In the digital age, scams have become an unfortunate part of life, especially for those who may not be as familiar with modern technology as the younger generation.

Sadly, Australians are losing millions to sophisticated scams every year, and the road to recovery can be long and frustrating.

When it comes to getting your money back after being scammed, the odds are not in your favour, and it's a reality that's leaving many Australians heartbroken and in financial distress.

The Australian Financial Complaints Authority (AFCA) is an independent external dispute resolution service.

It is often seen as the last beacon of hope for victims who have lost their savings to scammers.

AFCA has the power to compel banks to compensate those affected.


However, a recent analysis of AFCA's published decisions over the past financial year reveals a grim picture:

Only 4.8 per cent of scam victims who took their case to AFCA received full reimbursement from their banks.

The statistics are sobering. Bank customers who escalated their complaints to AFCA's final decision process lost a staggering $12 million to scams since June of the previous year.


Still, the banks were only ordered to reimburse a mere $525,000 of that sum.

In 61 per cent of cases, victims received nothing, and in 28 per cent of cases, they were awarded 'non-financial compensation,' which might include a letter of apology or acknowledgment of the customer's frustration, but no actual money back.

The most common outcome for scam victims seeking redress through AFCA was to walk away empty-handed.

This has led to a public outcry and a campaign called People Before Profit, urging the federal government to mandate banks to compensate scam victims, similar to legislation introduced in the UK in October of the previous year.

The UK's approach is seen as a world-leading example, where banks must reimburse scam victims within five business days, except in cases of gross negligence.

This stands in stark contrast to the situation in Australia, where AFCA's hands are often tied by the outdated Australia ePayments code, which many believe is in desperate need of an overhaul.


AFCA's non-financial compensation is capped at $5,400, which is cold comfort for those who have lost much more.

In one particularly stark case, a woman who lost nearly half a million dollars to scammers was awarded just $250 in non-financial compensation after her bank delayed attempts to recover the funds.

In most cases where a victim has unwittingly transferred money to a scammer, AFCA has found that it wasn't the bank's fault because the customer 'authorised' the payment despite being deceived about the destination of their funds.

However, there have been instances where AFCA has ruled in favour of the victim, setting a precedent for future cases.

One such case involved an HSBC customer who fell victim to a sophisticated spoofing scam, resulting in a $47,000 loss.

AFCA ruled that the bank should reimburse the victim due to the exceptional circumstances of the fraud.


Despite these occasional victories, the overall picture remains bleak.

Australian cyber expert and forensic investigator Simon Smith describes AFCA as 'glorified mediators' and criticises the outdated legislation that leaves scam victims without adequate protection.

Banks can often defend themselves effectively in these cases, and since AFCA isn't an official court, they can't be compelled to disclose crucial information that could help the victim's case.

For the average scam victim, navigating the system is daunting and often fruitless.

It's a stark reminder of the importance of staying vigilant and informed about the risks of scams.

If you or someone you know has been affected by a scam, you must report it to the authorities and seek advice on the best course of action.
Have you or someone you know been a victim of a scam? What was the outcome? Let's start a conversation and support each other in the fight against fraud.