Has your complaint been referred to the Compliance & Enforcement Group of NSW Fair Trading to determine whether a law enforcement investigation of the trader’s conduct is warranted? If so, here is some information about how your complaint will be investigated.
When a complaint is received by the Compliance & Enforcement Group it is assessed carefully and the conduct of the trader is examined along with any known history. Then a decision is made as to what action may be needed to address the trader’s conduct and your complaint.
This will be done as quickly as possible. However, if the issues are complex, it may take longer to address them. We will advise you of the result of our assessment.
When a breach of fair trading legislation is examined the severity of the trader’s conduct and history and the harm or damage caused are considered to ensure we take the most appropriate course of action. In all cases the details are recorded so further action can be taken if the trader comes under adverse notice in the future.
After the complaint has been assessed there are several things that can happen, including:
It must be noted, however, that not all complaints are investigated.
Often further information is needed. You might be contacted to clarify issues, provide more information or arrange for a time to meet to discuss the matter. It is important if you change address and/or your contact telephone number that you inform us of the new details.
You may be requested to provide copies of letters, documents or other material and may also be asked to sign a statement or swear an affidavit that can be used as evidence in court proceedings. Without evidence it is unlikely Fair Trading will be able to take action to stop the offending conduct.
If proceedings are taken against the trader you may be asked to attend a court or tribunal hearing to give evidence about your complaint.
You should note that any investigation conducted by Fair Trading may not necessarily give rise to compensation for individuals. If you are seeking compensation (monetary or otherwise) you may wish to seek you own independent legal advice.
When conducting an investigation Fair Trading will:
Fair Trading will advise you on the outcome of the investigation. However, you may not be provided with specific details of the end result. Where it is in the public interest to do so, information on the outcome of an investigation may be released to the general public in accordance to Fair Trading’s Compliance & Enforcement policy.
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