Ask for a reference number.
5. Wait for the final response, which must explain the fund's decision and tell you about AFCA.

Timeframes (summary): for most super complaints, the fund must give a final response within 45 calendar days. Complaints about objections to death benefit distributions have their own timetable, generally up to 90 days after the objection period ends. If the fund needs more time, it must tell you why.

Step 2: go to AFCA

You can lodge a complaint with AFCA if:

• the fund's final response does not resolve your complaint, or
• the fund has not responded within the required time.

How to lodge:

• Online through AFCA's website, or by phone, email or post.
• Include your fund's name, your member number, the fund's complaint reference, what happened, and what outcome you want.
• AFCA usually first refers the complaint back to the fund for a final chance to resolve it, then moves to case management, conciliation or a determination.

AFCA is free for consumers. Funds pay for it. You do not need a lawyer, although you can use one, or a free community legal centre or financial counsellor.

Time limits for super complaints

AFCA's rules set time limits. In general terms:

• many complaints must be lodged within two years of the fund's final internal response;
• complaints about death benefit distributions have much shorter limits, generally 28 days after the fund's final response to your objection, and only if you first objected to the fund within the 28-day objection period it gave you when it notified the proposed payment;
• complaints about TPD claims and some insurance decisions have their own limits linked to when the decision was made.

Because these limits are strict and some are counted in days, check AFCA's current rules as soon as you receive a decision you disagree with.

Worked example: a fee complaint

Illustrative member notices their statement shows an ongoing advice fee of $1,100 a year for two years, but they never agreed to advice through super.

1. They email the fund with the statements, asking for the fees to be refunded with earnings and for the arrangement to be stopped.
2. The fund replies within 45 days, agreeing to stop the fee but refunding only one year.
3. The member lodges an AFCA complaint, attaching the fund's response.
4. AFCA asks the fund to provide the consent records. If the fund cannot show valid consent and renewal, AFCA may recommend a refund of both years, adjusted for lost earnings.

The outcome depends on the facts and AFCA's assessment; this example only shows the process.

Tips for a stronger complaint

• Be specific: dates, amounts, documents.
• Say clearly what outcome you want: refund, correction, payment of a claim, an apology.
• Keep copies of everything you send and receive.
• Stay calm and factual; it helps the case manager.
• Ask for help: the National Debt Helpline, community legal centres, financial counsellors and some unions assist with super complaints.

Other places to raise concerns

• ASIC — report misconduct by a fund or adviser (ASIC does not resolve individual disputes); for advice-related harm see super switching scams.
• APRA — the prudential regulator; concerns about a fund's soundness or governance.
• ATO — unpaid super guarantee, SMSF issues, lost super.
• Office of the Australian Information Commissioner — privacy breaches not resolved by the fund.

Frequently asked questions

Does AFCA cost anything?

No, it is free for consumers. Funds pay AFCA's costs.

Can AFCA order my fund to pay me?

AFCA can make binding determinations on the fund if you accept them. If you do not accept, you can still go to court.

Do I have to go to the fund first?

Yes, in most cases. AFCA normally requires the fund to have had a chance to resolve the complaint internally.

What if my fund has merged or closed?

The successor fund generally takes over responsibility for complaints. AFCA can help identify the right fund.

Official sources

• AFCA — lodging a super complaint, time limits, how complaints are handled
• ASIC — internal dispute resolution standards (Regulatory Guide 271), reporting misconduct
• APRA — prudential concerns about super funds
• Moneysmart — how to complain about a financial firm
• National Debt Helpline — free help from financial counsellors