RESIDENTIAL TENANCIES ACT 1999 - SECT 128 Listing can be made only for particular breaches by particular persons
RESIDENTIAL TENANCIES ACT 1999 - SECT 128
Listing can be made only for particular breaches by particular persons(1) A landlord or database operator must not list personal information about a person in a tenancy database unless:
(a) the person was named as a tenant in a tenancy agreement that has ended; and
(b) the person breached the tenancy agreement; and
(ba) the person was a tenant at the time of the breach; and
(c) at least one of the following applies:
(i) the person agreed in writing to the listing;
(ii) the Tribunal found that the person personally breached the tenancy agreement and, because of that breach:
(A) the person owed the landlord an amount of money that was more than the security deposit; or
(B) the Tribunal made an order terminating the tenancy agreement; and
(d) the personal information:
(i) relates only to the breach; and
(ii) indicates the nature of the breach; and
(iii) is accurate, complete and unambiguous.
Examples for subsection (1)(d)(ii)
Personal information in a tenancy database indicates the nature of the breach if it includes a reference to the following:
(a) "rent arrears" – for a person who has breached a tenancy agreement by failing to pay rent;
(b) "damage to premises" – for a person who has breached a tenancy agreement by damaging premises.
(2) A person commits an offence if the person:
(a) is a landlord or database operator; and
(b) lists personal information about a person in a tenancy database other than in accordance with subsection (1).
Maximum penalty: 20 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) A person commits an offence if the person:
(a) is a landlord or database operator; and
(b) while a tenancy agreement is in place, threatens to list personal information about a tenant in a tenancy database.
Maximum penalty: 20 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.