Can a Landscaping Business With Fewer Than 100 Employees Make an AFCA Insurance Complaint?

Yes—the Australian Financial Complaints Authority (AFCA) defines a small business as an organisation with fewer than 100 employees, but it cannot consider a complaint if the relevant group of related companies has 100 employees or more; the insurance product and cover must also qualify. AFCA’s compensation-cap and monetary-limit guidance says that, for complaints lodged on or after 1 January 2024, the relevant small-business credit facility must be no greater than $6,317,000, while compensation is capped per claim at an amount that varies by claim type.

Figures checked 1 October 2026.

Does fewer than 100 employees automatically qualify a landscaping business?

No. The employee threshold is only one part of AFCA’s small-business definition. The organisation, its related-company group and the subject of the complaint must also qualify.

If the position is unclear, AFCA recommends submitting the information anyway so it can review the complaint and discuss scope with the complainant.

What insurance complaints can AFCA consider for a small business?

AFCA says its jurisdiction over general insurance complaints depends on the product type and cover.

It identifies these cover types as ones it may consider:

• Computer and electronic breakdown.
• Fire or accidental damage.
• Glass breakage, including shop fronts.
• General property, including business or work tools.
• Loss of profits or business interruption.
• Medical indemnity.

AFCA says it cannot consider complaints about cover under:

• Contractors All Risks.
• Fidelity Guarantee.
• Legal Liability, including Public Liability and Products Liability.
• Professional Indemnity.
• Industrial Special Risks.

The exclusion is important for a landscaping business with public liability cover: a dispute concerning that cover alone falls within AFCA’s excluded Legal Liability category. AFCA also says it cannot consider Industrial Special Risks cover, although it may consider certain other cover within an Industrial Special Risks policy.

AFCA may also consider a broker’s conduct in following instructions or arranging a policy, or an insurer’s decision or conduct concerning an eligible small-business insurance product. Check the exact cover in the policy’s PDS rather than relying only on the policy’s overall name.

Does the $6,317,000 credit-facility limit apply to the insurance complaint?

Not directly. The amount is a monetary restriction for a small-business credit-facility complaint, not a general insurance claim threshold or the amount AFCA will award.

AFCA compensation is a separate issue. Its outcomes may include compensation for direct financial loss, indirect financial loss and non-financial loss. Monetary caps apply to non-superannuation outcomes, and AFCA says the limit is applied per claim, with different limits for different claim types. The $6,317,000 facility limit is therefore not an indication of the compensation available for an insurance claim.

How can I make a free AFCA complaint?

AFCA’s service is free to access. Licensed financial services providers in Australia must belong to AFCA and participate in its process, and AFCA provides an online search tool for checking whether a firm is a member.

AFCA launched its online complaints portal on Monday 17 June 2024. People who need more support can also speak with third-party agencies.

What happens after AFCA receives a complaint?

1. AFCA refers it to the financial firm. The firm is asked to review the complaint and attempt direct resolution with the complainant.
2. The firm follows a set timeframe. If it does not resolve the complaint within that timeframe, AFCA progresses it for further consideration.
3. AFCA attempts a settlement. If direct resolution fails, AFCA works with the parties using methods such as negotiation and conciliation.
4. AFCA may provide a preliminary assessment. If settlement cannot be achieved, AFCA may give the complainant and the financial firm its view on the merits.
5. A determination follows if the assessment is rejected. If the complainant rejects the preliminary assessment, AFCA makes a decision called a determination.
6. The determination binds the financial firm. AFCA states that determinations it makes are binding on the financial firm.

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

What should be checked before making a complaint?

This is general information, not financial or legal advice. Check AFCA’s current complaints page for its scope, monetary limits and compensation caps, and check the PDS for the relevant policy to confirm the product, cover, complaint process and any applicable conditions.

Sources

• AFCA — Small Businesses with a financial complaint
• AFCA — AFCA’s compensation caps and monetary limits adjusted

FAQ

Does fewer than 100 employees guarantee that AFCA will accept my complaint?

No. It satisfies AFCA’s employee threshold, but the related-company group, financial product, cover and AFCA Rules must also be considered.

What happens if my related-company group has 100 employees?

AFCA says it cannot consider the small-business complaint if the relevant group of related companies has 100 employees or more.

Can AFCA review a public-liability complaint?

AFCA says it cannot consider complaints about Legal Liability cover, including Public Liability and Products Liability. A dispute about another eligible cover within the wider policy may need separate assessment.

Is $6,317,000 the maximum compensation AFCA can award?

No. It is the small-business credit-facility monetary limit for complaints lodged on or after 1 January 2024. Compensation is limited separately, per claim, and the applicable cap varies by claim type.

Does AFCA charge a fee?

AFCA’s service is free to access, and its complaint telephone line is a free call. Third-party agencies are available for people who need additional support.