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Who must maintain AFCA membership (mandatory external dispute resolution)?

The applicability test for Maintain AFCA membership (mandatory external dispute resolution) (AFCA and ASIC), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Some businesses

Applies when the business has an AFSL or ACL or industry: Superannuation trustees.

What the obligation is

AFSL + ACL holders must be members of AFCA — sole AU EDR scheme.

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).

The applicability test

Applies when the business has an AFSL or ACL or industry: Superannuation trustees.

How the regulator frames it: AFSL holders, ACL holders, RSE licensees, trustee companies.

What triggers it: Holding a relevant licence.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).

IndustryAnswer
Superannuation trusteesYes
No34 other industries

Business structure and size

Structure does not change the answer in superannuation trustees: for every structure the answer is "yes".

Size does not change the answer in superannuation trustees: at every size band the answer is "yes".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in superannuation trustees with 6–19 employees, turnover $1M–$3M: applies. Industry: Superannuation trustees.
  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires an AFSL or ACL or industry: Superannuation trustees.

Answers that bring it into scope

Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:

  • The business holds an Australian financial services licence (AFSL): it then applies (AFSL holder).
  • The business holds an Australian credit licence (ACL): it then applies (ACL holder).

What you must do, and when

When due
Continuous.
Frequency
Ongoing
Evidence to keep
AFCA membership; complaint handling records; compliance with AFCA determinations.
Status
Current
Priority
Critical

Penalty for not complying

Maximum penalty: Licence consequences; civil penalties for failure to comply with AFCA determinations.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

What usually applies alongside it

Where it sits in the corpus

Rules Mate tracks 1 published obligation tagged "edr", 1 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Australian Financial Complaints Authority and Australian Securities and Investments Commission.

AFCA: External dispute resolution body for financial services, credit, insurance, and superannuation complaints. Mandatory member scheme.

ASIC: Corporate regulator administering the Corporations Act, financial services and credit licensing (AFSL/ACL), markets supervision, insolvency, and registries (ASIC and ABRS).

Corporations Act: The foundational federal Act for Australian corporate law.

Free tools that help with this obligation:

Questions

Who must maintain AFCA membership (mandatory external dispute resolution)?
Applies when the business has an AFSL or ACL or industry: Superannuation trustees.
Do sole traders need to maintain AFCA membership (mandatory external dispute resolution)?
Yes. Looking in superannuation trustees and every size band, the engine's answer for a sole trader is: yes.
Do businesses with 1–5 employees need to maintain AFCA membership (mandatory external dispute resolution)?
Yes (1–5 employees, turnover $100K–$1M).
When is "Maintain AFCA membership (mandatory external dispute resolution)" due?
Continuous.

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.