Application to ACAT about certain personal information listed in residential tenancy database
99 Application to ACAT about certain personal information listed in residential tenancy database
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the personal information is inaccurate, incomplete, ambiguous or out-of-date; or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.
This Act’s bill:Explanatory statement
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