FORMAL NOTICE OF PROCEDURAL FAILURE, SERVICE‑COMPLAINT MISMANAGEMENT, AND REGULATORY CONCERNS ARISING FROM AFCA’S HANDLING OF CASE 12‑00‑978102 (QBE INSURANCE)
For: AFCA Service Complaints Team, Chief Ombudsman, AFCA Independent Assessor, ASIC
From: Mr Nicholas Ni Kok Chin
Date: 29 January 2026
English / 中文 / Bahasa Melayu This public notice is issued in three languages to ensure clarity, transparency, and accessibility for all readers. It summarises my formal response to AFCA’s refusal to register my service complaint, my escalation to the Chief Ombudsman, my submission to the AFCA Independent Assessor, and my regulatory notification to ASIC.
This document consolidates my formal response to AFCA’s refusal to register my service complaint, my escalation to the Chief Ombudsman, my submission to the AFCA Independent Assessor, and my regulatory notification to ASIC. It also provides a public‑interest explanation of the systemic issues raised by AFCA’s conduct
Update (29 January 2026):
ASIC has acknowledged receipt of my regulatory notification and issued Reference Number 10105900. This confirms that the matter is now formally registered with the regulator for oversight and monitoring.
1. COVERING LETTER (FOR ALL RECIPIENTS)
To whom it may concern,
This consolidated notice is issued in response to correspondence dated 29 January 2026 from Mr George Lianos, AFCA Service Complaints Team, regarding Case 12‑00‑978102 (QBE Insurance).
The purpose of this document is to:
- Correct the factual and procedural errors in AFCA’s refusal to register my service complaint
- Escalate the matter to the Chief Ombudsman
- Refer the matter to the AFCA Independent Assessor
- Notify ASIC of potential systemic non‑compliance
- Provide a public‑interest record for transparency
This document is structured to allow each recipient to identify the sections relevant to their statutory or administrative role.
2. SUMMARY OF THE ISSUE
AFCA has refused to register my service complaint on the basis that:
- The determination was issued on 20 May 2024
- The case was closed on 27 May 2024
- Service complaints must be lodged within six months
- AFCA claims my complaint was lodged “out of time”
This refusal is factually incorrect, procedurally flawed, and administratively unreasonable, because:
- 1. I raised service‑complaint concerns within the six‑month period
- 2. AFCA failed to register those concerns
- 3. AFCA’s own administrative failure cannot be used to deny my rights
- 4. AFCA has not addressed the substance of my complaint
- 5. AFCA’s refusal letter does not engage with the evidence, timeline, or correspondence history
This constitutes a procedural failure, service‑complaint mishandling, and a potential systemic issue requiring external oversight.
3. TIMELINE OF RELEVANT EVENTS
| Date | Event |
|---|---|
| 20 May 2024 | AFCA issues determination for Case 12‑00‑978102 |
| 27 May 2024 | AFCA marks the case as “closed” |
| May–Nov 2024 | I raise concerns about procedural fairness, evidence handling, and AFCA conduct |
| Throughout 2024 | AFCA staff provide inconsistent procedural advice; no service complaint is registered |
| 2025 | Further correspondence raising service‑quality concerns is ignored or misdirected |
| 21 Jan 2026 23 January 2026 |
Phone call with AFCA (Jesse Thammakitpairote) confirming concerns remain unresolved ASIC acknowledges receipt of Report of Misconduct and issues Reference Number 10105900 | |
| 29 Jan 2026 | AFCA refuses to register service complaint, citing “out of time” |
4. FORMAL RESPONSE TO GEORGE LIANOS (AFCA SERVICE COMPLAINTS TEAM)
Dear Mr Lianos,
Thank you for your letter dated 29 January 2026.
Your conclusion that my service complaint is “out of time” is based on an incorrect assumption that I did not raise service‑quality concerns within the six‑month period following the closure of Case 12‑00‑978102.
This is factually incorrect.
I raised concerns about:
- procedural fairness
- evidence handling
- staff conduct
- failure to escalate
- failure to respond to correspondence
within the six‑month period, but AFCA failed to register them.
AFCA’s administrative failure cannot be used to deny my right to a service‑complaint review.
I therefore request:
- 1. Immediate registration of my service complaint
- 2. Confirmation of the complaint reference number
- 3. A full service‑quality investigation into AFCA’s handling of Case 12‑00‑978102
5. ESCALATION TO THE CHIEF OMBUDSMAN
Dear Chief Ombudsman,
I request your intervention because:
- AFCA staff failed to register my service complaint
- AFCA provided inconsistent procedural advice
- AFCA’s refusal is based on its own administrative error
- AFCA has not addressed the substance of my concerns
- AFCA’s conduct raises issues of procedural fairness and transparency
I request:
- A. A full review of AFCA’s handling of my service‑complaint attempts
- B. A determination on whether AFCA breached its own service‑complaint policy
- C. Confirmation that AFCA will not rely on its own administrative failures to deny complainant rights
6. SUBMISSION TO THE AFCA INDEPENDENT ASSESSOR
Dear Independent Assessor,
I submit this matter for your review on the basis of:
- Failure to register a service complaint
- Failure to respond to correspondence
- Failure to follow AFCA’s own published policies
- Unreasonable refusal based on incorrect timelines
- Failure to provide procedural fairness
I request that you:
- 1. Investigate AFCA’s handling of my service‑complaint attempts
- 2. Determine whether AFCA’s refusal constitutes a service failure
- 3. Recommend that AFCA register and investigate my service complaint
7. REGULATORY COMPLAINT TO ASIC
Dear ASIC
(ASIC Reference Number: 10105900 Date acknowledged: 23 January 2026)
I notify you of potential systemic issues in AFCA’s operations, including:
- Failure to register service complaints
- Failure to follow published policies
- Failure to provide procedural fairness
- Inconsistent procedural advice
- Administrative refusals based on incorrect timelines
- Potential systemic obstruction of complainant rights
These issues may indicate:
- Non‑compliance with AFCA’s statutory obligations
- Systemic administrative deficiencies
- Risk to public confidence in the external dispute resolution framework
I request that ASIC:
- 1. Review AFCA’s handling of service complaints
- 2. Assess whether AFCA’s conduct is consistent with its statutory obligations
- 3. Determine whether regulatory intervention is required
8. PUBLIC‑INTEREST STATEMENT
THE PUBLIC HAS A RIGHT TO KNOW
This case highlights a systemic issue:
AFCA can refuse to register a service complaint and later claim it is “out of time,” using its own administrative failure to deny accountability.
This undermines:
- procedural fairness
- transparency
- public confidence in AFCA
- the integrity of the external dispute resolution system
This document is published in the public interest to ensure transparency and to assist others who may face similar procedural barriers.
9. REMEDIES SOUGHT
I request:
- 1. Registration of my service complaint
- 2. A full service‑quality investigation
- 3. Review by the Chief Ombudsman
- 4. Independent Assessor investigation
- 5. ASIC review of systemic issues
- 6. Written confirmation of corrective action
10. CLOSING
I look forward to your prompt response.
Yours faithfully,
Mr Nicholas Ni Kok Chin
387 Alexander Drive
Dianella WA 6059
Email: nnchinatv@gmail.com
This publication forms part of an ongoing public‑interest archive documenting procedural failures, administrative mismanagement, and systemic issues affecting consumers in Australia’s financial dispute‑resolution framework. It is published to ensure transparency, accountability, and accessibility for all affected parties and observers.
This post is the authoritative version of the record. Any earlier drafts or duplicate posts have been removed to prevent confusion and ensure a single, accurate public reference.
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Author
Mr Nicholas Ni Kok Chin Retired Teacher & Trained Lawyer Advocate for Procedural Justice and Public Accountability
Contact for Media or Regulatory Follow‑Up
Enquiries relating to this publication may be directed through the public comment function or via formal correspondence channels.
Regulatory Status: ASIC has formally acknowledged receipt of this matter and issued Reference Number 10105900. This confirms that the report has been registered for regulatory monitoring.
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