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. 83