Advertising Standards Bureau Review of Operations 2014 - Page 86

The Independent Reviewer does not provide a further merit review of a case. Their role is to recommend whether the Board’s original determination should be confirmed or be reviewed. It is inappropriate to set up one person as a decision maker in place of a 20 member Board that makes determinations on the basis of community standards. The Independent Reviewer will first consider whether the application for review sets out a prima facie case for review and will decide to accept or not accept the request. If the Independent Reviewer decides to accept the request, the Independent Reviewer will undertake appropriate investigation. The investigation will include an invitation for other parties in the case (ie either the complainant(s) whose views were considered by the Board or the advertiser) to comment in writing on the submission provided by the party requesting the review. The Independent Reviewer can request that parties to a case appear in person or by teleconference if necessary. If the Independent Reviewer decides not to accept the request because they consider that it does not meet any of the required grounds, the person making the request will be informed and no refund will be given. Following investigation the Independent Reviewer will make a recommendation to the Board, stating whether the Board’s original determination should be reviewed or confirmed. What happens after a review The Independent Reviewer can recommend: • t he Board’s determination should be confirmed. There is no further investigation and the Board’s original determination remains in place. • t he Board should review its determination. In this situation the case will be referred back to the Board at its next meeting along with the Independent Reviewer’s recommendation and any material submitted during the independent review process. The Board must then review its determination in line with any recommendations from the Independent Reviewer. The Board can then either uphold or dismiss the original complaint/s. The case report for the original case will be revised to include details of the Independent Reviewer’s recommendation and, where necessary, the outcome of the Board’s review of its determination. The Board’s determination on reviewed cases is final. No further review is possible. The ASB will inform all parties of the Board’s final determination. Determinations that are revised or ame