Residential Tenancies Act 1997

A lessor, lessor’s agent or database operator must not list personal information about a person in a residential tenancy database unless—

the person was named as a tenant in a residential tenancy agreement that has ended; and

the person has breached the agreement; and

because of the breach, either—

the person owes the lessor an amount that is more than the rental bond for the agreement; or

a court or the ACAT has made an order terminating the residential tenancy agreement; and

the personal information—

relates only to the breach; and

is accurate, complete and unambiguous.

Without limiting subsection (1) (d) (ii), the personal information must indicate the nature of the breach.

Example—indication of nature of breach

Personal information in a residential tenancy database indicates the nature of the breach if it includes a reference to the following:

 ‘rent arrears’—for a person who has breached a residential tenancy agreement by failing to pay rent; or

 ‘damage to premises’—for a person who has breached a residential tenancy agreement by damaging the premises.