Where a complaint is resolved by way of agreement between the parties, or a determination is made by the decision maker, the determination of the AFCA is open for acceptance by the complainant for a period of 30 days. If the complainant accepts the determination it then becomes final and binding on the Superfund / trustee. NOTE: the superfund / trustee may appeal the decision under the Corporations Act but only in limited circumstances.
If the complainant does not accept the determination of the AFCA the determination is NOT binding on the complainant. This means if the complainant is unhappy with the determination of the AFCA, the complaint can proceed to Court. However, any information obtained during the AFCA investigation is confidential and cannot be used in Court proceedings unless the Court determines otherwise.