Victorian Current Acts Victorian Current ActsS. 439F(1) amended by No. 45/2018 s. 302(1)(2).
(1) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database unless the residential rental provider or operator has, without charging a fee—
(a) given the person a copy of the personal information; or
(b) taken other reasonable steps to disclose the personal information to the person.
Penalty: 60 penalty units.
S. 439F(2) amended by No. 45/2018 s. 302(3)(4).
(2) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database unless the residential rental provider or operator has given the person at least 14 days to review the personal information and make submissions—
(a) objecting to its entry into the database; or
(b) about its accuracy, completeness and clarity.
Penalty: 60 penalty units.
S. 439F(3) amended by No. 45/2018 s. 302(5)(6).
(3) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database unless the residential rental provider or operator has considered any submissions made under subsection (2).
Penalty: 60 penalty units.
S. 439F(4) amended by No. 45/2018 s. 302(7).
(4) Subsections (1) and (2) do not apply if the residential rental provider or database operator cannot locate the person after making reasonable enquiries.
(5) Subsections (2) and (3) do not apply—
(a) to information that, at the time of the listing, is contained in publicly available court or Tribunal records; or
(b) to a listing involving only an amendment of personal information about a person under section 439G.
S. 439F(6) inserted by No. 45/2018 s. 302(8).
(6) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database if the information relates to—
(a) termination of a residential rental agreement and entry into a new residential rental agreement as a result of an order under section 91W; or
(b) a notice to vacate that the Tribunal found is invalid under section 91ZZT, 91ZZV, 142ZY, 142ZZA, 206AZN, 206AZP or 207O.
S. 439F(7) inserted by No. 45/2018 s. 302(8).
(7) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database if—
(a) the person has objected to the residential rental provider, that person's agent or the database operator about the listing of information on the database because the information relates to an act or a circumstance of family violence or personal violence experienced by the person; and
(b) the objection is accompanied by a copy of any prescribed documentary evidence.
S. 439G (Heading) amended by No. 45/2018 s. 303(1).
S. 439G inserted by No. 67/2010 s. 90.