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Can AFCA compensate a cleaning business for indirect financial or non-financial loss?

·8 min read

Yes—according to the Australian Financial Complaints Authority (AFCA) small-business guidance, an outcome can include compensation for direct financial loss, indirect financial loss and non-financial loss, but any award remains subject to AFCA’s Rules, monetary limits and claim-type caps. For a cleaning business, AFCA defines a small business as an organisation with fewer than 100 employees; where the dispute concerns a small-business or primary-producer credit facility, AFCA’s compensation-limit notice sets the jurisdictional limit at no more than $6,317,000 from 1 January 2024, while compensation is limited per claim by claim type (figures checked 1 October 2026).

What loss can AFCA compensation include?

AFCA identifies these possible compensation categories:

Their inclusion does not mean every complaint qualifies for every category. The small-business guidance does not define each category, explain when a particular loss falls within it, or provide a formula for calculating compensation.

The compensation notice also does not state that direct and indirect financial loss are automatically cumulative. It says compensation is limited per claim, with different limits depending on the type of claim, but does not list the amount of each claim-type cap on that page. Monetary caps apply to AFCA outcomes for non-superannuation complaints.

Is my cleaning business small enough for AFCA?

Eligibility depends on the legal entity, employee count and the relevant corporate group.

IssueAFCA position
Business structureA small business may be a partnership, incorporated trustee or company.
Employee countAFCA defines a small business as an organisation with fewer than 100 employees.
Related companiesAFCA cannot consider a complaint if the relevant group of related companies has 100 employees or more.
Changing employee numbersIf the number fluctuates around the threshold, AFCA requires substantiation, such as wage records, showing employee numbers when the events giving rise to the claim occurred.
External administrationAFCA generally considers a complaint from a business under external administration only if it obtains the insolvency practitioner’s consent.

A business with fewer employees may therefore still fall outside AFCA’s jurisdiction if its relevant related-company group has reached the threshold.

Is the $6,317,000 limit the maximum compensation award?

No. The amount concerns AFCA’s monetary jurisdiction, not the compensation it must award.

LimitWhat it means
Small-business or primary-producer credit facilityAFCA can consider a dispute where the credit facility does not exceed $6,317,000.
Effective dateThe current limits took effect on 1 January 2024 and apply to complaints AFCA received from that date.
Earlier complaintsA complaint lodged before 1 January 2024 must be checked against the relevant version of AFCA’s Rules.
Compensation orderCompensation is limited per claim, with different limits for different claim types.
SuperannuationThe limits do not apply in the superannuation jurisdiction, although only individuals can make superannuation complaints.

AFCA’s Rules require monetary limits to be adjusted every three years. The current AFCA page should therefore be checked before relying on an amount stated in an older decision, policy or article.

Which cleaning-business insurance complaints can AFCA consider?

AFCA says its jurisdiction over general insurance complaints depends on the product type. It can consider complaints about an insurer’s decision or conduct concerning an eligible small-business insurance product, and complaints about an insurance broker’s conduct in following instructions or arranging a policy.

AFCA’s listed eligible cover types include:

By contrast, AFCA says it cannot consider complaints about these listed covers:

AFCA also notes that excluding a particular cover does not mean it has no jurisdiction over every aspect of a policy containing it. It may be able to consider certain cover within an Industrial Special Risks policy.

A cleaning-business policy may contain several types of cover, so the exact product and section of the policy matter. The policy’s Product Disclosure Statement (PDS) should be checked alongside AFCA’s current scope guidance.

How can a cleaning business make an AFCA complaint?

AFCA provides several channels, and its service is free to access.

ChannelAFCA details
OnlineA business can use AFCA’s online complaint form or download, print and complete a PDF form. AFCA launched its online complaints portal on Monday 17 June 2024. An account allows the complainant to manage the complaint throughout the AFCA process.
Live ChatAvailable Monday to Friday from 8am to 6pm. Live Chat can answer questions or help complete the complaint form.
Telephone1800 931 678 is a free call. AFCA’s stated availability is 8am–6pm AEDT/AEST, Monday to Friday.
EmailComplaint forms and enquiries can be sent to info@afca.org.au.
PostAFCA also accepts complaints by post; its current submission instructions should be checked on its website.

AFCA refers a lodged complaint to the financial firm and asks that firm to review it and attempt direct resolution within a set timeframe. If the complaint remains unresolved, AFCA progresses it for further consideration.

AFCA may then work with the parties to seek a settlement through methods such as negotiation and conciliation. If that does not resolve the matter, it may provide a preliminary assessment of the complaint’s merits. If the complainant rejects that assessment, AFCA makes a determination, which is binding on the financial firm.

Third-party agencies are available for people who need additional support. AFCA also recommends submitting information for review even when a business is unsure whether its complaint falls within scope.

What should be checked before making a complaint?

Before relying on an AFCA outcome, check:

This preparation does not replace AFCA’s review. If a complaint does not meet the requirements of AFCA’s Rules, AFCA will direct the complainant to other sources of help.

This is general information, not financial or legal advice. Check AFCA’s regulator page and the policy’s PDS before making a decision or lodging a complaint.

Sources

FAQ

Does AFCA listing indirect or non-financial loss mean every claimed amount can be compensated?

No. AFCA confirms that these are possible outcome categories, but it does not say every complaint qualifies. Classification, evidence, AFCA’s Rules and the applicable caps determine whether compensation is awarded.

Is $6,317,000 the maximum amount AFCA can award a cleaning business?

No. It is the monetary restriction for a small-business or primary-producer credit facility. Any compensation order is separately limited per claim, with different caps applying to different claim types.

Can AFCA consider a complaint about lost profits or business interruption?

AFCA lists loss of profits and business interruption among the insurance cover types it may consider complaints about. The product must fall within AFCA’s jurisdiction, and any compensation remains subject to the Rules and applicable caps.

Can AFCA consider a public liability complaint?

AFCA says it cannot consider complaints about Legal Liability cover, including public liability and products liability. The exact policy and its other cover should be checked on AFCA’s current page.

What should I do if I am unsure whether AFCA can consider the complaint?

AFCA recommends submitting the information anyway so it can review the scope and discuss the matter with the complainant. Use the online form, Live Chat, telephone, email or post, and check the current AFCA guidance before submitting.

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