An External Review is the fourth tier of auDA's complaints process.
If you are affected by the outcome of an internal review of an auDA decision (tier 3 of the complaints process), you have the right to apply for an external review of the case.
An external review is conducted by a member of the Licence Review Panel. Members of the Licence Review panel generally have experience in administrative review of decisions for a tribunal, regulator and cannot be employed by or a consultant to either auDA or an accredited .au registrar.
Applying for an external review
Applications for an external review can be submitted via auDA's General enquiries form.
An application for an external review must be lodged within 10 calendar days of being notified of a decision resulting from an internal review of an auDA decision.
The application for external review must:
- provide the name and contact details of the Person seeking the review;
- attach the original complaint as submitted to .au Domain Administration;
- attach the written decision of .au Domain Administration;
- attach any correspondence from .au Domain Administration or the Registrar regarding the suspension or cancellation of a licence (if applicable);
- attach the written reasons for that decision as made by .au Domain Administration under paragraph 3.7.2 of these Licensing Rules;
- set out the Person’s reasons for making the application;
- set out the remedies which the Person is seeking; and
- be in the approved form as specified by .au Domain Administration.
auDA will acknowledge receipt of the application within seven days.
External review application fee
There is a fee to lodge an application to the Licence Review Panel which is split evenly between auDA and the applicant. The fee goes to the Licence Review Panel member who is assigned to review the decision.
External review fees (as of 12 April 2021)
1-5 domain name licences: AUD$2,200 inc. GST (applicant pays $1,100 inc. GST)
Additional domain name licences: AUD$330 inc. GST per additional domain name licence
(applicant pays AUD$165 inc. GST per additional domain name licence).
The fee must be paid within three days of auDA acknowledging it has received your application for an external review.
Where a decision affects multiple domain name licences, you can choose to have the LRP review the decision in regards to all or some of the relevant domain name licences.
Conducting the external review
Once accepted, the review is assigned to and conducted by a single member of the Licence Review Panel.
They will consider the matter based on the information before them. The panel member cannot consider any material which had not been provided to auDA at the time of making the decision under review.
A Panel member may:
(a) affirm the decision
(b) set aside the decision and
(i) make a decision in substitution or
(ii) remit the matter for reconsideration by .au Domain Administration.
The panel member must review the material, make a decision and communicate that decision to the applicant, including the reasons for the decision, within 10 days of being appointed to review the case.
Category: Complaints and disputes