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.
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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