99Application to ACAT about certain personal information

99 Application to ACAT about certain personal information listed in residential tenancy database (1) If personal information about a person is listed in a residential tenancy database, the person may apply to the ACAT for an order under this section. (2) The ACAT may order a listing person to— (a) remove stated personal information from the database; or (b) amend the personal information in the database. (3) The ACAT may make the order only if satisfied— (a) the personal information is inaccurate, incomplete, ambiguous or out-of-date; or (b) the listing of the personal information is unjust in the circumstances, having regard to— (i) the reason for the listing of the person’s personal information; and (ii) the person’s involvement in the acts or omissions giving rise to the listing of the personal information; and (iii) the adverse consequences suffered, or likely to be suffered, by the person because of the listing of the personal information; and (iv) any other relevant matter. Examples—par (b) 1 Information about Endora is listed in a residential tenancy database because of damage caused to premises by Endora’s domestic partner during a family violence incident. Because of the listing of the information, Endora cannot obtain appropriate and affordable accommodation. 2 Information about Maurice is listed in a residential tenancy database because rent remained unpaid by Maurice for 4 months after it was payable. During that period, Maurice was in hospital recovering from a serious accident and unable to make arrangements for payment.

listing person means a lessor, lessor’s agent, database operator or someone else.