Appealing a classification
Any decision of the Office of Film and Literature Classification can be appealed to the Film and Literature Board of Review within 20 working days of the decision being published by the Classification Office.
Who can appeal a classification decision?
People directly associated with the publication have an automatic right to appeal a decision within the timeframe (eg, the owner or maker of the publication). Other people (eg, a lobby group or a member of the public) must seek leave, ie permission, from the Secretary of Internal Affairs before they can submit a publication to the Board of Review.
What does it cost for a review?
There are different costs for a review depending on whether a person has a commercial interest in the film.
what's involved in a review?
The Board views the film and issues a new classification decision on it. This may be the same or different to the decision of the Office of Film and Literature Classification, but it overrides it. Films discussed in the case studies section of this site which went to the Film and Literature Board of Review include: Saving Private Ryan, Passion of the Christ, and Eight Mile.
Read case studies which feature Board of Review decisions
Can the Board of review's decisions be appealed?
If a person considers the Film and Literature Board of Review has made an error in law when making their decision, it is possible to seek a judicial review in the High Court. Decisions of the High Court can be appealed to the Court of Appeal. These Courts cannot make a classification decision themselves, but they can direct the Board to reconsider the publication.
Are there other ways to change a classification?
Once three years has elapsed, or if there is a significant reason, anyone can apply to submit a publication for re-classification. When this happens, the publication is classified using the current law and classification criteria if that is different from the law at the time of the original classification.
Glossary:
- Judicial review = An appeal case to the High Court on a point of law. For example if a person thinks that the Board of Review made an error in interpreting the Classification Act when they made a decision on a publication, the person could seek a judicial review
