Claims Board process
The process is initiated by a complainant filing a written complaint, together with a filing fee, requesting the Advertising Claims Board to investigate a particular advertisement. Before a panel is convened, the complainant is required to lodge an indemnity, a costs deed, plus a fee estimated by the Advertising Standards Bureau to cover costs taking account of the complexity of the case and the amount of material to be considered.
A complaint accepted for determination by the Advertising Claims Board is forwarded to the advertiser with a request for copies of the challenged advertising and a substantial written response within a specified period. The process allows for further submissions to be made by the complainant and advertiser within advised time frames.
The Claims Board must decide on a complaint and issue a written determination within 15 business days of receiving the final submission. Although usually making its determinations on the basis of written submissions, the Claims Board may also agree to meet with either or both parties in the interests of meeting a resolution.
If the Claims Board decides that any of the advertising claims are not substantiated, it must provide the case decision to the advertiser with an invitation to produce an Advertiser Statement stating whether the claims will be modified or discontinued.
Immediately after receiving such an Advertiser Statement, or on not receiving a response from the advertiser within a nominated period, the procedures require the Claims Board to issue a final case report to the parties.
The Advertising Standards Bureau reserves the right to make the final report publicly available, identifying the advertiser, the product and the subject matter involved, and describing the final decision and the reasoning behind it.
Consequences of failing to respond
If an advertiser fails to respond to advice of a complaint within the specified time, the Claims Board proceeds to consider the complaint and make a determination. Where an advertiser does not agree to modify or discontinue an advertisement found in contravention of the Advertiser Code of Ethics, as well as publishing the case report, the Board can refer the case report to an appropriate government agency and/or forward it to media proprietors.
If you would like to make a complaint, please download the following forms: