TPD claim rejected? How to challenge the decision in Queensland (2026)
If your TPD claim is rejected, you can complain to the super fund or insurer first. A super trustee must usually answer within 45 calendar days under ASIC’s rules. If you are still unhappy, you can complain to AFCA, which sets strict TPD time limits. AFCA says it will not extend those limits.
Key takeaways
What can you do if your TPD claim is rejected?
If your TPD claim is rejected, you usually have a path to challenge it. First, you complain to the fund or insurer through its internal dispute resolution (IDR) process. Next, if that fails, you can take the complaint to the Australian Financial Complaints Authority (AFCA). Finally, a party can appeal an AFCA super decision to the Federal Court, but only on a question of law.
With a TPD claim rejected, it helps to remember what kind of claim it is. A TPD claim is an insurance claim under your policy, as our guide to TPD claims in Queensland explains. So the question is whether you meet the policy’s terms. It is not about who caused your injury.
This page is general information, not legal advice. Each policy’s wording is different, and time limits can be strict. So you may want advice from a lawyer early.
Read the decision and ask for the reasons
Start with the letter that rejected your claim. It should say which policy terms the insurer relied on and what evidence it used. If anything is missing, ask the fund in writing for its reasons. Also ask for copies of the documents it used.
Once you make a formal complaint, the fund’s answer has to meet ASIC’s standards. Under ASIC Regulatory Guide 271 (RG 271.54), a firm that rejects a complaint must address the issues you raised. It must also set out its findings on material facts. It must also give enough detail for you to decide whether to go to AFCA.
For super trustees, the IDR response also meets the duty to give written reasons under the SIS Act s 101 (RG 271.57).
How to complain when a TPD claim is rejected
Make your complaint in writing and keep a copy. You can lodge a complaint about insurance in super with either the insurer or the trustee. Under RG 271.79, they must meet the deadline wherever you lodge it. The clock starts when either one first receives it.
In your complaint, explain why you think the decision is wrong. For example, point to medical reports the insurer did not consider, or to errors about your work history. Then attach any new evidence you have.
How long does the fund have to respond?
ASIC sets maximum timeframes for IDR responses in ASIC Regulatory Guide 271, Table 2. The fund must give you its written response no later than these limits.
|
Type of complaint |
Maximum time for the IDR response |
Source |
|---|---|---|
|
Superannuation trustee complaints (including TPD through super) |
45 calendar days after receiving the complaint |
RG 271.79, Table 2 |
|
Standard complaints (for example, an insurer outside super) |
30 calendar days after receiving the complaint |
RG 271.56, Table 2 |
|
Super death benefit distributions |
90 calendar days after the 28-day objection period ends |
RG 271.80–271.85 |
What if the fund needs more time?
Sometimes a fund cannot respond in time. ASIC allows this only for particularly complex complaints or delays beyond the fund’s control (RG 271.65). For example, you may be waiting on a medical appointment the fund reasonably asked you to attend.
Even then, before the deadline passes, the fund must send you an “IDR delay notification”. The notice must give the reasons for the delay and explain your right to complain to AFCA, with AFCA’s contact details (RG 271.66). In addition, a delay notice does not stop you from going to AFCA.
AFCA time limits when a TPD claim is rejected
If the IDR response doesn’t resolve things, AFCA is the next step. However, its rules set firm deadlines when a TPD claim is rejected. AFCA says it will not extend them (AFCA Rules, rules B.4.1.1–B.4.1.4).
|
Your situation |
AFCA time limit |
|---|---|
|
You permanently stopped work because of your condition |
You must have made the TPD claim within 2 years of permanently ceasing employment, and you must lodge the AFCA complaint within 4 years of the decision |
|
Other TPD cases |
Lodge the complaint within 6 years of the decision |
|
Other superannuation complaints |
Generally within 2 years of the fund’s IDR response, and extendable for good reason |
Why the 2-year rule matters after a TPD claim is rejected
The 2-year rule often catches people out. It looks back to when you lodged the TPD claim, not to when the fund rejected it. Say you lodged the claim more than 2 years after you permanently stopped work. Then AFCA’s rules may stop it from considering your complaint, even with your TPD claim rejected only recently.
That is why it helps to record two dates. One is your last day of work, and the other is the day you lodged the claim. Then you can see quickly which AFCA limit applies.
Appeals and court after AFCA
AFCA’s decision is not always the end. Under Corporations Act 2001 s 1057, a party to a super complaint can appeal to the Federal Court on a question of law. The appeal must start within 28 days after the party receives AFCA’s determination. The court can allow more time.
Some people go to court instead of AFCA. In Queensland, the Limitation of Actions Act 1974 s 10 sets a 6-year limit for actions on a contract. Whether it applies to a TPD dispute depends on the facts, so get legal advice before relying on it.
Other claims keep running
A dispute about TPD does not pause other deadlines. For example, you generally must lodge a WorkCover application within 6 months after your entitlement arises (WCRA s 131). Our time limits table lists every scheme, and our guide to TPD and WorkCover explains how the two fit together.
Also, if your fund later pays the claim, the lump sum has its own tax rules. See tax on a TPD payout for those.
Legal costs if you get help
If you engage a Queensland law practice, the Legal Profession Act 2007 sets the rules on fees. For instance, a firm must not charge a percentage of your payout, except where a scale of costs applies (s 325). Our fees guide explains costs agreements and uplift fees. To compare firms, see our comparison pages.
Frequently asked questions
Sources
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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