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Peak body issues warning over compliance audits

By Liam Garman
12 January 2026 | 7 minute read
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One of Australia’s peak real estate bodies has issued a warning that the Office of the Australian Information Commissioner (OAIC) has begun spot compliance audits, checking that real estate businesses are properly applying their privacy policies.

The Real Estate Institute of NSW (REINSW) said the audits focus on policies governing the collection, storage, use, disclosure, and destruction of personal information.

The OAIC will assess whether rules are genuinely followed by staff, rather than just applied in name only.

 
 

The checks will ensure businesses comply with Australian Privacy Principle (APP) 1 under the Privacy Act 1988 (Cth). The regulator confirmed it would start the new year with a compliance sweep, believed to be the first of its kind.

Industries in the spotlight include real estate and rental businesses, chemists and pharmacies, licensed venues, car rental companies, car dealerships, and pawnbrokers and second-hand dealers.

“In conducting a compliance sweep, the OAIC intends to ensure that entities are meeting their obligations to be transparent with consumers and customers about how they’re using the personal information they collect in person,” privacy commissioner Carly Kind said in a 9 December statement.

“We hope this will also catalyse some reflection about how robust entities’ privacy practices are, and whether more can be done to improve compliance with the Privacy Act writ large,” Kind said.

“The Australian community is increasingly concerned about the lack of choice and control they have with respect to their personal information.

“The first building block of better privacy practices is a clear privacy policy that transparently communicates how an individual can expect their information to be collected, used, disclosed and destroyed.”

If the OAIC identifies non-compliance, it will “consider its recently expanded regulatory toolkit,” meaning businesses found in breach could face infringement notices and penalties of up to $66,000.

REINSW recommended that businesses review their privacy policy and ensure that staff understand their requirements.

[You might also like - $66k penalty warning: Real estate agencies under OAIC privacy review]

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