Victorian Current Acts Victorian Current ActsS. 439E(1) amended by No. 45/2018 s. 301(1)(a).
(1) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database unless—
S. 439E(1)(a) amended by No. 45/2018 s. 301(1)(b)(c).
(a) the person was named as a renter in a residential rental agreement that has ended; and
S. 439E(1)(b) amended by No. 45/2018 ss 301(1)(c), 240A(Sch. 1 item 27) (as amended by No. 47/2019 ss 83, 90).
(b) the person has breached the residential rental agreement or section 91ZI , 91ZJ, 91ZM, 91ZO, 91ZQ, 91ZV, 142ZB, 142ZC, 142ZF, 142ZG, 142ZI, 206AQ, 206AR, 206AU, 206AW, 206AY, 207W, 207X, 207ZA, 207ZC or 207ZD; and
(c) because of the breach, either—
S. 439E(1)(c)(i) amended by No. 45/2018 s. 301(1)(a).
(i) the person owes the residential rental provider an amount that is more than the bond; or
(ii) the Tribunal has made a possession order; and
(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.
Examples to s. 439E(2) amended by No. 45/2018 s. 301(2).
Examples
1 An example of how personal information can indicate the nature of a breach is including the words "rent arrears" in personal information about a person who has breached a residential rental agreement by failing to pay rent.
2 An example of how personal information can indicate the nature of a breach is including the words "damage to premises" in the personal information about a person who has breached a residential rental agreement by damaging premises.
S. 439E(3) inserted by No. 45/2018 s. 301(3).
(3) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database if—
(a) the person breached the residential rental agreement; and
(b) that breach was a result of an act or a circumstance of family violence or personal violence experienced by the person.
S. 439F inserted by No. 67/2010 s. 90.