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RESIDENTIAL TENANCIES ACT 2010 - SECT 217
Disputes about listings
217 Disputes about listings
(1) Application A person may apply to the Tribunal for an order under this
section if personal information about the person has been, or is proposed to
be, listed in a residential tenancy database.
(2) Grounds for order The
Tribunal may make an order under this section if it is satisfied that- (a) the
residential tenancy database includes personal information about the applicant
that is inaccurate, incomplete, ambiguous or out-of-date or that has been
listed on the database for longer than the applicable period specified in
section 218(1), or
(b) the inclusion of the applicant’s name or other
personal information about the applicant is unjust in the circumstances,
having regard to the following- (i) the reason for the listing,
(ii) the
tenant’s involvement in any acts or omissions giving rise to the listing,
(iii) any adverse consequences suffered, or likely to be suffered, by the
tenant because of the listing,
(iv) any other relevant matter.
(3) Orders by
Tribunal The Tribunal may order personal information about a person in a
residential tenancy database to be wholly or partly removed, amended in a
stated way or not listed in a residential tenancy database. The Tribunal must
give a copy of the order to the landlord, tenant and database operator.
(4)
Orders affecting other persons If the Tribunal makes an order directing a
person other than a landlord or agent to remove, amend or not list information
in a residential tenancy database, the Tribunal must give a copy of the order
to the person.
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