The Law Handbook 2024

476 Section 6: Houses, communities and the road database operator’s contact details and how a copy of the personal information listed in the database can be obtained (s 439C RT Act). If an applicant is listed on a tenancy database, the rental provider must – as soon as possible but within seven days – notify the renter of the listing in writing, including the name of the database, the personal information listed, the name of the person who listed the renter, and how the listing may be amended or removed (s 439D RT Act). Before making a listing, a rental provider must give the person a copy of the information (or take other reasonable steps to disclose the information to the person), allow 14 days for the person to consider the information and object to it, and consider any objections (s 439F RT Act). Checking and amending a listing If a person asks a rental provider or tenancy database operator, in writing, for information relating to them on a tenancy database, the rental provider or database operator must provide the information within 14 days (s 439I(1), 439I(2) RT Act). The rental provider or database operator is not entitled to charge a fee for the first request within any 12-month period (s 438I(4)(c)). Otherwise, a fee may be charged, but only if information is found; the fee must not be excessive (s 439I(3)). If a rental provider becomes aware that information they have listed on a tenancy database is inaccurate, incomplete, ambiguous or out-of-date, or relates to an act or circumstance of family or personal violence, the rental provider must, within seven days, give written notice to the database operator to amend or remove the listing (s 439G). The database operator must amend or remove the listing within 14 days (s 439H). A listing is considered to be out-of-date and must be removed if it arises from: • a debt that was paid within three months of falling due (ss 439A, 439G); or • a possession order that has been revoked on an application for review (ss 439A, 439G). Applying to VCAT about a listing A personmay apply to VCAT for an order preventing, removing or amending a listing in a tenancy database (s 439L, 439M RT Act) on the following grounds: 1 non-compliance with notification requirements; 2 the matter is not a matter permitted to be listed; 3 the listing is inaccurate, incomplete, ambiguous or out-of-date; 4 the person is a victim survivor of family or personal violence; 5 the listing risks the person’s safety (this can only be used for applications to remove or amend a listing); and 6 the listing is unjust. Some of the grounds require VCAT to be satisfied of certain things before making an order: • Family or personal violence : That a breach of the rental agreement by the person was a result of family violence or personal violence committed by another person (s 439M(1A) RT Act). • Risk to safety : That the personal information poses a risk to the person’s personal safety because it is listed (s 439M(1B)). • Unjust : That the listing is or would be unjust in all of the circumstances, having regard to: – the reason the information is listed; – the conduct of the renter; and – whether there is a real likelihood that the listing would have a disproportionate impact on the ability of the renter to access future rental accommodation (s 439M(1C)). If a renter applies to VCAT for an order to terminate or create a rental agreement (under section 91V of the RT Act), they should also ask for an order that the rental provider not list information about them on a tenancy database (s 91W RT Act). Tenancy databases and privacy laws Tenancy databases may be subject to the Australian Privacy Principles in the following ways: • renters have a right to access data held about them; • any data held must be complete, accurate and up-to-date; and • renters must consent to information being passed on to third parties for ‘secondary purposes’. An agent may ask a renter to sign a consent form to release their personal information to third parties, including database companies. Alternatively, agents may think that they do not need a renter’s consent to pass on information to