Do superannuation trustees need to maintain AFCA membership (mandatory external dispute resolution)?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Yes
Yes. This obligation applies to superannuation trustees whatever their structure or size. The deciding fact: Industry: Superannuation trustees.
The obligation in brief
Maintain AFCA membership (mandatory external dispute resolution). Since 1 November 2018, the Australian Financial Complaints Authority is the sole AU external dispute resolution scheme. AFSL holders, ACL holders, superannuation trustees, and traditional trustee companies must be members and comply with AFCA determinations (up to $6,317,000 monetary jurisdiction for most disputes).
Trigger: Holding a relevant licence.
Why superannuation trustees get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Maintain AFCA membership (mandatory external dispute resolution)" is no. Superannuation trustees is one of the 1 where the answer is different: yes.
The deciding fact for superannuation trustees: Industry: Superannuation trustees.
About the industry: Trustees of APRA-regulated super funds.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires an AFSL or ACL or industry: Superannuation trustees).
Answer by business structure and size
Each cell is the engine's outcome for a business in superannuation trustees with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Yes | Yes | Yes | Yes | Yes | Yes |
| Partnership | Yes | Yes | Yes | Yes | Yes | Yes |
| Trust | Yes | Yes | Yes | Yes | Yes | Yes |
| Pty Ltd company | Yes | Yes | Yes | Yes | Yes | Yes |
| Public company | Yes | Yes | Yes | Yes | Yes | Yes |
| Not-for-profit (unregistered) | Yes | Yes | Yes | Yes | Yes | Yes |
| Registered charity | Yes | Yes | Yes | Yes | Yes | Yes |
| Super fund | Yes | Yes | Yes | Yes | Yes | Yes |
| Foreign company | Yes | Yes | Yes | Yes | Yes | Yes |
What the obligation requires
- When due
- Continuous.
- Evidence to keep
- AFCA membership; complaint handling records; compliance with AFCA determinations.
- Maximum penalty
- Licence consequences; civil penalties for failure to comply with AFCA determinations
- Regulator
- AFCA and ASIC
- Jurisdiction
- Commonwealth (national)
Other obligations where superannuation trustees differ from the norm
- Annual YFYS performance test (MySuper + Choice): Yes
- Comply with APRA CPS 230 (Operational Risk Management): Yes
- Comply with APRA CPS 234 (Information Security): Yes
- Comply with Design and Distribution Obligations (DDO): Yes
- Comply with Financial Accountability Regime (FAR) accountability obligations: Yes
- Comply with SIS Act trustee covenants: Yes
- All 15 answers for superannuation trustees
Questions
- Do superannuation trustees need to maintain AFCA membership (mandatory external dispute resolution)?
- Yes. This obligation applies to superannuation trustees whatever their structure or size. The deciding fact: Industry: Superannuation trustees.
- Is the answer the same for every industry?
- No. For 34 of the 35 industries Rules Mate maps, the answer is no. Superannuation trustees is one of 1 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.