Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 18M

             (1)  If:

                     (a)  a credit provider refuses an application by an individual for credit (including an application made jointly by that individual and one or more other persons); and

                     (b)  the refusal is based wholly or partly on information derived from a credit report relating to that individual that a credit reporting agency has given to the credit provider for the purpose of assessing the application;

the credit provider must give the individual a written notice:

                     (c)  stating:

                              (i)  that the application has been refused; and

                             (ii)  that the refusal was based wholly or partly, as the case requires, on information derived from a credit report relating to that individual that a credit reporting agency has given to the credit provider; and

                            (iii)  the name and address of the credit reporting agency; and

                     (d)  notifying that individual of his or her right under this Act to obtain access to his or her credit information file maintained by the credit reporting agency.

             (2)  If:

                     (a)  a credit provider refuses an application by an individual for credit, being an application made jointly by that individual and one or more other persons; and

                     (b)  the refusal is based wholly or partly on information derived from a credit report relating to one of those other persons that a credit reporting agency has given to the credit provider for the purpose of assessing the application;

the credit provider must give to that individual a written notice stating:

                     (c)  that the application has been refused; and

                     (d)  that the refusal was based wholly or partly, as the case requires, on information derived from a credit report relating to that person that a credit reporting agency has given to the credit provider.

             (3)  If:

                     (a)  a credit provider refuses an application by an individual for credit (including an application made jointly by that individual and one or more other persons); and

                     (b)  the refusal is based wholly or partly on information derived from a credit report relating to another person who was proposing to be a guarantor in respect of the credit;

the credit provider must give that individual a written notice stating:

                     (c)  that the application has been refused; and

                     (d)  that the refusal was based wholly or partly, as the case requires, on information derived from a credit report relating to that person that a credit reporting agency has given to the credit provider.