ASIC decisions: Your rights

ASIC makes many decisions about corporations, securities and financial products and services that might affect you. If we have made a decision that directly affects you, you may have rights connected with the decision. This information sheet sets out an overview of your rights and how to exercise them. You may have other rights in addition to those discussed here.

What can you find out from us?

Talk to us about the decision	ASIC decision maker - If you need to clarify anything relating to the decision, you may find it helpful to discuss it with the ASIC staff member who 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.
Get our reasons in writing	If we have not told you why we made the decision when we notified you about it, you may be entitled to ask for a written statement of reasons. How to apply You must write to the person who made the decision within 28 days of being told about the decision. 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.
Ask for access to other documents	You may 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 at FOIrequest@asic.gov.au.

Can you get an independent review?

You may have a right to seek review of the decision by the ART. The ART is an independent body that can review some of ASIC’s decisions. The ART can, among other things:

• confirm our decision
• vary our decision, or
• set our decision aside and replace it with its own decision.

How to apply to the ART

In writing	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.
In time	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.
Pay the fee	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.

If you have any questions about the ART's procedures and requirements, you can visit the ART website, call the ART on 1800 228 333 or write to the ART at GPO Box 9955 in your capital city.

If you are unhappy with how we handled your matter

Talk to us	If you have concerns about the way we have handled a matter, you can lodge a complaint with ASIC. We have provided information about lodging a complaint on the ASIC website.
Take it further	You may also have the right to complain to the Commonwealth Ombudsman. However, the Ombudsman usually prefers that you discuss your complaint with ASIC first. There is an office of the Commonwealth Ombudsman in each capital city. For further information call 1300 362 072 or visit the Commonwealth Ombudsman website.

Where can I get more information?

• Contact ASIC online
• Visit the ART website
• Visit the Commonwealth Ombudsman website
• Visit the Office of the Australian Information Commissioner website
• You may wish to seek legal advice.

Important notice

Please note that this information sheet is a summary giving you basic information about a particular topic. It does not cover the whole of the relevant law regarding that topic, and it is not a substitute for professional advice.

You should also note that because this information sheet avoids legal language wherever possible, it might include some generalisations about the application of the law. Some provisions of the law referred to have exceptions or important qualifications. In most cases your particular circumstances must be taken into account when determining how the law applies to you.