48ZFCivil proceedings to enforce compliance with Part

48ZF Civil proceedings to enforce compliance with Part

[Section 48ZF Inserted by No. 35 of 2011, s. 8, Applied:01 Jan 2012]

(1)  In this section –

eligible person means a person affected by information kept under this Part or a person authorised by such a person as a representative of the affected person.

(2)  An eligible person may apply to the Commissioner for an order under this section.

(3)  The Commissioner may make any order he or she thinks fit in respect of an application under subsection (2) if the Commissioner is satisfied that –

(a) personal information kept in the residential tenancy database is inaccurate, incomplete, ambiguous or out of date; or

(b) the inclusion of information that affects the eligible person is unjust in the circumstances, having regard to the following:

(i) the reason for the listing in the residential tenancy database;

(ii) the eligible person's, or the tenant's, involvement in any acts or omissions giving rise to the listing of the information in the residential tenancy database;

(iii) any adverse consequences suffered, or likely to be suffered by the eligible person because of the listing of the information in the residential tenancy database;

(iv) any other matter the Commissioner considers relevant.

(4)  The Commissioner may, by an order under this section, fix a period for compliance and impose any other requirements the Commissioner considers necessary or expedient for enforcement of the order.