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The Department of Customer Service (the Department) on behalf of the Commissioner for Fair Trading, gives priority to protecting the privacy of your personal information and health information. We do this by handling the information in a responsible manner, in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act) and Health Records and Information Privacy Act (HRIP Act). Service NSW acts as a shopfront for us and performs transactions for you, on our behalf. Your MyServiceNSW Account is being used to initiate this application.

The personal and health information contained in your application is collected and held by the Better Regulation Division of the Department and Service NSW will collect and hold the information on our behalf as part of the application process.

Why we collect your personal information

The personal information and health information contained in your application may be used for the following purposes: 

  1. Issuing you with a commercial agent licence in accordance with Part 5 of the Fair Trading Act 1987 (NSW).
  2. Internal administrative purposes, including liaising with you in relation to your application, and in relation to compliance, investigations, and enforcement of the Fair Trading Act 1987 (NSW).
  3. We may use the information 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.
  4. Verifying your proof of identity documents with the Document Verification Service and/or Visa Entitlement Verification Online.
  5. Establishing or maintaining records in your MyServiceNSW Account and/or MyServiceNSW Business Profile.
  6. Other directly related purposes.

The consequence of not providing your personal information and health information is that your application may not be able to be determined.

Personal and health information we collect

We collect the following personal information:

  • your full name, place of birth, contact details (address, email, phone number and mailing address) 
  • your Commercial Agents & Private Inquiry Agents license number (if applicable)  
  • proof of identity information, which may include your passport, driver licence, Medicare card details or other proof of identity
  • additional personal information if it is required to satisfy the eligibility requirements for the licence

We note as part of the application process, if you have selected yes to being a “mentally incapacitated person”, you may be asked to provide medical evidence from a medical practitioner. This will assist the Department in determining whether you are able to be issued with a commercial agent licence.

How we may use this information

We may use the personal information and health information contained in your application for the purposes for which it was collected, including 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. We may also use it to administer and update your licence, including to send you information that we consider important such as reminders to renew licences.

We will store and manage your personal information and health information in accordance with the provisions under the PPIP Act and HRIP Act. This being the information is to be kept for no longer than necessary for the purposes of which the information may lawfully be used. The information is disposed of securely, protected by taking reasonably necessary safeguards against any loss, unauthorised access, use, misuse, modification or disclosure and against all other misuse of information.

How we may disclose this information

If required, we may make enquiries and exchange information with other NSW government agencies (including the NSW Police Force), or other States, Territories and/or the Commonwealth for the purposes of assessing your application and for compliance purposes. We may disclose the information for these purposes. If you are making an application as an officer of a company, the Department will receive your personal information and health information from the person making the application on behalf of the company.

We will not use or disclose your personal information and health information to anybody else unless you have given consent, or we are authorised or permitted to do so by law. Our Privacy Statement describes when this may occur. You can find this information and our Privacy Management Plan on the Department of Customer Service website.

Further information

Better Regulation Division, Department of Customer Service

Please see the Fair Trading Privacy Management Plan for more information about how we handle your personal information, how you can request access to or correct the personal information we hold about you (if the information is inaccurate, incomplete, not relevant or out of date) and who to contact if you have a privacy enquiry or complaint, or email brdprivacy@customerservice.nsw.gov.au.

Service NSW

For further details about how Service NSW collects and manages personal information and health information, how you can access and correct it, to raise concerns about an alleged breach of privacy law or other relevant legislation, or to make a privacy complaint, please visit the Service NSW privacy statement.  Service NSW is located at 2-24 Rawson Place Sydney NSW 2000 and can be contacted on info@service.nsw.gov.au.

Last updated: 30 June 2022