Residential Tenancies Act 1987

A person may apply to a competent court for an order under this section if personal information about the person has been listed in a residential tenancy database.

The court may make an order under this section if it is satisfied that —

the residential tenancy database includes personal information about the applicant that is inaccurate, incomplete, ambiguous or out‑of‑date; or

the inclusion of the applicant’s name or other personal information about the applicant is unjust in the circumstances, having regard to all of the following —

the reason for the listing;

the tenant’s involvement in any acts or omissions giving rise to the listing;

any adverse consequences suffered, or likely to be suffered, by the tenant because of the listing;

any other relevant matter.

Without limiting subsection (2)(b), the inclusion of the applicant’s name or other personal information about the applicant is unjust if the circumstances relating to the listing result from the applicant being subjected or exposed to family violence.

The court may order personal information about a person in a residential tenancy database to be wholly or partly removed, amended in a stated way or not listed in a residential tenancy database.

The court must give a copy of the order to the lessor, tenant and database operator.

If the court makes an order directing a person other than a lessor or agent to remove, amend or not list information in a residential tenancy database, the court must give a copy of the order to the person.