Letter · Superannuation

Covering letter for an AFCA complaint about insurance held in superannuation

A covering letter for a complaint to the Australian Financial Complaints Authority about a disability decision on insurance held in superannuation, made through AFCA's own process. This letter does not calculate the time limits in the Rules.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Victoria, Queensland, New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
23 October 2026
Status
Maintained. Checked on 23 October 2026 against the 6 authorities it cites, for Victoria, Queensland and New South Wales.
Version
1
Source
Written for this library

When to use it

Use when a complaint about insurance held in a regulated superannuation fund is being lodged with AFCA, after the trustee or insurer complaint. Do not use it for a self-managed superannuation fund, or as a substitute for AFCA's complaint process. The library already has a completion guide for the AFCA superannuation complaint.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The lawyer and the tool draft the covering letter from the decision and the document list, and the lawyer checks the AFCA Rules for jurisdiction and time before the complaint is lodged.

AI may

  • Name the fund, the insurer, the decision and the date notice was received
  • List only the documents the lawyer has marked for the complaint
  • Say that the complaint is made through AFCA's process and that this letter is not the complaint

AI must not

  • Must not lodge this letter as the complaint, or complete AFCA's form
  • Must not state a time limit that has not been read in the current Rules
  • Must not describe a self-managed superannuation fund dispute as a superannuation complaint
  • Must not say that AFCA will set aside the decision

The lawyer checks

  • The fund is a regulated fund and not a self-managed superannuation fund, unless the lawyer has chosen a different AFCA jurisdiction
  • The trustee or insurer complaint has been made, or the lawyer has decided the current Rules allow the complaint without it
  • The time limit is calculated by the lawyer from the Rules released on 8 October 2026, not by the tool
  • Draft only in the firm's approved tool. In Victoria and New South Wales, do not disclose confidential client information without authority under Australian Solicitors' Conduct Rules r 9.2.1. A Queensland solicitor checks the local conduct rules.
  • If client information leaves the approved environment, check APP 11 and whether there is an eligible data breach under the Privacy Act notifiable data breach scheme.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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