RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 461 Application to tribunal about personal information listed

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 461

461 Application to tribunal about personal information listed

(1) A person (the
"tenant" ) whose personal information has been listed on a tenancy database may apply to a tribunal for an order under this section.

(2) The tribunal may order a person to take stated steps to—

(a) have the personal information about the tenant omitted from the database; or

(b) have stated changes made to the personal information about the tenant that is included in the database.

(3) The tribunal may make the order only if it is satisfied—

(a) the database includes personal information about the tenant that is inaccurate, incomplete, ambiguous or out of date; or

Example for paragraph (a)—

Personal information about X is listed on a tenancy database for a reason relating to a minor matter. The database does not give details of the matter but includes a notation implying that X may be responsible for a serious breach of the Act .

(b) the inclusion of the personal information about the tenant in the database is unjust in the circumstances, having regard to—

(i) the reason for the listing; and

(ii) the tenant’s involvement in the acts or omissions giving rise to the reason for the listing; and

(iii) the adverse consequences suffered, or likely to be suffered, by the tenant because of the listing; and

(iv) any other relevant matter.

Examples for paragraph (b)—

1 Personal information about Y is listed on a tenancy database for a reason relating to damage caused to premises by a domestic associate of Y in the course of an incident of domestic violence. Because of the listing, Y can not obtain appropriate and affordable accommodation.

2 Personal information about Z is listed on a tenancy database for a reason relating to an amount of rent that remained unpaid for 2 months after it was payable. During that period, Z was in hospital recovering from a serious accident and unable to make arrangements for payment.

(4) To remove doubt, a tribunal may make an order under this section against any person including the following—

(a) a person who owns or operates a tenancy database;

(b) a person who lists personal information about another person on a tenancy database.