Advertising Standards Bureau Review of Operations 2016 2016 Review of operations_WEB - Page 66

Independent review process Details of the independent review process are available on the ASB website (www.adstandards. com.au) which covers the following: • Who can ask for a review • Time frame for requesting a review • Grounds for review • Cost of making a request 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. 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. 64 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. During the review process, the original determination (and any subsequent remedial action or withdrawal of the advertisement) will stand. The ASB will not delay publication of the relevant determination pending the outcome of the review. What happens after a review 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 ASB will inform all parties of the Board’s final determination. Determinations that are revised or amended following a review will be published on the ASB website. Advertising Standards Bureau