Scams Prevention Framework Rules consultation
16 October 2026
On 6 October 2026, the Law Council provided a submission to the Australian Financial Complaints Authority (AFCA) consultation on draft Rules for the forthcoming on Scams Prevention Framework Rules. The new Rules will enable AFCA to be the nominated external dispute resolution provider for disputes arising from the Scams Prevention Framework when it comes into operation on 31 March 2027.
The Law Council’s submission reflects on selected issues arising from AFCA’s consultation paper where further operational clarity would assist, with the view to supporting an accessible and effective external dispute resolution framework that also promotes regulatory certainty, proportionality and procedural fairness. A key focus of the submission is on how the new dispute resolution framework will interact with AFCA’s existing financial services jurisdiction to ensure there is a clear delineation between the two processes.
The Law Council’s input also engaged with the question of whether the definition of ‘Paid Representative’ in the proposed Rules should be expanded to include lawyers. The Law Council did not support the inclusion of lawyers in the definition, noting that lawyers are already subject to a comprehensive regulatory regime well beyond anything in the Scam Rules. In the Law council’s view, subjecting legal representatives to AFCA imposed conditions, restrictions and exclusions would duplicate and cut across that regime.
AFCA has advised that it will use stakeholder feedback to develop Operational Guidelines for the new Rules, with the view to having the external dispute resolution processes confirmed in early 2027.
Last Updated on 16/10/2026