Notice to show cause

Licensing requirements

NSW Fair Trading manages a range of consumer protection legislation. These laws require certain industry workers to be licensed. Some types of licences and certificates we issue include:

• real estate agents
• conveyancers
• motor vehicle repairers
• pawnbrokers and second-hand dealers
• motor dealers.

Disciplinary action

If you have a licence, operate a licensed business or are involved in the operation of a licensed business and NSW Fair Trading believes you’ve been involved in a breach of the law, then we might take disciplinary action against you. As part of the disciplinary process you’ll be asked to give reasons why we should not take action against you. At any stage during the disciplinary process, we can drop the matter. If we decide to take action, we can issue you a formal caution or reprimand. We might impose a monetary penalty or a condition on your licence. If the conduct is serious, we could cancel your licence and disqualify you from getting a licence in the future.

Notice to show cause

A notice to show cause is the starting point for disciplinary action. It will:

• describe the alleged misconduct
• detail the specific reasons for the disciplinary action
• advise how you can respond to the notice.

The ‘show cause’ process is your opportunity to persuade NSW Fair Trading not to take disciplinary action.

Responding to a notice to show cause

A licence holder generally has 14 days to respond to a notice to show cause, although longer periods are allowed. The period will be clearly set out in the notice. You can get more time if it is fair and reasonable to do so. Be sure to contact NSW Fair Trading to arrange an extension before the time expires.

How to show cause

The notice to show cause will contain the following information:

• how submissions may be made (either written or verbal)
• the address to which written submissions must be sent
• if there is an opportunity to make verbal submissions and who to contact for an appointment.

Submissions must be made in writing unless the particular legislation allows you to make verbal submissions.

If you make a verbal submission, it will be recorded on audio tape. If a tape recording is made, you’ll get a copy.

You can talk to an industry association or lawyer for advice. Your lawyer can accompany you during your verbal submissions, too.

NSW Fair Trading will only make a decision after considering the relevant circumstances and evidence.

If you do not respond

If you do not respond, a decision may be made and disciplinary action taken against you without you having had the opportunity to present your case. You should carefully consider your position and take advice before deciding not to respond to the notice to show cause.

When a decision has been made

Once a decision has been made, NSW Fair Trading will notify you in writing of the decision.

Appealing a decision

You can write to NSW Fair Trading requesting a review of the decision. The internal review will be conducted by someone other than the original decision maker. You can also ask for a review of the decision by lodging an application with the NSW Civil and Administrative Tribunal. If you have not requested an internal review by NSW Fair Trading, the Tribunal may ask you to do that first.

More information

If you have doubts about any of the material or how you should handle the process, you can contact the officer identified in the notice. You can also ask a lawyer and industry association for advice or assistance.