Incorporated associations transactions – privacy collection notice

Who we are

Your information is being collected by the Department of Customer Service (the Department) on behalf of the Commissioner for NSW Fair Trading. NSW Fair Trading gives priority to protecting the privacy of your personal information, in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act).

If you have any questions about this document, or how we handle your personal information, you can contact our Privacy team using the contact details at the end of this notice.

Why we collect your personal information

NSW Fair Trading is collecting personal information for the purpose of assessing or processing your application/form to register a new association, update us about an existing association, meet your financial obligations or transfer or cancel your association registration in accordance with the Associations Incorporation Act 2009 (AI Act) and the Associations Incorporation Regulation 2022 (AI Regulation). 

The kinds of information we collect

We may collect the following information:

• association details, including contact details (email, contact number and address) and financial information
• public officer details including full name, date of birth and contact details (email, contact number and address)
• third-party details such as association affiliates and auditors
• contact person details including full name, affiliation with association and contact details (email and contact number)
• details of the person completing this form, including name and affiliation with association  
• additional personal information if it is required to process the transaction.

Failure to provide information

The information collected via these forms is lawfully required by the agency to assess or process transactions under the AI Act and AI Regulation. Certain penalties apply for a failure to furnish certain information to the agency within the specified periods of time.

Some information, including contact details for additional contacts, is provided voluntarily. Without this information, we will send application related correspondence only to the public officer of the association.

How we may use this information

We may use the information we collect in the following ways:

• to assess or process your application/form to register a new association, update us about an existing association, meet your financial obligations or transfer or cancel your association registration in accordance with the Associations Incorporation Act 2009 (AI Act) and the Associations Incorporation Regulation 2022 (AI Regulation)
• internal administrative purposes, including liaising with you in relation to your application/form, and in relation to compliance, investigations, and enforcement of the Fair Trading Act 1987, Associations Incorporation Act 2009 or the Associations Incorporation Regulation 2022
• 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
• to record information on a public register which is published online. This may include the incorporation number, date of incorporation, association status and official address suburb and postcode
• to record information on an internal register (as required by section 98 of the AI Act). This register is to be in such form and containing such particulars as the Secretary thinks fit. Upon payment of a fee, any member of the public is entitled to inspect any document lodged with Fair Trading under the AI Act or AI Regulation and is to be given a copy of or an extract from any such document. This means some personal information will be disclosed in this way
• other directly related purposes.

Who we may share your information with

NSW Fair Trading is required by section 98 of the AI Act to record information on an internal Register of Incorporated Associations. It is to be in such form and containing such particulars as the Secretary thinks fit.  Upon payment of a fee, any member of the public is entitled to inspect any document lodged with Fair Trading under the AI Act or AI Regulation and is to be given a copy of or an extract from any such document. This means some personal information will be disclosed in this way.

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 or processing your application and for compliance purposes. We may disclose your information to such bodies for these purposes.

We will not disclose your information to anybody else unless we are authorised or permitted to do so by law or where you have given consent. Our Privacy Statement describes when this may occur.

Protecting your information

We will store and manage your information in accordance with the provisions of the PPIP Act. We have measures in place to help protect your personal information from loss, unauthorised access, use, modification, disclosure, or other misuse.

We will only keep information for as long as we need it to fulfil the purposes we collected it for. After which, the information will be disposed of securely in accordance with the State Records Act 1998 and any other applicable legislation.

See our Privacy Management Plan for more information about how we handle your personal information.

Your rights

Subject to certain conditions, you have the following rights in relation to your personal information:

• the right to request access to your personal information
• the right to request correction of your personal information

If you wish to invoke any of the above rights, please contact us using the details below.

Contact us

If you would like to make a privacy enquiry or complaint, you can contact us at FTPrivacy@customerservice.nsw.gov.au.