A review of a registrar decision is the second tier of auDA's complaints process.

Review of a registrar decision

If you have lodged a complaint with a registrar and are unhappy with the outcome or have received no response to it, you can apply for a review of the registrar's decision by auDA.

You can only apply for a review of a registrar decision once you have exhausted all options with the registrar. These options may include escalation of complaints within the registrar's processes as well as asking for any review of a decision that the registrar may offer. Each registrar is different and will have varying options.

The review of a registrar's decision is conducted by auDA's compliance team. 

Applying for a review of a registrar decision

The timeline to submit an application for a review varies according to the decision made by the registrar.

Decision

Application for review deadline

Registrar decides to cancel a licence

Within 5 calendar days from the date the Registrar made the decision

Registrar decides to suspend a licence

Within 28 calendar days from the date the Registrar made the decision

All other matters

Within calendar 28 days from the date the registrar made the decision/failed to make the decision/rectify an issue/did something with is the subject of a complaint

You can request an extension of the 28-day lodgement period for suspended licences or other matters.

In cases where the registrar has decided to cancel a licence, no extension to the 5-day lodgement period can be given.

An application for a review of a registrar decision must be submitted via auDA's complaints form and include:

  1. the name and contact details of the Person seeking the review;
  2. the original complaint as submitted to the Registrar;
  3. the written decision of the Registrar;
  4. the Person’s reasons for making the application;
  5. the avenues of redress undertaken by the Person in regard to the complaint; and
  6. set out the remedies which the Person is seeking.

auDA will confirm receipt of your application for a review of a registrar decision within three business days. If your application is valid, auDA will place on hold any action made by a registrar until it has completed its review (e.g. if the registrar has decided to cancel a licence, the cancellation process will be put on hold). 

auDA must make a decision within 28 days or receiving a valid application for a review, or must advise you of a revised timeframe.

 Outcome of a review of a registrar decision

As a result of the review auDA may:

  • Affirm the registrar's decision
  • Revoke the registrar's decision
  • Vary the registrar's decision
  • Refer the decision back to the registrar for reconsideration

Once auDA has made a decision, they must inform you as soon as possible of:

  1. the decision;
  2. the reasons for the decision; and
  3. your right to seek an internal review of that decision.

If auDA affirms the registrar's decision, it will remove any holds placed on registrar actions.

Once auDA has made a decision, you have the right to apply for an internal review of auDA's decision.

Category: Complaints and disputes