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Residential Tenancies Act 1997
91Listing can be made only for certain breaches by certain
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91 Listing can be made only for certain breaches by certain
people
(1) A lessor, lessor’s agent or database operator 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
(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) a court or the ACAT has made an order terminating the
(d) the personal information—
(i) relates only to the breach; and
(ii) is accurate, complete and unambiguous.
(2) Without limiting subsection (1) (d) (ii), the personal information must
indicate the nature of the breach.
Example—indication of nature of breach
Personal information in a residential tenancy database indicates the nature of the
breach if it includes a reference to the following:
• ‘rent arrears’—for a person who has breached a residential tenancy agreement
by failing to pay rent; or
• ‘damage to premises’—for a person who has breached a residential tenancy
agreement by damaging the premises.