Consultation Package20104215123

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NOT SOUTH AUSTRALIAN GOVERNMENT POLICY
Disclaimer
Expressions of legal opinion or conclusion in this Consultation Package are not intended as
legal advice. Anyone needing such advice should seek assistance from a legal practitioner.

This publication is copyright. No part may be reproduced by any process except in
accordance with the provisions of the Copyright Act 1968. For advice on how to reproduce
any material from this publication contact the Office of Consumer and Business Affairs.

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NOT SOUTH AUSTRALIAN GOVERNMENT POLICY
Purpose of this Document

The purpose of this document is to invite submissions from SA stakeholders on the draft
model provisions for regulating residential tenancy databases.

The model provisions have been prepared at the request of the Ministerial Council on
Consumer Affairs (MCCA) for a national consultation process.

The draft provisions are provided for consultation purposes only and are yet to receive formal
Government endorsement. However, if adopted, it is planned that the model provisions would
be introduced by all State and Territory Governments in order to provide a consistent national
approach to the regulation of residential tenancy databases.

Background to the Model Provisions

Introduction

Residential Tenancy Databases (RTDs) are privately owned electronic databases which
contain information about individual tenancy histories. Most real estate agents subscribe to
one or more RTD, and use them to screen prospective tenants for the purpose of renting
residential properties.

At the state and territory level, there is no uniform or consistent legislative approach to the
regulation of the use of RTDs by agents and landlords. While Queensland, the Australian
Capital Territory and New South Wales have enacted laws specifically dealing with the use of
RTDs, South Australia and the Northern Territory include provisions which may apply to RTD
listing practices in their Fair Trading legislation. Currently, Victoria, Western Australia and
Tasmania do not specifically regulate the use of RTDs.

The following table outlines current state and te rritory legislation on the use of RTDs and the
relevant part:

QLD NSW SA ACT NT VIC WA TAS
Legislation Residential Property, Fair Residential Consumer nil nil nil
Tenancies and Stock and Trading Tenancies Affairs
Rooming Business Act 1987 Act 1997 and F air
Accommodation Agents Trading
Act 2008, Act 2002 Act 1997
(commencing PS&BA
on 1 July 2009) Regulation
2003
Part Schedule Part 5 Part 6A Part 8
6A

In 2006, MCCA agreed to the development of model uniform legislation regulating the use of
RTDs, based on the final report of the joint Standing Committee of Attorneys-General
(SCAG)/MCCA Working Party, Report on Residential Tenancy Databases and the associated
Regulation Impact Statement (RIS).

The MCCA asked Queensland to draft the national model provisions based on seven
regulatory recommendations in relation to:

 Notice of RTD listing process;
 Types of permitted listings;
 What constitutes a breach justifying listing;

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 Listing a breach;
 The accuracy and quality of listings;
 Access and correction of listings and dispute resolution; and
 Duration of listings.

To access the Report and RIS follow these links:

http://www.consumer.gov.au/html/download/Report_on_Residential_Tenancy_Datab
ases.pdf

http://www.consumer.gov.au/html/download/Regulation_Impact_Statement.pdf

For all relevant MCCA publications follow this link:

http://www.consumer.gov.au/html/publications.htm

National Working Group

A national working group including all states and territories, the Department of the Prime
Minister and Cabinet (Privacy and FOI Policy Branch), and the Office of the Privacy
Commissioner was formed to assist Queensland to lead the development of the model
provisions.

Policy Objective of the RTD reforms

The policy objective of the reforms is to address risks to tenancy applicants by ensuring RTDs
are not used unfairly or inappropriately, while maintaining the role of RTDs as a legitimate risk
minimisation tool for landlords and their agents. The reforms are designed to achieve an
effective balance between the competing interests of the stakeholders: tenants, RTD users
and RTD operators.

The Privacy Act 1988

The Privacy Act 1988 (Cth) contains high level principles (National Privacy Principles or
NPPs) that regulate the collection, retention, use and disclosure of personal information,
although it does not prescribe the detailed acts and practices to be used by organisations in
meeting their information handling obligations. As recommended by MCCA, amendments to
the Privacy Act in August 2007 extended the application of the Privacy Act to all RTDs. The
amendment was made to ensure that all tenancy database operators fulfil the requirements of
the Privacy Act so that a tenant’s personal information is handled fairly and appropriately.

Individuals who believe their privacy rights under the NPPs have been breached can lodge a
complaint with the Privacy Commissioner.

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Application of Residential Tenancy Databases – Model Provisions in States and Territories

In accordance with the Parliamentary Counsel’s Committee Protocol on Drafting National
Uniform Legislation (Third Edition: July 2008), national model legislation is legislation that is
drafted as model legislation and enacted in participating jurisdictions including any local
variations necessary to achieve the agreed uniform national policy when the legislation forms
part of the local law.

Therefore, subject to each jurisdiction’s executive approvals, those jurisdictions that currently
regulate the use of RTDs may amend their legislation so that it is consistent with the model
provisions. Similarly, and subject to executive approvals, those jurisdictions that do not
regulate the use of RTDs may use the model provisions as the basis for introducing new
legislation (or a new part in existing legislation). Local variations may be necessary in some
jurisdictions to achieve the agreed uniform national policy.

A table summarising how the model provisions may be implemented in each jurisdiction is
attached (Attachment 1).

Proposed Implementation of the Model Provisions in SA

South Australia is now consulting on the consultation draft of the Residential Tenancy
Databases – Model Provisions (Attachment 3). The purpose of these model provisions is to
implement the recommendations of the SCAG/MCCA Working Party, Report on Residential
Tenancy Databases and the associated RIS. A brief explanation of the model provisions is
attached (Attachment 2).

South Australia currently broadly re gulates RTDs through the Fair Trading Act 1987. Should
the South Australian Government decide to adopt the model provisions, a ppropriate
amendments will be made to South Australian legislation.

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The Consultation Process

All interested individuals and organisations are encouraged to provide comment on the
consultation draft of the Residential Tenancy Databases – Model Provisions (Attachment 3) by
responding to the following discussion questions:

1. Do the model provisions provide an effective framework for regulating the conduct of
landlords, agents and database operators in relation to residential tenancy databases?

If not, please explain your view and if possible, provide suggestions for how the model
provisions might be amended to address your concerns.

2. If these model provisions were adopted, as drafted, would the provisions be workable
in South Australia?

If not, please explain why, providing practical examples and whenever possible, attach
relevant data or documentation to support your view.

3. Are the provisions clear and unambiguous?

If not, please explain your view with reference to specific provisions.

4. Do you have any other comments regarding the draft model provisions?

In addition, in order to understand the context of each submission, we ask that those providing
comments identify their jurisdiction and specify their current role, such as tenant, agent,
landlord, database operator, or advocate etc.

If your submission contains information that you do not wish to be disclosed to others, please
mark it “Confidential”. However, please note that submissions, including confidential
submissions, may be subject to freedom of information and other laws and this should be
taken into consideration when making submissions.

Comments in writing should be forwarded by Friday 11 December 2009 to:

National Regulation of Residential Tenancy Databases
Residential Tenancies Authority
GPO Box 390
BRISBANE QLD 4001

Or by email to: review@rta.qld.gov.au

Please use the following local contact if you wish to make enquiries in your jurisdiction:

Office of Consumer and Business Affairs by email to: rtd@agd.sa.gov.au
or phone enquiries to: 8204 9816.

Process Following Consultation

Feedback received on the draft model provisions will be analysed by the national working
party and a consultation report will be provided to MCCA for their consideration. The model
provisions will then be revised in accordance with the directions of MCCA. Should the model
provisions be progressed at this point, each jurisdiction will then need to take formal steps to
implement the model provisions in their jurisdiction.

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Attachment 1: How the model provisions may be implemented in Australia

Jurisdiction Current RTD If current regulation, name Act Proposed legislative Additional comments Contact details
regulation? vehicle for model
Yes/no provisions
QLD Yes Residential Tenancies and Rooming Residential Tenancies and If adopted in Qld, the model provisions will be Russell Morgan, Residential
Accommodation Act 2008 (RTRA Act) Rooming Accommodation implemented though amendments to the RTRA Act. Tenancies Authority
Act 2008 (RTRA Act) Consultation in Qld is focused on amendments to this (07) 3361 3650
Act. russell.morgan@rta.qld.gov.au
ACT Yes Residential Tenancies Act 1997 Residential Tenancies Act The Residential Tenancies Act 1997 is currently being Katie Cameron, ACT Department
1997 reviewed by the ACT Government, including the of Justice & Community Safety
existing provisions regulating the use of RTDs. (02) 6207 0581
Comments arising from consultation on the model katie.cameron@act.gov.au
provisions will be used to inform this review.
NSW Yes Property, Stock and Business Agents Not known at this time Office of Fair Trading
Regulation 2003 policy@oft.commerce.nsw.gov.au

SA Yes, broadly Fair Trading Act 1987 Not known at this time The COAG reform agenda requires the harmonisation Office of Consumer and Business
through Fair of all fair trading legislation by 2011. Affairs
Trading rtd@agd.sa.gov.au
legislation
NT Yes, broadly Consumer Affairs and Fair Trading Act Residential Tenancies Act The COAG reform agenda requires the harmonisation Sandra Otto, Consumer Affairs
through Fair 1997 1999 of all fair trading legislation by 2011. Northern Territory
Trading Ph: (08) 8935 7705
legislation Sandra.otto@nt.gov.au
VIC No nil Residential Tenancies Act John Unkovich, Consumer Affairs
1997 Victoria ph (03) 8684 6301
rtdconsult@justice.vic.gov.au
TAS No nil Not known at this time Chris Batt, Office of the
Residential Tenancy
Commission, ph (03) 6233 4555
chris.batt@justice.tas.gov.au

WA No nil Not known at this time Patricia Blake, Department of
Commerce, ph (08) 9282 0562
trish.blake@commerce.wa.gov.au

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Attachment 2: Summary of Residential Tenancy Databases – Model Provisions

Provision 1: Definitions

This provision sets out the definitions for terms used in the model provisions. The
definitions of the terms agent, landlord, premises, rental bond, residential premises,
residential tenancy agreement and tenant have been give the meaning of the terms
in the jurisdiction in which the provisions were drafted. However, if the model
provisions are adopted, these terms will take the meaning in the local jurisdiction.
For example, the term landlord is currently defined as lessor in the model provisions.
Therefore, if the model provisions are adopted in South Australia the term landlord
would be used. Other terms defined will have a consistent meaning across
jurisdictions.

Provision 2: Application of the model provisions

This provision provides that the model provisions do not apply to internal databases
kept by the private and government sector. However, it may be considered
appropriate for the model provisions to apply to the internal databases of large
property management companies that may have large tenancy databases.

Provision 3: Notice of database and listing (Rec 1)

This provision states that landlords/agents that use residential tenancy databases
must give specified information about the databases to applicants before or when an
application is made. In addition, if the landlord or agent uses a database to check on
the applicant, then they must give the applicant details of any listing.

Provision 4: Listing can be made only for particular breaches by particular persons
(Recs 2, 3, 4(a), 5(a) and (b))

This provision sets out the restrictions on listing a person on a residential tenancy
database.

Provision 5: Further restriction on listing (Recs 4 (b), (c), and 5(c))

This provision requires a landlord/agent to consult with a tenant about the proposed
listing before making the listing.

Provision 6: Ensuring quality of listing – landlord or agent’s obligation (Rec 6(c))

This provision requires a landlord/agent that becomes aware of an inaccurate,
incomplete, ambiguous or out-of-date listing to give notification of this to the
database operator.

Provision 7: Ensuring quality of listing – database operator’s obligation (Rec 6(d))

This provision requires a database operator who has been notified of a necessary
amendment to, or removal of, personal information to make the specified change.

Provision 8: Providing copy of personal information (Rec 6(a))

The provision requires a landlord/agent and a database operator to give a person a
copy of personal information on a residential tenancy database on request.

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Provision 9: Dispute about listings (Rec 6(b))

This provision imposes an obligation on a person who disputes a listing to attempt to
resolve the matter with the landlord/agent before applying to a tribunal for an order.

Provision 10: Notifying relevant non-parties of tribunal order about listing (R6(c), (d))

This provision requires a tribunal to give a copy of any relevant orders to a person
that was not a party to the proceeding.

Provision 11: Keeping personal information (Rec 7)

The provision imposes a timeframe on keeping personal information on a residential
tenancy database. However, it allows an RTD operator to keep other personal
information about a person listed if it is not required to be removed. It is not intended
for this provision to allow neutral listings, such as the mere inclusion of a person’s
name without any further information, since such listings are generally interpreted as
negative.

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Attachment 3: Consultation draft - Residential Tenancy Databases – Model
Provisions

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PCC—Draft for Ministerial Council on Consumer
Consultation Draft
Affairs

General notes—
1 In relation to residential tenancy databases, the model
provisions confer minimum rights on tenants or potential
tenants, and impose minimum obligations and limitations on
lessors, agents and database operators. A jurisdiction may add
to the rights, obligations or limitations, including by adopting
a higher standard for them. For example, a jurisdiction may—
(a) apply the model provisions to a database kept by an
entity for its own use; or
(b) further limit the types of breaches for which a person
may be listed in a database; or
(c) allow a person to apply for a [tribunal] order preventing
a lessor or agent listing a person.
2 The model provisions have been prepared on the basis that a
person who claims that personal information should not have
been listed on a residential tenancy database, or that personal
information listed on a residential tenancy database is
inaccurate, incomplete, ambiguous or out of date, may apply
to a tribunal or another entity (called a ‘tribunal’ in the model
provisions) for an order for the removal or amendment of the
personal information or another remedy.
The model provisions do not otherwise prescribe the
consequences for a person contravening them. Each
jurisdiction is to prescribe the consequences that are to apply
in that jurisdiction. Possible consequences include—
(a) a right of a person adversely affected by a contravention
to apply for a [tribunal] order requiring the
contravention to be remedied; and
(b) a penalty for an offence.
3 Key concepts about residential tenancy agreements adopted in
the model provisions (namely agent, lessor, premises, rental
bond, residential premises, residential tenancy agreement and
tenant) are based on the terms and definitions used in
Queensland, as this is where the model provisions were
drafted. A law enacting the model provisions would use the
terms and definitions equivalent to these concepts applying in
that jurisdiction’s laws about residential tenancy agreements.
Consultation Draft

Residential Tenancy Databases—Model
Provisions

Contents

Page
1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Notice of database and listing . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Listing can be made only for particular breaches by particular
persons ......................................... 7
5 Further restriction on listing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Ensuring quality of listing—lessor’s or agent’s obligation . . . . . . . 9
7 Ensuring quality of listing—database operator’s obligation . . . . . 10
8 Providing copy of personal information listed . . . . . . . . . . . . . . . . 10
9 Dispute about listing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Notifying relevant non-parties of tribunal order about listing . . . . 12
11 Keeping personal information listed . . . . . . . . . . . . . . . . . . . . . . . 12
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 1]

1 Definitions
In these model provisions—
agent, of a lessor, means a person employed, or otherwise
authorised, by the lessor to act as the lessor’s agent.
database means a system, device or other thing used for
storing information, whether electronically or in some other
form.
database operator means an entity that operates a residential
tenancy database.
lessor—
(a) means a person who gives the right to occupy residential
premises under a residential tenancy agreement; and
(b) includes—
(i) a person who is to give the right to occupy
residential premises under a proposed residential
tenancy agreement; and
(ii) a personal representative, successor or assign of a
person mentioned in paragraph (a) or subparagraph
(i).
list, personal information about a person in a residential
tenancy database—
(a) means—
(i) enter the personal information into the database; or
(ii) give the personal information to a database
operator or someone else for entry into the
database; and
(b) includes amend personal information about the person
in the database to include additional personal
information about the person.
out of date, in relation to personal information in a residential
tenancy database, means the information is no longer accurate
because—

Page 3
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 1]

(a) for a listing made on the basis the person owes a lessor
an amount that is more than the rental bond for a
residential tenancy agreement—the amount owed was
paid to the lessor within 3 months after the amount
became due; or
(b) for a listing made on the basis the tribunal has made an
order terminating the residential tenancy
agreement—the order has been revoked following a
review of the making of the order.
Drafting note—
A jurisdiction’s law enacting paragraph (b) of this definition is to
refer to the existing appeal or review process (if any) available in
that jurisdiction for the making of the termination order.
personal information means—
(a) an individual’s name; or
(b) information or an opinion, whether true or not, about an
individual whose identity is apparent, or can reasonably
be ascertained, from the information or opinion.
premises include—
(a) a part of premises; and
(b) land occupied with premises; and
(c) a caravan or its site, or both the caravan and site; and
(d) a manufactured home in, or intended to be situated in, a
moveable dwelling park or the home’s site, or both the
manufactured home and site; and
(e) a houseboat.
Drafting note—
Given this definition is subject to local variations, the terms ‘caravan’,
‘manufactured home’, ‘moveable dwelling park’ and ‘site’ of a
manufactured home have not been defined in these model provisions.
See general note 3.
rental bond, for a residential tenancy agreement—
(a) means the amount (however described)—

Page 4
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 1]

(i) paid by or for the tenant under the agreement,
whether to the lessor under the agreement, [name
of Residential Tenancies Authority] or another
entity at the direction of the lessor; and
(ii) intended to be available for the financial protection
of the lessor against the tenant breaching the
agreement; and
(b) does not include rent paid in advance.
residential premises means premises used, or intended to be
used, as a place of residence or mainly as a place of residence.
residential tenancy agreement means an agreement under
which a person gives to someone else a right to occupy
residential premises as a residence—
(a) whether or not the right is a right of exclusive
occupation; and
(b) whether the agreement is—
(i) wholly in writing, wholly oral or wholly implied;
or
(ii) partly in a form mentioned in subparagraph (i) and
partly in 1 or both of the other forms mentioned in
the subparagraph.
residential tenancy database means a database—
(a) containing personal information—
(i) relating to, or arising from, the occupation of
residential premises under a residential tenancy
agreement; or
(ii) entered into the database for reasons relating to, or
arising from, the occupation of residential
premises under a residential tenancy agreement;
and
(b) used, or intended to be used, by lessors or agents of
lessors for checking a person’s tenancy history for
deciding whether a residential tenancy agreement
should be entered into with the person.
Page 5
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 2]

tenant means a person to whom the right to occupy residential
premises under a residential tenancy agreement is given.
the tribunal means the [name of tribunal or other entity
empowered to deal with disputes about listings].
Drafting note—
See general note 2.

2 Application
These model provisions do not apply to a residential tenancy
database kept by an entity (including a department of the
government of a State or Territory) for use only by that entity
or its officers, employees or agents.

3 Notice of database and listing
(1) This section applies if—
(a) a person (the applicant) applies to a lessor, whether or
not through the lessor’s agent, to enter into a residential
tenancy agreement; and
(b) the lessor or, if the application is made through the
lessor’s agent, the lessor or agent uses a residential
tenancy database for deciding whether a residential
tenancy agreement should be entered into with a person.
(2) The lessor or agent must, when the application is made, give
the applicant written notice of the following—
(a) the residential tenancy database the lessor or agent uses
for deciding whether a residential tenancy agreement
should be entered into with a person;
(b) the reason the lessor or agent uses the residential
tenancy database is for checking an applicant’s tenancy
history;
(c) how persons may contact the database operator who
operates the residential tenancy database and obtain
information from the operator.

Page 6
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 4]

Drafting note—
See general note 2.
(3) Subsection (2) applies whether or not the lessor or agent
intends to use the residential tenancy database for deciding
whether a residential tenancy agreement should be entered
into with the applicant.
(4) However, the lessor or agent is not required to give the written
notice mentioned in subsection (2) if a written notice stating
the matters mentioned in the subsection was given to the
applicant not more than 7 days before the application was
made.
(5) If the lessor or agent uses the residential tenancy database for
checking whether personal information about the applicant is
in the database, the lessor or agent must, as soon as possible
but within 7 days after using the database, give the applicant a
written notice stating—
(a) whether personal information about the applicant is in
the database; and
(b) if personal information about the applicant is in the
database—
(i) details of the information; and
(ii) how and in what circumstances the applicant can
have the information removed or amended under
these model provisions.
Drafting note for subsection (4)—
See general note 2.

4 Listing can be made only for particular breaches by
particular persons
A lessor or lessor’s agent must not list personal information
about a person in a residential tenancy database unless—
(a) the person was named as a tenant in a residential
tenancy agreement that has ended; and
(b) the person has breached the agreement; and
Page 7
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 5]

(c) because of the breach, either—
(i) the person owes the lessor an amount that is more
than the rental bond for the agreement; or
(ii) the tribunal has made an order terminating the
residential tenancy agreement; and
Drafting note—
The reference to the tribunal in paragraph (c)(ii) is based
on the position that the entity that deals with disputes
about breaches of residential tenancy agreements is also
the entity that deals with disputes about listings. A
jurisdiction will need to make local variations to the
paragraph if the matters are not dealt with by the same
entity.
(d) the personal information—
(i) is only about the breach; and
(ii) is accurate, complete and unambiguous.
Drafting note—
See general note 2.

5 Further restriction on listing
(1) A lessor or lessor’s agent must not list personal information
about a person in a residential tenancy database unless the
lessor or agent—
(a) has—
(i) given the person a copy of the personal
information; or
(ii) taken other reasonable steps to disclose the
personal information to the person; and
(b) has given the person a reasonable opportunity to review
the personal information and make submissions—
(i) objecting to its entry into the database; or
(ii) about its accuracy, completeness and clarity; and
(c) has considered any submissions made.

Page 8
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 6]

Drafting note—
See general note 2.
(2) Subsection (1) does not apply if the lessor or lessor’s agent
can not locate the person after making reasonable enquiries.
(3) Subsection (1)(b) and (c) do not apply to information that, at
the time of the listing, is publicly available.
Example of publicly available information—
information obtained from publicly available court records

6 Ensuring quality of listing—lessor’s or agent’s obligation
(1) This section applies if a lessor or lessor’s agent who lists
personal information in a residential tenancy database
becomes aware that the information is inaccurate, incomplete,
ambiguous or out of date.
Examples for subsection (1)—
1 The lessor or lessor’s agent obtains new information, including, for
example, from the person to whom the personal information relates,
that shows that the personal information is inaccurate, incomplete,
ambiguous or out of date.
2 The lessor or lessor’s agent becomes satisfied the personal
information is inaccurate, incomplete, ambiguous or out of date
following the resolution of a dispute under section 9(3).
(2) The lessor or agent must, within 7 days, give written notice of
the following to the database operator who keeps the
database—
(a) if the information is inaccurate, incomplete, or
ambiguous—
(i) that the information is inaccurate, incomplete or
ambiguous; and
(ii) how the information must be amended to make it
accurate, complete and unambiguous;
(b) if the information is out of date—that the information is
out of date and must be removed.
Drafting note—
See general note 2.

Page 9
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 7]

(3) The lessor or agent must keep a copy of the written notice for
1 year after it was given under subsection (2).
Drafting note—
See general note 2.

7 Ensuring quality of listing—database operator’s
obligation
(1) This section applies if a lessor or lessor’s agent who has listed
personal information about a person in a tenancy database
gives the database operator who operates the database a
written notice stating that the personal information must be—
(a) amended in a stated way to make it accurate, complete
and unambiguous; or
(b) removed.
(2) The database operator must amend the personal information
in the stated way, or remove the personal information, within
14 days after the operator is given the written notice.
Drafting note—
See general note 2.

8 Providing copy of personal information listed
(1) A lessor or lessor’s agent who lists personal information about
a person in a residential tenancy database must, if asked in
writing by the person, give the person a copy of the
information, without payment of a fee, within 14 days after
the request is made.
Drafting note—
See general note 2.
(2) A database operator must, if asked in writing by a person
whose personal information is in the residential tenancy
database kept by the operator, give the person a copy of the
information within 14 days after the request is made.
Drafting note—
See general note 2.

Page 10
Residential Tenancy Databases—Model Provisions
Consultation Draft
[s 9]

(3) If a database operator charges a fee for giving personal
information under subsection (2)—
(a) the fee must not be excessive; and
(b) subsection (2) applies only if the fee has been paid.
(4) Subsection (1) or (2) does not require a lessor, lessor’s agent
or database operator to give a person personal information if
the lessor, agent or operator has previously given the
information to the person under this section.

9 Dispute about listing
(1) This section applies if—
(a) a lessor or lessor’s agent lists personal information
about a person in a residential tenancy database; and
(b) the person claims that the personal information is
inaccurate, incomplete, ambiguous or out of date.
(2) The person must notify the lessor or agent of the person’s
claim.
(3) If the lessor or agent disputes the claim, the lessor or agent
and the person must make a reasonable attempt to resolve the
dispute, with or without help from another person.
Example of another person for subsection (3)—
a professional conciliator
(4) Despite the [law empowering the dispute to be brought before
the tribunal], the person may [bring a dispute about the
person’s claim before the tribunal] only if—
(a) the person and the lessor or agent have complied with
subsection (3) and have been unsuccessful in resolving
the dispute; or
(b) the person has complied with subsection (2) but has
been unable to comply with subsection (3) because the
lessor or agent has been unwilling to comply with
subsection (3); or
(c) the person has been unable to comply with subsection
(2) or (3) because the person has been unable, after
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making a reasonable attempt, to contact the lessor or
agent for the purpose of complying with subsection (2)
or (3).
Drafting note for subsection (4)—
See general note 2.

10 Notifying relevant non-parties of tribunal order about
listing
(1) This section applies if—
(a) under the [law empowering the tribunal to make orders
in relation to disputes about listings], the tribunal makes
an order that a person must, in relation to a residential
tenancy database—
(i) remove all or particular personal information about
a person; or
(ii) amend personal information in a stated way; and
(b) the person against whom the order is made (the relevant
person) is not a party to the proceeding for the dispute.
Drafting note—
See general note 2.
(2) The tribunal must give a copy of the order to the relevant
person.
(3) The tribunal complies with subsection (2) if the tribunal
orders a party to the proceeding to give a copy of the order to
the relevant person.
Drafting note—
This section presumes that the law empowering the tribunal to make
orders of a kind mentioned in subsection (1) includes a requirement to
comply with the order that applies to all persons against whom it is
made.

11 Keeping personal information listed
(1) A database operator must not keep personal information in the
operator’s residential tenancy database for longer than—
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(a) if the national privacy principles require the operator of
the database to remove the personal information within
a stated period of less than 3 years—the stated period; or
(b) otherwise—3 years.
Drafting note—
See general note 2.
(2) However, subsection (1) does not apply to a person’s name if
it is necessary to keep the name in the residential tenancy
database for other personal information about the person in
the database that is not required to be removed under
subsection (1) or another law.
(3) This section does not limit the operation of another provision
of these model provisions or a provision of another law that
requires the removal of the personal information.
(4) In this section—
national privacy principles means the principles stated in the
Privacy Act 1988 (Cwlth), schedule 3.

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