The Government Response to the Privacy Act Review Report (the Report) released overnight (27 September 2023) once more fails to provide certainty for real estate businesses.

Real Estate Institute of Australia (REIA) President, Hayden Groves, said the Act is now in its third year of consultation with small business shaping up to be the biggest losers.

“In real estate, helping Australians be successful in their real estate goals is our business and we want to deliver on our promise of protecting both our clients and prospects privacy.

“We are another report down, with still no cost benefit analysis or sector consultation plan available on small business exemptions or clarity on day-to-day marketing practices.

“The commitment to doing a cost benefit analysis is both necessary and welcome but remains an open ended and unclear exercise.”

Mr Groves said that REIA continues to go to the Australian Government with proactive solutions to support Australian property customers and the businesses that serve them.

“Central to our previous set of recommendations was that a tailored direct to business real estate program capability program for privacy be funded and implemented; and also, that the Attorney General’s Department work with REIA to scope a real estate code of conduct.” 

“We want to be good corporate citizens and work in partnership with Government as we at the coal face know data protection is on the minds of Australia’s home buyers, renters and investors every single day.” 

Mr Groves said the report findings highlights broader contradictions in the consultation process. 

“On one hand, we have the Attorney General’s Department telling us we must ‘dob’ on our prospects and clients through the proposed new Anti-Money Laundering regime being run as a parallel and that data protection and privacy is entirely irrelevant.

“And on the other hand, the current Report goes to extraordinary lengths to exempt both media and political parties.” 

Media has reported that the Government will adopt 37 recommendations, have agreed in principle to 68 that it will work to turn into policy, and “noted” 10.

REIA’s submission to the Privacy Act Review Report (March 2023) can be viewed here.