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Does AFCA Use the Consumer Responsible-Lending Test for Small-Business Loans?

·8 min read

No. According to AFCA’s guidance for small businesses with a financial complaint, AFCA does not take into account the responsible-lending provisions of the National Consumer Credit Protection Act 2009 (Cth), the National Credit Code or RG209 when assessing a small-business loan complaint.

Figures checked 1 October 2026.

That means there is no test of “unsuitability” for a small-business loan, and a small-business lender is not required to make the same level of enquiries as a consumer lender; AFCA can still assess due care and skill and misleading or unconscionable conduct under the Australian Securities and Investments Commission Act 2001 (Cth).

How does AFCA treat small-business lending differently?

AFCA says it handles small-business lending complaints separately because lenders’ obligations differ significantly from their obligations when lending to consumers.

Consumer responsible-lending elementAFCA’s position for a small-business loan complaint
Responsible-lending provisions of the National Consumer Credit Protection Act 2009 (Cth)Not taken into account
Responsible-lending provisions of the National Credit CodeNot taken into account
RG209 responsible-lending frameworkNot taken into account
Unsuitability testNo such test applies to a small-business loan
Level of lender enquiriesThe lender need not make the same level of enquiries required for consumer lending

The practical distinction is the framework used to assess the complaint. AFCA does not apply the consumer responsible-lending route, but that does not mean a small-business complaint has no possible merit.

What duties can still matter in a loan complaint?

AFCA reviews the circumstances of the complaint alongside lenders’ obligations under statute, good industry practice and codes of practice. In particular, its guidance identifies:

These duties are separate from the consumer unsuitability test. A business borrower may therefore complain about the conduct of the lending process even though AFCA is not assessing the loan through the consumer responsible-lending framework.

Can AFCA still consider a small-business loan complaint?

Yes. AFCA can assist a small business in resolving a complaint about a financial firm and can consider complaints about business finance, including small-business loans, credit cards, commercial bills, hire purchases, instalment leases, letters of credit, lines of credit and overdrafts.

That does not make every complaint eligible. AFCA still applies its Rules, including its business, amount and subject-matter limits. If you are unsure whether a complaint falls within its scope, AFCA recommends submitting the information so it can review it and discuss the issue with you.

Is every small-business loan complaint within AFCA’s jurisdiction?

No. The following are key scope checks from AFCA’s guidance:

Scope issueAFCA position
Number of employeesAFCA defines a small business as an organisation with fewer than 100 employees
Related companiesAFCA cannot consider a complaint if the relevant group of related companies has 100 employees or more
Employees near the thresholdAFCA may require substantiation, such as wage records, showing employee numbers when the events giving rise to the complaint occurred
Registered charityAFCA can consider a registered charity’s complaint regardless of employee numbers or whether it carries on a business
Facility amountFor complaints lodged on or after 1 January 2024, AFCA cannot consider a complaint about a small-business credit facility exceeding $6.3 million
Borrower or guarantorThe $6.3 million exclusion applies whether the complainant is the borrower or guarantor
Earlier complaintsComplaints lodged before 1 January 2024 must be checked against the relevant version of AFCA’s Rules

A credit facility may include a loan, lease, line of credit, guarantee, another debt instrument, or a combination approved under the same contract or at the same time.

How does AFCA handle the complaint?

AFCA describes the process as follows:

  1. Submit the complaint. You can use the online form, telephone, email or post. Creating an account lets you manage the complaint throughout AFCA’s process, and AFCA’s service is free to access.
  2. The financial firm reviews it. AFCA refers the complaint to the financial firm and asks it to attempt direct resolution within a set timeframe.
  3. AFCA considers the complaint. If the firm does not resolve it within that timeframe, AFCA progresses the complaint for further consideration.
  4. Settlement may be attempted. AFCA may work with the parties using methods such as negotiation and conciliation.
  5. A determination may follow. AFCA may provide a preliminary assessment. If the complainant rejects that assessment, AFCA makes a determination, which binds the financial firm.

What should you check before making a complaint?

Check the current AFCA regulator page and the relevant version of its Rules before relying on a complaint deadline, monetary limit or eligibility category. For a lending dispute, also check the loan contract and related documents. If the complaint concerns insurance, check the policy’s Product Disclosure Statement, or PDS, as well.

This is general information, not financial or legal advice.

Sources

FAQ

Does AFCA apply RG209 when reviewing a small-business loan complaint?

No. AFCA says it does not take into account the responsible-lending provisions of the National Consumer Credit Protection Act 2009 (Cth), the National Credit Code or RG209 when assessing a small-business loan complaint.

Does the absence of an unsuitability test mean AFCA ignores business loans?

No. AFCA can still consider small-business loan complaints by examining the circumstances and the lender’s obligations under applicable statutes, good industry practice and codes of practice.

Can AFCA consider misleading or unconscionable conduct?

Yes. AFCA’s review can include the statutory prohibition on misleading or unconscionable conduct under the Australian Securities and Investments Commission Act 2001 (Cth), together with the implied warranty of due care and skill.

Is a business loan above $6.3 million always outside AFCA?

Not without considering the lodgement date. AFCA cannot consider a complaint about a small-business credit facility exceeding $6.3 million when the complaint is lodged on or after 1 January 2024. Earlier complaints must be checked against the relevant version of AFCA’s Rules.

Does a small business have to make the same enquiries as a consumer lender?

No. AFCA states that a small-business lender is not required to make the same level of enquiries as a lender providing consumer credit. This does not remove other duties, including due care and skill and the prohibitions on misleading or unconscionable conduct.

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