Residential Tenancies Act 1997

If personal information about a person is listed in a residential tenancy database, the person may apply to the ACAT for an order under this section.

The ACAT may order a listing person to—

remove stated personal information from the database; or

amend the personal information in the database.

The ACAT may make the order only if satisfied—

the personal information is inaccurate, incomplete, ambiguous or out-of-date; or

the listing of the personal information is unjust in the circumstances, having regard to—

the reason for the listing of the person’s personal information; and

the person’s involvement in the acts or omissions giving rise to the listing of the personal information; and

the adverse consequences suffered, or likely to be suffered, by the person because of the listing of the personal information; and

any other relevant matter.

Examples—par (b)

1 Information about Endora is listed in a residential tenancy database because of damage caused to premises by Endora’s domestic partner during a family violence incident. Because of the listing of the information, Endora cannot obtain appropriate and affordable accommodation.

2 Information about Maurice is listed in a residential tenancy database because rent remained unpaid by Maurice for 4 months after it was payable. During that period, Maurice was in hospital recovering from a serious accident and unable to make arrangements for payment.

In this section:

listing person means a lessor, lessor’s agent, database operator or someone else.