AFCA gains new powers as scam losses drop in Australia

Current rules limit scam investigations to sending banks

AFCA gains new powers as scam losses drop in Australia

Cyber

By Roxanne Libatique

The federal government has approved changes allowing the Australian Financial Complaints Authority (AFCA) to investigate the role of receiving banks in scam-related cases.

Under current rules, AFCA can only review the actions of the bank that transferred a customer’s funds.

Changes to authorisation conditions

The new directive, set to take effect within 12 months, will expand AFCA’s authority to examine whether receiving banks took appropriate measures to prevent fraudulent transactions.

Assistant Treasurer and Minister for Financial Services Stephen Jones (pictured) said the move is part of broader reforms to improve consumer protections and enhance financial sector accountability.

“We made fighting scams a priority from day one, and it’s having a real and significant impact. Scammers are finding it harder and harder to get through our defences,” he said. “We want Australians to enjoy the benefits of online commerce but have trust that they are protected against the criminals trying to get their hard‑earned money.”

AFCA chief ombudsman and CEO David Locke explained that the actions of receiving banks can now be considered as part of the full chain of events in a scam.

“We welcome this direction from the government. AFCA will work with industry and consumer groups over coming months on the changes required to AFCA’s rules to ensure a smooth transition to implement this change,” he said.

Government anti-scam measures linked to decline in losses 

The federal government attributed the decline in scam-related losses to strengthened enforcement and regulatory measures introduced as part of its anti-scam agenda.

Since taking office, it has allocated $180 million to initiatives aimed at disrupting scam operations and increasing consumer protection.

Key measures include: 

  • implementing the Scams Prevention Framework, which imposes responsibilities on designated industries to prevent scam-related harm
  • strengthening the NASC to enhance coordination between government agencies, financial institutions, and digital platforms
  • funding ASIC’s takedown service, which has removed more than 10,000 fraudulent investment scam websites and advertisements
  • introducing a mandatory SMS sender ID register to prevent scammers from impersonating businesses through text messages
  • updating Australia’s payment security systems to improve fraud detection and prevention mechanisms

Jones said while the decline in scam losses is a positive development, scams continue to pose a financial risk to consumers, requiring continued vigilance and regulatory action.

“Fraudsters cause financial and immeasurable emotional and mental stress by impersonating legitimate organisations every day, but we are determined to do what we can to keep Australians safe,” he said.

Insurance industry calls for a tailored approach to scam regulations 

As the government expands its anti-scam framework, the Insurance Council of Australia (ICA) has urged policymakers to consider the unique characteristics of the insurance sector when applying new regulations.

In early 2025, the ICA presented its position on the Scams Prevention Framework Bill to a Senate Economics Legislation Committee inquiry.

The proposed legislation seeks to impose new obligations on banks, telecommunications providers, and digital platforms to detect, report, and prevent scams. It also introduces a framework for assigning liability and establishing a consumer redress system.

While acknowledging the need for stronger protections, the ICA pointed out that the types of scams affecting the insurance industry differ from those targeting banks. Common scams involving insurers include phishing schemes, fraudulent insurance websites, and misleading requests for claim processing fees. The industry also sees a rise in scam activity following natural disasters, as fraudsters exploit consumers seeking urgent claim settlements.

During its submission to the Senate committee, the ICA made several recommendations for refining the bill, including:

  • clearly defining the difference between scams and fraud to avoid regulatory overlap
  • distinguishing between large-scale scam operations and isolated incidents
  • avoiding duplication of existing compliance obligations within the insurance industry
  • introducing a phased rollout to allow insurers time to adjust to new requirements

The ICA also called for increased data-sharing across industries to strengthen scam prevention efforts.

Related Stories

Keep up with the latest news and events

Join our mailing list, it’s free!

IB+ Data Hub

The Ultimate Data Intelligence Platform for Insurance Professionals

Unlock powerful dashboards and industry insights with IB+ Data Hub—your essential subscription for data-driven decision-making.