NSW Fair Trading oversees consumer protection laws in NSW and handles complaints from consumers about traders and businesses that may have breached these laws. You can make complaints to NSW Fair Trading about issues like building defects, general commercial disputes, residential land leases, and residential tenancy problems.
What types of complaints can you make?
Housing & Property
NSW Fair Trading handles complaints in various housing and property sectors, including:
- Residential Tenancies: Issues like unlawful eviction or problems with rental bonds.
- Property Transactions: Misleading conduct or undisclosed defects.
- Retirement Villages: Unjustified fee increases or lack of transparency.
- Strata Schemes: Poor management or unresolved maintenance issues.
- Residential Land Lease: Unfair terms or neglected community facilities.
Real Estate & Property Management
Complaints about:
- Licensing & Certification: Concerns about required certifications for agents.
- Agency Responsibilities: Neglect in property management or communication failures.
- Unprofessional Conduct: Ethical breaches or unprofessional behaviour by agents.
Buying Products & Services
NSW Fair Trading assists with:
- Product Safety: Electrical, gas appliances, and general product safety concerns.
- Retail Complaints: Products or services not meeting consumer guarantees.
Cars & Other Vehicles
Complaints regarding:
- Buying Motor Vehicles: Misleading information or undisclosed issues.
- Repairs & Maintenance: Services not meeting expectations.
- Warranties: Issues with warranty terms or fulfilment.
Associations & Co-operatives
Handling complaints about:
- Mismanagement: Threatening public trust or failing compliance.
Charitable Fundraising
Complaints about:
- Non-Compliance with Fundraising Authority: Fundraising without appropriate authority.
- Lack of Transparency and Accountability: Not adhering to accountability requirements.
Other sectors like paintball, entertainment, and community gaming are also covered, but less commonly reported.
Jurisdiction:
NSW Fair Trading can assist with disputes within New South Wales.
Time Limitations:
Different sectors have specific time limitations for lodging complaints, e.g., home building defects must be filed within 2 to 6 years. Prompt action is recommended, and consultation with NSW Fair Trading or legal professionals is advised for detailed information on time frames.
NSW Fair Trading will not deal with complaints about:
Complaints outside NSW Fair Trading's remit, better handled by other bodies, include:
- Accountants and tax agents
- Airlines
- Banks and financial services providers
- Vehicle repairs through insurance
- Centrelink
- ATO disputes
- Commercial leasing
- Employment disputes
- Lawyers
- Local government issues
- Telephone or ISPs
Who can you make a complaint against?
You can make a complaint against:
- Individuals: Complaints about individuals in NSW or another State/Territory. NSW Fair Trading assists with conciliation, and if unsuccessful, provides options for further action.
- Body/Organisation: Complaints about businesses/organisations in NSW or another State/Territory. NSW Fair Trading follows the normal complaint process and provides options for resolution.
Are you eligible to make a complaint?
Can you make a complaint?
Any NSW resident can lodge a complaint.
Before you lodge a complaint:
Compile all necessary information before submitting a complaint, including dates, issue details, and any communication with the seller or service provider.
Can complaints be made on behalf of someone?
Yes, complaints can be made on behalf of others with their consent, ensuring access to justice for all.
NSW Fair Trading will not deal with complaints about:
NSW Fair Trading does not mediate disputes between businesses, especially involving goods or services intended for resale.
What can this body do to help?
NSW Fair Trading can provide various remedies, including:
- Dispute resolution services: Help to organise discussions for a mutually agreeable solution without legal proceedings.
- Disqualification or Banning Orders: Prohibits individuals or businesses from certain trades or professions for serious breaches.
- Guidance and advice: Offers educational resources to promote compliance.
- Formal Warning: Issues notices for likely legal standard violations.
- Penalty notice: Imposes fines and lists offenders publicly.
- Public naming: Identifies non-compliant traders publicly.
- Court order, prosecution, civil penalty & notice to show cause: Legal actions to rectify breaches, including financial compensation and operational changes.
- Enforceable undertaking: Legally binding agreements to remedy breaches.
- Criminal penalty: Pursues fines or imprisonment for serious breaches.
- Disciplinary action: Fines, suspension, or cancellation of licenses for licensed professionals.
How to prepare your complaint
Requirement:
Complaints can be lodged online or by mail. Forms are available for specific complaints like renting, building, or product safety.
Format:
Include personal details, respondent’s details, and relevant facts.
What NOT to include:
Do not include false or misleading statements.
Lodging your complaint and next steps:
Complaints can be lodged online, by mail, or in person.
Where to lodge your complaint:
- Online forms: Various online forms available here.
- Post: NSW Fair Trading, PO Box 972, Parramatta NSW 2124.
- In person: Various Services NSW locations lookup here.
Receipt/acknowledgement of complaint:
NSW Fair Trading will provide a reference number within approximately two business days.
Assessment/investigation:
Fair Trading will review the complaint, consider the respondent’s conduct, investigate if necessary, and possibly request further information.
Next steps:
Fair Trading will inform you of the outcome and any further action taken.
More information:
Refer to the factsheet provided below for more information.
