AFCA’s approach to non-disclosure and misrepresentation – life insurance

Submission Date: 10 October 2025

This submission has been prepared by the Australian Consumer Law Committee of the Law Council of Australia’s Legal Practice Section, with some input from the Superannuation Committee and from the National Insurance Law Group.

The Committees welcome the opportunity to make a submission to the Australian Financial Complaints Authority in relation to the Consultation on AFCA's draft Approach Documents: Approach to the duty to take reasonable care not to make a misrepresentation – life insurance (Consumer Contracts Approach), and Approach to non-disclosure and misrepresentation – life insurance (Non-Consumer Contracts Approach).

The Australian Consumer Law Committee believes that the Approach Documents in their existing form have done well to communicate what can be a complicated issue in a digestible form for consumers. Accordingly, we make minor suggestions for amendment to the content of the Approach Documents.

The Superannuation Committee suggests additional guidance relevant to superannuation trustees and members.

Last Updated on 14/10/2025

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