Reviews of Fair Trading decisions

Find out how you can apply to have a NSW Fair Trading decision reviewed, and what’s involved in the process.

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Key information

  • An internal review will consider certain decisions made by NSW Fair Trading regarding authorisations, licensing, regulatory actions and penalty notices.
  • The internal review process follows the provisions of the Administrative Decisions Act 1997 and other relevant legislation.
  • A review is conducted by an officer, not involved in the original decision, to assess whether the original decision was fair and correct.
     

What is an internal review?

An internal review is an independent process that examines whether the decision made by NSW Fair Trading was fair and correct at law.

The review process does not involve an investigation or reprocessing of the original application.

We review decisions that fall under these broad categories:

  • Authorisations: licences, registrations, or permits
  • Regulatory actions: disciplinary actions or other regulatory claims
  • Penalty notices: fines or other penalties issued by NSW Fair Trading
     

Legal requirements

Internal reviews follow guidelines set by the Administrative Decisions Review Act 1997 and other relevant laws.
 

Important deadlines and timeframes

Submit your application within 28 days of receiving the decision.

In most cases, the Reviewable Decisions Unit has 21 days from the receipt of the review application to complete the review and provide the determination to the applicant.

Under certain circumstances, an extension of time may be allowed or agreed to for either the person to submit the application or the review to be completed.

How to apply for an internal review

1

Prepare your application

Write a submission clearly explaining why you think the original decision was incorrect or unfair and include any supporting documents as well as your Australian address.

2

Submit your application

You have two options for submitting your application:

Remember: Submit within 28 days of receiving the original decision.

3

The review process

Following receipt of your application:

  • It will be assigned to a review officer that was not involved in the original decision.
  • You’ll receive confirmation that your application has been received.
  • The review officer will evaluate all information you provide, along with the original decision and relevant legislation.
4

Review outcome

After reviewing your application, the review officer will determine an outcome for your case. The outcome may be to either:

  • Affirm the original decision.
  • Vary the original decision.
  • Set aside the original decision and replace it with a new decision.
5

Further options if you’re dissatisfied

If you’re still dissatisfied with the decision, you can apply to the NSW Civil and Administrative Tribunal (NCAT) to review it. NCAT is an independent tribunal that can review certain types of decisions.

Ombudsman advice and complaints service

If you are concerned by the result of the review process, you may be able to seek advice from the NSW Ombudsman’s Office. The Ombudsman can investigate conduct of government agencies for:

  • unfair, unlawful or unreasonable conduct
  • unfair or flawed policies or procedures
  • unreasonable delays
  • failing to give reasons for a decision
  • failing to act on complaints
  • failing to manage conflicts of interest.

Visit the Ombudsman’s website for more information, or call (02) 9286 1000.
 

Contact NSW Fair Trading

Online: Complaints and enquiries

Phone: 13 32 20 (Monday to Friday, 8:30am-5pm)

In-person: find a service centre

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