Advertising Standards Bureau Review of Operations 2014 | Page 85

2. Independent Review process
If people who originally
complained about an
advertisement or the advertiser
are dissatisfied about a Board
determination regarding a
particular advertisement, they
may ask for a review of the
determination.

Who can ask for a review?
People who originally complained about an
advertisement and the advertiser are the only
people who may request a review. If the complaint
was made by an organisation, an advertiser or
an industry complainant, the request for review
should be signed by a person who, in the opinion
of the Independent Reviewer, has the right to
bind that organisation.
Requests for review received from people who
were not original complainants will not be
submitted to the Independent Reviewer and
payment will be returned.

Time frame for requesting
a review
Requests for review of a Board determination
must be received within 10 business days of the
date of the ASB’s final letter of notification of a
determination and must relate to a determination
taken by the Board within the previous month.
The review process commences on the tenth
day following the date of final notification of a
determination to account for the possibility of
multiple requests.

Grounds for review
Reviews may be undertaken if the request is about
at least one or all of the following grounds.
•

•

Review of Operations 2014

W
here new or additional relevant evidence
which could have a significant bearing on
the determination becomes available. An
explanation of why this information was not
submitted previously must be provided.
W
here there was a substantial flaw in the
Board’s determination (determination clearly
in error having regard to the provisions of

the Code, or clearly made against the weight
of evidence).
•

W
here there was a substantial flaw in the
process by which the determination was
made. Since no review will proceed if the
point at issue is the subject of legal action
between anyone directly involved, requests for
review should make plain that no such action
is underway or contemplated.

Cost of making a request
The cost of lodging a request for review is $100
for complainants, $500 for complainants from not
for profit organisations, $1000 for advertisers who
pay the advertising levy and $2000 for advertisers
who do not pay the advertising levy. This payment
must accompany a request for review and is not
refundable if the Independent Reviewer decides
that the request does not meet the grounds
for review.
The payment is refundable if the Independent
Reviewer accepts the request and the Board
changes its original determination.

Making the request
Requests for a review must be lodged via the
ASB’s online complaints system and must:
•

c
ontain a full statement of the grounds

•

b
e in writing

•

b
e accompanied by relevant payment.

Role of Independent Reviewer
In line with international best practice, the
Independent Reviewer’s role is to assess the
validity of the process followed by the Board, or
to assess any new material provided by parties to
the case.

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