No—under the Australian Financial Complaints Authority (AFCA) small-business guidance, an ordinary organisation with exactly 100 employees cannot have its small-business complaint considered: the threshold is fewer than 100 employees, and AFCA cannot consider a complaint where the relevant group of related companies has 100 employees or more. A registered charity is different: AFCA may consider its complaint regardless of employee count or whether it carries on a business (figures checked 1 October 2026). The charity exception depends on registered-charity status; it is not a general exemption for every organisation with exactly 100 employees.
How does AFCA apply the 100-employee threshold?
AFCA’s ordinary small-business rules can be summarised as follows:
| Organisation or group | AFCA position |
|---|---|
| Ordinary small business | Must have fewer than 100 employees. |
| Organisation with exactly 100 employees | Does not meet the ordinary small-business definition. |
| Relevant group of related companies with 100 employees or more | AFCA cannot consider the complaint. |
| Not-for-profit organisation, or club that is not a registered charity | May be considered if it carries on a business and has fewer than 100 employees. |
| Registered charity | May be considered regardless of employee count or whether it carries on a business. |
AFCA says a small business may be a partnership, incorporated trustee or company, including a primary production business. The related-company rule also means that checking the employee count of one legal entity alone may not answer the AFCA question; the relevant group must be considered.
What if employee numbers fluctuate around 100?
For most businesses, AFCA says it will be clear whether the employee count is above or below the threshold. If numbers fluctuate around it, however, AFCA requires substantiation of the number of employees at the time of the events giving rise to the claim against the financial firm.
Wage records are one example of evidence AFCA may require. It is therefore sensible to have records covering the relevant event period ready, rather than relying only on a current headcount.
If you are unsure whether AFCA can consider a complaint, AFCA recommends submitting the information anyway so it can review the matter and discuss it with you. Submission does not guarantee that the complaint is within scope.
How does a registered charity differ?
AFCA may consider a registered charity’s complaint regardless of how many people it employs and whether it carries on a business. This is a separate status-based rule, not an extension of the ordinary fewer-than-100-employees threshold.
By contrast, AFCA also considers complaints from not-for-profit organisations, and from clubs that are not registered charities, when they carry on a business and have fewer than 100 employees. The registered-charity rule answers the employee-count and business-status questions only; other AFCA requirements still apply.
Is fewer than 100 employees enough for AFCA to consider the complaint?
No. The employee threshold answers only one part of AFCA jurisdiction. AFCA can assist a small business with a complaint about a financial firm, but it must also assess the product, the facts and its Rules.
Other relevant limits include:
| Issue | AFCA position |
|---|---|
| Small-business credit facility | AFCA cannot consider a complaint about a facility exceeding $6.3 million when the complaint is lodged on or after 1 January 2024. For earlier complaints, the relevant version of the AFCA Rules must be checked. |
| Borrower or guarantor | The credit-facility exclusion applies whether the complainant is the borrower or a guarantor. |
| General insurance | AFCA’s jurisdiction is limited by insurance product type, and it cannot consider complaints about every small-business insurance product. |
A credit facility may include a loan, lease, line of credit, guarantee, other debt instrument, or a combination approved under the same credit contract or at the same time. The $6.3 million exclusion can therefore affect more than a single loan.
How can an eligible business make a complaint?
AFCA provides several channels:
- Online: Use its online complaint form. An account allows the complainant to manage the complaint throughout the AFCA process.
- Live Chat: Ask questions or get help completing the complaint form.
- PDF form: Download, print and complete the form.
- Telephone: Call 1800 931 678. The call is free.
- Email: Send the complaint form or enquiries to info@afca.org.au.
- Post: Submit by post using the current instructions on the AFCA page linked above.
AFCA’s service is free to access.
What happens after the complaint is lodged?
| Stage | What happens |
|---|---|
| Lodgement | AFCA refers the complaint to the financial firm. |
| Financial firm’s response | The firm reviews the complaint and attempts direct resolution within a set timeframe. |
| Further consideration | If the complaint is not resolved within that timeframe, AFCA progresses it and may use negotiation or conciliation to seek a settlement. |
| Preliminary assessment | AFCA may provide the complainant and financial firm with a preliminary assessment of the complaint’s merits. |
| Determination | If the complainant rejects the preliminary assessment, AFCA makes a determination. Its determinations bind 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. Third-party agencies are also available for people who need more support.
This is general information, not financial or legal advice. Check the linked AFCA page for the current eligibility and complaint rules, and check the relevant policy’s Product Disclosure Statement (PDS) before deciding how to proceed.
Sources
- Small Businesses with a financial complaint | Australian Financial Complaints Authority — figures checked 1 October 2026
FAQ
Can a business with exactly 100 employees still submit information to AFCA?
It can submit information for review, but that is different from AFCA agreeing to consider the matter. An ordinary business with exactly 100 employees does not meet AFCA’s small-business threshold.
Does a related-company group change the answer?
Yes. AFCA cannot consider a complaint if the relevant group of related companies has 100 employees or more, even if the particular entity making the complaint has fewer employees.
Does registered-charity status remove the employee limit?
Yes. AFCA may consider a registered charity’s complaint regardless of employee count or whether it carries on a business. Other AFCA requirements still apply.
What evidence should be kept when employee numbers are close to 100?
If the number fluctuates around the threshold, AFCA requires substantiation of the employee count at the time of the events giving rise to the claim. Wage records are one example of evidence that may be required.
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