Tow truck licensing - privacy collection notice

Privacy collection notices for tow truck licensing

How we handle your personal information when you 

• apply for:
  • a tow truck operator licence,
  • a tow truck driver certificate
  • a scrap metal exemption certificate, or
• renew, restore, replace, surrender, or change your details.

This includes where you apply to operate a category C tow truck or a stand-by tow truck.  This collection notice also applies when you apply for mutual recognition of your tow truck operator or tow truck driver certificate.

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) and Health Records and Information Privacy Act 2002 (HRIP Act).

If you have any questions about this privacy collection notice, 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 your personal information for the purpose of assessing your application to apply for, renew, restore, replace, surrender or change details for a tow truck operator licence, a tow truck driver certificate or a scrap metal exemption certificate in accordance with Part 3 and Part 4 of the Tow Truck Industry Act 1998 and Part 2 and Part 6 of the Tow Truck Industry Regulation 2020. This includes where you apply to operate a category C tow truck or a stand-by tow truck. 

We also collect your personal information where you apply for recognition of an equivalent occupation in accordance with the Mutual Recognition (New South Wales) Act 1992 and Trans-Tasman Mutual Recognition (New South Wales) Act 1996. 
 

The kinds of information we collect

We may collect the following information:

• Your full name, date of birth, driver licence details and contact details (including your phone number, email and address).
• Third-party details including details of authorised representatives.
• Proof of identity information, which may include photo identity documents, like a passport, photo card or driver licence and/or other proof of identity.
• Details of relevant cancellations, disqualifications or suspensions, driver licence records and traffic history.
• National Police Check Certificates.
• Details of relevant disciplinary proceedings, criminal offences, convictions and/or pending charges recorded in the last ten years.
• Evidence of name change.
• Details of illness, incapacity, or a medical condition, where applicable.*
• In the case that a surrender form is being completed on behalf of a deceased person, supporting documentation may include a death certificate, power of attorney details, contact details for the beneficiary or details of immediate family.*
• Additional personal information if it is required to satisfy the eligibility requirements for the licence or assess your application. 

*This information is ‘health information’ and attracts a higher level of protection under the HRIP Act. We note as part of the application assessment process, if you select yes to having your “driver licence suspended or cancelled in relation to illness, incapacity, or a medical condition” you may be asked to provide medical evidence from a medical practitioner. This will assist NSW Fair Trading in determining whether you meet the eligibility requirements for this licence or certificate.
 

Failure to provide information

Your information is provided voluntarily however if you do not provide your information, we may not be able to assess your application.

Under section 37 of the Act, it is a requirement to notify Fair Trading of any changes to licence details within 7 days.
 

How we may use this information

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

• To assess your application to apply for, renew, restore, replace, surrender or change details for a tow truck operator licence, tow truck driver certificate or scrap metal exemption certificate in accordance with Part 3 and Part 4 of the Tow Truck Industry Act 1998 and Part 2 and Part 6 of the Tow Truck Industry Regulation 2020. This includes where you apply to operate a category C tow truck or a stand-by tow truck.
• Where applicable, to assess your application for mutual recognition of an equivalent occupation in accordance with the Mutual Recognition (New South Wales) Act 1992 and Trans-Tasman Mutual Recognition (New South Wales) Act 1996.
• Internal administrative purposes, including liaising with you in relation to your application, and in relation to compliance, investigations, and enforcement of the Fair Trading Act 1987, the Tow Truck Industry Act 1998 and the Tow Trucks Industry Regulation 2020.
• To administer and update your licence, driver certificate or exemption certificate, including to send you information that we consider important such as reminders to renew licences and to confirm your details if you make any subsequent applications in relation to any licence or authority issued by the Department on behalf of the Commissioner for Fair Trading.
• 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.
• Other directly related purposes.
   

Who we may share your information with

If required, we may make enquiries and exchange information with other overseas agencies, NSW Government agencies (including the NSW Police Force), or other States, Territories and/or the Commonwealth for the purposes of assessing your application, determining your ongoing eligibility for this licence or certificate and for compliance purposes. We may disclose your information to such bodies for these purposes.

Placard Pty Ltd, a third-party card manufacturer, will be provided with some of your personal information by us (including, but not limited to, your photo, name, certificate number, certificate expiry date and postal address, for the purpose of printing and mailing your certificate card to you. Please contact Placard directly for information regarding their use of your personal information and access to their Privacy Policy.

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 personal information and health information in accordance with the provisions of the PPIP and HRIP Acts. 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.