This article discusses the NSW Fair Trading Name and Shame register, explaining what information it shows about strata managing agents and how owners, committees, and managers can use it to make informed decisions.
NSW Fair Trading has introduced a public Name and Shame Register designed to help people make more informed choices when selecting a property agent. The register publishes regulatory actions taken against real estate agents, strata managing agents, and stock and station agents for breaches of NSW property laws.
Although the register will have far reaching impact on the property industry in NSW, this article focuses on what it means for strata management, and how lot owners, strata committees, and strata managers can use it in practical, fact based ways.
What the register shows, and what it does not
What NSW Fair Trading publishes
The register publishes regulatory actions, including:
- disciplinary actions,
- licence suspension or cancellation,
- public warnings,
- undertakings,
- prosecution outcomes,
- high risk penalty notices.
The Guidelines for the NSW Fair Trading Name and Shame Register also explain the typical information shown for each listing. This usually includes the licence holder or trader name, ABN, licence number and status, suburb, the type of action and reason, the relevant offence and legislative provision (where relevant), the fine amount (if applicable), and the date of action.
What it does not show
Because the register focuses on regulatory actions, it will not operate like a running log of day to day service issues or every complaint. NSW Fair Trading publishes actions based on the seriousness and risk factors set out in its guidelines.
That means you should treat it as one important source of independent information, not the only tool you use when reviewing or appointing a strata managing agent.
Why NSW Fair Trading can publish this information
NSW Fair Trading’s guidelines point to sections 17AA and 86A of the Fair Trading Act 1987, which enable publication of certain information about traders and licence holders when it is in the public interest.
The guidelines also state that NSW Fair Trading may publish regulatory actions taken against licence holders or traders, including strata managing agents, under the Fair Trading Act 1987 and the Property and Stock Agents Act 2002.
How this relates to strata management, in plain terms
Strata management regulation vary by state and territory around Australia. Strata managing agents in NSW sit inside a regulated property services framework. When serious or repeated issues occur, NSW Fair Trading may take regulatory action under the Property and Stock Agents Act 2002, and then publish that action on the register where it meets the publication criteria.
The guidelines for the NSW Fair Trading Name and Shame Register also give examples of “high risk” penalty notice categories that can appear on the register. Importantly for strata, this list includes “failure to disclose interest before being appointed as strata managing agent” and other conduct linked to misleading behaviour, unlicensed activity, and obstruction of investigations.
A clearer, independent avenue to raise concerns
One of the biggest practical benefits for lot owners and committees is clarity about where to take serious concerns.
Under section 194 of the Property and Stock Agents Act 2002, any person may make a complaint to the Secretary setting out matters alleged to constitute grounds for disciplinary action. In this instance, “the Scretary” the Secretary” refers to the statutory decision maker for the property agents framework, which NSW Fair Trading administers in practice.
The Act also sets out:
- Grounds for disciplinary action (section 191).
- The types of disciplinary action the Secretary can take (section 192), including cautions or reprimands, directions, monetary penalties, licence conditions, suspension, cancellation, and disqualification.
This framework matters because it supports a more independent pathway for addressing serious conduct, separate from internal disputes within an owners corporation or the day to day friction that can arise in complex schemes.
Benefits of the NSW Fair Trading Name and Shame Register for lot owners and strata committees
Due diligence when appoint a new strata managing agent
Committees often compare fees, systems, and service models. The NSW Fair Trading Name and Shame Register adds a further layer, you can check whether NSW Fair Trading has taken regulatory action against a person or business your owners corporation are considering.
Because the register generally publishes the name, ABN, licence details, licence status, and the type and reason for action, you can use it to ask better questions during interviews or tender reviews.
Practical steps for using the NSW Fair Trading Name and Shame Register:
- Check the register early, before shortlisting. Search the strata management firm name and the licence holder name.
- Check the type of action and the reason recorded.
- Treat results as a prompt for questions. The register records regulatory actions, and you still need to assess fit, capability, and service model. Ask the firm to explain what happened, what changed, and what governance or controls they introduced.
- Document the discussion and your decision making, especially if your owners corporation chooses to proceed. Minutes should include what was checked and what was discussed with candidates.
Independent avenue to stay informed, not just reactive
NSW Fair Trading explains that publishing this information increases transparency, deters wrongdoing, and supports confidence in the property, rental, and strata sectors.
In strata, confidence matters. Your strata managing agent often manages core functions that support the owners corporation’s decision making and compliance. Better information supports better oversight.
Additional leverage to drive ethical practice
Even if you never lodge a complaint, the existence of a public register changes expectations. Informed committees and lot owners can point to clear regulatory standards and outcomes when they ask a manager to correct conduct, disclose conflicts, or lift performance.
Benefits, and practical implications, for strata management companies
Reputation and governance now matter even more
The register can publish regulatory actions such as disciplinary action, licence suspension or cancellation, and high risk penalty notices.
That means:
- A firm’s compliance history can become easier for prospective clients to find.
- Competitor comparisons may now include regulatory history, not only service features.
Strong ethics and disclosure practices protect your business
NSW Fair Trading’s guidelines explicitly identify certain conduct as high risk, including failure to disclose interest before appointment as a strata managing agent.
Your strata management company should treat this as a clear signal to tighten systems around:
- conflict identification
- disclosures and documentation
- procurement and preferred supplier controls
- staff training on obligations and record keeping
Timeframes mean issues can remain visible for years
The guidelines set out how long different actions stay on the register. For example:
- licence cancellation or disqualification appears from the commencement date and remains for 10 years
- suspensions remain until 12 months after the end date
- public warnings remain permanently
- many other disciplinary actions appear from commencement and remain for 12 months.
So even a resolved issue can have a long tail. A strong compliance culture reduces both regulatory risk and long term reputational risk.
Implications for individual strata managers, and for strata management firms hiring staff
Individual strata managers have a stronger incentive to protect their personal compliance record
The register can publish regulatory actions taken against licence holders, including strata managing agents. It can also publish key identifying details like the licence holder or trader name, licence number, licence status and conditions, suburb, and the type and reason for action.
That matters at an individual level because NSW Fair Trading states it can keep a licence holder’s compliance history visible for the relevant publication period, even if the licence later expires, and it maintains lifetime licence numbers.
NSW Fair Trading also states that some listings can remain visible for a long time. For example, public warnings remain permanently.
Strata management firms need to choose employees carefully
Because the register can publish disciplinary action, licence suspension or cancellation, undertakings, prosecution outcomes, and certain penalty notices, firms should treat recruitment, supervision, and compliance systems as core risk controls, not admin.
NSW Fair Trading also explains it will consider publication where conduct suggests a pattern of non compliance, shows a disregard for the law or professional obligations, or has caused, or could cause, significant harm.
In practice, a firm’s reputation can turn on the conduct of individual staff, particularly where a regulator forms a view that the conduct reflects broader governance or systemic issues.
This tool also assists strata managers who are considering job offers
If you are an individual strata manager considering a new role, the register gives you a way to check whether NSW Fair Trading has taken regulatory action against a prospective employer, key licence holders, or a business you may join. The register explains it aims to increase transparency and help people make informed choices in the property and strata sector.
You can use the register as part of your job hunting due diligence by:
- searching the business name and relevant licence holder names
- reviewing the type of regulatory action listed, if any, and the stated reason
- asking direct questions about the firm’s compliance controls and supervision, where the register prompts concern.
The NSW Fair Trading has provided a tool which can assist individual strata managers to avoid stepping into environments that may expose them to avoidable compliance and reputational risk.
The Register supports industry confidence by deterring wrongdoing through transparency. Because listings such as license cancellations can remain visible for 10 years, there is a powerful incentive for firms to maintain a “strong compliance culture” to reduce long-term risk.
The Name and Shame Register supports ethical practice across the sector by providing an independent source of information regarding regulatory actions, which allows owners and committees to base decisions on verified compliance history rather than solely on service claims. This transparency enables firms and individual managers to distinguish their services through a demonstrable record of compliance, separating them from competitors who carry identifiable regulatory or reputational risks.
The Lookupstrata Team
Lookupstrata
E: administration@lookupstrata.com.au
This post appears in Strata News #777.
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