Chair of the sitting panel – If you need to clarify anything relating to the decision, you may find it helpful to discuss it with the chair of the sitting panel that made the decision.

Administrative Law Team – You can also contact the Senior Manager, Administrative Law Team by email to senior.manager.alt@asic.gov.au or by mail to:

Senior Manager, Administrative Law Team
Australian Securities and Investments Commission
GPO Box 9827, Melbourne VIC 3001

The Senior Manager, Administrative Law Team can explain how to exercise the rights set out in this information sheet. It would be best to do this promptly because there is a 28-day time limit on some applications you may wish to make.

The FSCP is required to provide you with reasons for the decision it has made about you.

If you do not have these reasons, you can ask for a copy from the FSCP. You can do so by emailing FSCP.secretariat@asic.gov.au.

If you are unsatisfied with the statement of reasons, you can apply to the Administrative Review Tribunal (ART) for a decision on whether the statement contains adequate information about specified matters.

You may be able to seek access to documents about the decision under the Freedom of Information Act 1982.

How to apply

You must apply to ASIC in writing, stating clearly which documents you want to obtain. You may send your application by email to FOIrequest@asic.gov.au or by mail to:

Senior Manager, FOI Team
Australian Securities and Investments Commission
GPO Box 9827, Melbourne VIC 3001

Charges may be imposed for the time spent in searching for and retrieving relevant documents, decision-making time, photocopying and postage.

For more information contact the FOI Team by emailing FOIrequest@asic.gov.au.

Can you apply to ASIC to have the decision varied or revoked?

You may apply to ASIC for a variation or revocation of a decision made by a sitting panel to direct you to undertake specified training, supervision, counselling or reporting, or to make an order suspending or cancelling your registration.

You can apply for a variation or revocation in writing to ASIC by emailing FSCP.secretariat@asic.gov.au.

ASIC will determine whether to convene another sitting panel to consider your application. Various matters may be relevant to ASIC’s decision whether to convene a sitting panel, such as whether there has been a change in the circumstances that led to a sitting panel giving the direction or order to the financial adviser.

For more information, see Regulatory Guide 263 Financial Services and Credit Panel (RG 263) at RG 263.35.

You must apply to the ART for review in writing. This can be done via letter or email. Alternatively, the ART has an application form that you may choose to use. The ART website contains further details on how to apply to the ART for review of a decision.

You can apply for review from the day of the decision. Ordinarily, you must apply for the review within 28 days of the day after being told why the decision was made.

You must pay the application fee of $1,121 with your application. The circumstances in which a person may be eligible for a lower application fee, a waiver or a refund are available in Part 5 of the Administrative Review Tribunal Rules 2024.

If you want to apply for the application fee to be reduced or waived you can obtain the application form from the ART.