Western Australian Current Acts Western Australian Current Acts (1) A lessor,
lessor’s agent or database operator must not list personal information
about a person in a residential tenancy database unless —
(a) the
person was named as a tenant in a residential tenancy agreement that has
ended; and
(b) the
person has breached the agreement; and
(ba) the
breach does not consist of, or relate to —
(i)
a failure by the person to pay rent during the emergency
period as defined in the Residential Tenancies (COVID-19 Response) Act 2020
section 4 due to financial hardship caused by the economic effects of the
COVID-19 pandemic; or
(ii)
any other matter relating to the effects of the COVID-19
pandemic prescribed by regulations;
and
(c)
because of the breach, either —
(i)
the person owes the lessor an amount that is more than
the security bond for the agreement; or
(ii)
a court has made an order terminating the residential
tenancy agreement;
and
(d) the
personal information —
(i)
relates only to the breach; and
(ii)
is accurate, complete and unambiguous.
Penalty for this subsection: a fine of $5 000.
(2) Without limiting
subsection (1)(d)(ii), the personal information must indicate the nature of
the breach.
[Section 82E inserted: No. 60 of 2011 s. 96;
amended: No. 3 of 2019 s. 25; 18 of 2020 s. 78.]