The Law Handbook 2024

Chapter 6.1: Tenancy 477 database operators because looking at a renter’s history to assess risk could be seen as a primary, not a secondary purpose. Compliance processes Protection under the Privacy Act 1988 (Cth) is only effective if people make complaints when their privacy is breached (see also Sayed v Salvation Army Housing [2023] FCA 526 (26 May 2023)). Renters who think their personal information is being misused should contact the Australian Information Commissioner (see ‘Contacts’ at the end of this chapter). Complaints should be made in writing. To make a complaint, visit the ‘How do I make a complaint?’ page of the commissioner’s website, or call the enquiries line. Rental provider database CAV keeps a database – formally known as the rental non-compliance register – that renters can search to see if a rental provider has had any orders made against them for breaching their duties, or if they have been convicted of an offence under the RT Act. Listings on the database are regulated by sections 439O–439U of the RTAct. Listings stay on the database for three years (s 439S). Renters should search the database when they are deciding whether to rent a property. From 29 March 2021, rental providers must be listed on the database if: • the rental provider has breached their duty under the RT Act and VCAT has made a compliance or compensation order that they must: – fix a breach, – pay compensation, or – not commit a breach again; or • the rental provider has committed an offence under the RT Act (s 439P (2)). The database lists: • the rental provider’s name; • the address of the rented premises that the VCAT order or the offence relates to; • the agent’s business name and business address, if the rental provider has an agent; • the date of the VCAT order, conviction or finding of guilt; • the relevant provision of the RT Act (s 439P(3)). Notification requirements Before making a listing on the rental non-compliance register, CAV 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 439R RT Act). Application for removal or amendment The rental provider can apply to VCAT for an order requiring CAV to amend or remove information on the rental non-compliance register (s 439T RT Act). Rental provider’s duty to provide information If a rental provider has no agent they must, on or before the day the renter takes occupation, give the renter: • written notice of their full name and address for service of documents; and • an emergency telephone number to be used in case of urgent repairs. Failure to do so is an offence (s 66(2) RT Act). If the rental provider has an agent acting for them, the rental provider must give the renter: • written notice of the agent’s full name, address for the service of documents and phone numbers; • a written statement as to whether the agent can authorise urgent repairs and the maximum cost of urgent repairs they may authorise; and • the phone number for urgent repairs. Failure to do so is an offence (s 66(3)). If this information changes, the rental provider must notify the renter within seven days. Failure to do so is an offence (s 66(4)). At the beginning of a rental agreement, the rental provider must also give the renter: • a copy of the signed rental agreement (s 29); • a key and/or security device (e.g. an entry fob) for every renter on the agreement (s 54A); • if the renter paid a bond, a bond lodgment form, or an email from the RTBA with a bond lodgment confirmation request (s 405);