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Why we collect your personal information
The kinds of information we collect
Failure to provide information
How we may use this information
Who we are
Your information is being collected by the Department of Customer Service (the Department) on behalf of the Commissioner for NSW Fair Trading. NSW Fair Trading gives priority to protecting the privacy of your personal information, in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act) and Health Records and Information Privacy Act 2002 (HRIP Act).
If you have any questions about this document, or how we handle your personal information, you can contact our Privacy team using the contact details at the end of this notice.
Why we collect your personal information
NSW Fair Trading is collecting your personal information for the purposes of extending your assistant agent certificate of registration issued under the Property and Stock Agents Act 2002.
The kinds of information we collect
We may collect the following information:
- Confirmation of your enrolment in Certificate IV in Real Estate Practice (CPP41419) or Certificate IV in Strata Community Management (CPP40516 or CPP40521)
- Your response to the declaration relating to convictions, mental capacity*, disqualifications, suspensions, failure to pay a contribution or levy payable, amounts owed to the Crown for recovery of payments, and failure to pay any monetary penalty in relation to disciplinary proceedings or failure to comply with a direction given by the Secretary under the Act
- Any feedback you provide.
*Information relating to your mental capacity is ‘health information’ and attracts a higher level of protection under the HRIP Act. This information will assist NSW Fair Trading in determining whether you are eligible to extend your certificate of registration.
Failure to provide information
Your information is provided voluntarily however if you choose not to provide your information, we may be unable to process your application.
How we may use this information
We may use the information we collect in the following ways:
- To assess your application to extend your assistant agent certificate of registration in accordance with the Property and Stock Agents Act 2002, Property and Stock Agents Regulation 2022, the Property and the Stock Agents (Qualifications) Order 2019.
- Internal administrative purposes, including liaising with you in relation to your application, and in relation to compliance, investigations, and enforcement of the Property and Stock Agents Act 2002 or Fair Trading Act 1987.
- To administer and update your licence, including to send you information that we consider important such as to confirm your details if you make any subsequent applications in relation to any licence or authority issued by the Department on behalf of the Commissioner for Fair Trading.
- To support more informed policy making, program management, evaluation, research, and service planning as it can facilitate more efficient service delivery for residents and business in NSW.
- To record information on a public register which is published online (as required by section 220 of the Property and Stock Agents Act 2002 and clause 58 of the Property and Stock Agents Regulation 2022). Where applicable, this may include your name, licence number, type and validity, classes and conditions, premises address and associated compliance history.
- Other directly related purposes.
Who we may share your information with
If required, we may make enquiries and exchange information with other NSW Government agencies, or other States, Territories and/or the Commonwealth for the purposes of assessing your application and your ongoing eligibility to hold this certificate of registration and for compliance purposes. We may disclose your information to such bodies for these purposes.
We will not disclose your information to anybody else unless we are authorised or permitted to do so by law or where you have given consent. Our Privacy Statement describes when this may occur.
Digital NSW
We are partnered with Digital NSW (part of the Department of Customer Service) who assist us with our business operations by providing software and storing data on our behalf. Digital.NSW have a Privacy Statement, which outlines how they look after this data.
Protecting your information
We will store and manage your information in accordance with the provisions of the PPIP and HRIP Acts.
Your rights
Subject to certain conditions, you have the right to request access to, and the correction of your personal information. If you wish to invoke any of the above rights, please contact us using the details below.
Contact us
For further information about how we handle your personal information, please see our Privacy Management Plan, our Privacy Statement or you can contact us at [email protected]