How can I access NSW Fair Trading information?
Members of the public have a right to access government held information. This promotes open, accountable, fair and effective government.
Search for information on our website
Under the Government Information (Public Access) Act 2009 (GIPA Act), agencies are required to make certain information available on our website, free of charge. This is called 'open access information' and can be found on the accessing Customer Service information section of the Department of Customer Service website.
NSW Fair Trading also publishes information on the NSW Fair Trading website.
If the information you are seeking is not already available and is not otherwise routinely provided by the department on request, then you have a right to apply for access under the GIPA Act. This can be done by way of an informal or formal access application.
Make an informal application
NSW Fair Trading, like all Government agencies, is encouraged to informally release information to the public. If the information you are after is not available, then NSW Fair Trading may be able to release it to you under an informal application.
To seek access to NSW Fair Trading information informally, you must clearly outline your request in writing and send it to [email protected]. Please include as much information as possible so that we can identify the information you are seeking.
Important notes:
- NSW Fair Trading is able to decide how information is released in response to an informal application, including releasing information subject to any reasonable conditions that NSW Fair Trading thinks fit to impose.
- There is no legislative timeframe governing the processing time of an informal application.
- There are no review rights under the GIPA Act if you are not satisfied with NSW Fair Trading’s decision in an informal application.
You may be asked to lodge a formal application, if any of the following apply:
- There are significant public interest considerations that need to be taken into account in deciding whether the information can be released
- The information you are seeking relates to a third party and therefore requires third party consultation
- You request a large volume of information
- It would take a significant amount of time to consider your request
Make a formal application
If the information you are seeking is not available on this website and is not otherwise routinely provided by the department on request, then in accordance with section 9 of the GIPA Act you have a right to formally apply for access to information.
You can formally apply for access by either:
- Applying online by submitting an application form
- Completing a PDF form and returning it by email to [email protected]
- Posting an application form to: NSW Fair Trading GIPA Team Locked Bag 2906 LISAROW NSW 2252
Formal application checklist
The GIPA Act requires that your formal application:
- Be made in writing and lodged via email, through our electronic form, or sent to us by post
- Clearly state that you are requesting information under the Government Information (Public Access) Act 2009 (NSW)
- Include the $30 application fee
- State the name of the applicant and include an email address or return postal address for correspondence
- Include specific information to enable NSW Fair Trading to identify the information you are seeking.
If your application does not meet these requirements, it will be considered an invalid application and it will not be processed. If that happens, we will let you know in writing, and we will help you by explaining how to meet the requirements.
Formal application fees and processing charges
The application fee for making a formal access application is $30.
Processing charges can also be imposed at the rate of $30 per hour. In some circumstances we may require you to pay an advance deposit of processing changes. We will let you know in writing if processing charges apply to your formal application and we will give you the opportunity to reduce the scope of the request.
Certain discounts may apply, including for financial hardship and public interest grounds. For more details visit the Information and Privacy Commission or contact the NSW Fair Trading GIPA team via [email protected].
Formal application timeframe
In line with the GIPA Act, we will deal with your formal application within 20 working days (subject to any extensions allowed for under the GIPA Act). If any extension of time is required to deal with your formal application, we will let you know in writing.
If an access application is not decided in time, any application fee will be refunded, and no processing charges will be imposed.
Things to consider
Although a formal access application may be made for all government information held by NSW Fair Trading, we may not be able to release information if there is an overriding public interest against disclosure of the information.
For some categories of information, there is a presumption against release. The list of categories is set out at Schedule 1 of the Government Information (Public Access) Act 2009.
Internal Review
If you aren’t satisfied with the decision on a formal application, an Internal Review may be sought within 20 working days.
An application for internal review is $40 and no processing charges apply for internal reviews.
To lodge a request for internal review, download and complete the internal review application form.
An internal review will be acknowledged within 5 working days and completed within 15 working days, unless you are advised that an extension of time is required.
You can also request external review by the Information and Privacy Commission and the NSW Civil and Administrative Tribunal (NCAT).
Requests for external review must be made within 40 working days of a decision being made.
Disclosure log
The disclosure log is a record of information that the Department of Customer Service has released, often in response to a specific request from an individual or organisation, that the Department thinks could also be of interest to other members of the public.
It sets out the date the decision was made to release the information; a description of the information released; and details about whether that information is currently available and how it can be accessed.
Agency information guide
The Agency Information Guide outlines the structure and functions of NSW Government agencies and how those functions might affect members of the public.
Register of contracts
Part 3 Division 5 of the GIPA Act provides information about an agency's responsibility to publish contracts worth $150,000 or more.
See our register of contracts at NSW eTendering.
NSW Privacy Legislation
The Privacy and Personal Information Protection Act 1998 (PPIP Act), and the Health Records and Information Privacy Act 2002 (HRIP Act) (collectively, NSW Privacy Legislation) contain legal obligations which NSW public sector agencies, including NSW Fair Trading, must abide by when collecting, storing, using or disclosing personal and health information.
Under the NSW Privacy Legislation, you have the right to access your personal and health information held by NSW Fair Trading without excessive delay or expense. However, please note that you may need pay a fee if the application is made under the HRIP Act.
You can request access to your personal or health information by emailing the Privacy Contact Officer at: [email protected]
For more information about NSW Fair Trading’s privacy practices please visit our privacy page. You can also request information by emailing the Privacy Contact Officer at [email protected]
Suppression of personal information
In exceptional circumstances where the safety and well-being of a person is at risk, you can also request for your personal information to be suppressed from a public licence register. However, personal information will not be suppressed if Fair Trading decides that public access to the information outweighs your request to suppress it.
Contact us
For general enquiries or additional assistance relating to accessing information under the GIPA Act, please contact the NSW Fair Trading GIPA Team via email: [email protected]
For general enquiries or additional assistance relating to privacy, please contact the NSW Fair Trading Privacy Team via email: FTGIPA@customerservice.nsw.gov.au