VIC: Residential Tenancies Act Section 439C Notice of usual use of database

Notice of usual use of database (1) This section applies if— (a) a person (the applicant) applies to a residential rental provider to enter into a residential rental agreement; and (b) the residential rental provider usually uses one or more residential tenancy databases for deciding whether a residential rental agreement should be entered into with a person. (2) The residential rental provider must, when the application is made, give the applicant written notice stating the following— (a) the name of each residential tenancy database the residential rental provider usually uses, or may use, for deciding whether a residential rental agreement should be entered into with a person;

(b) that the reason the residential rental provider uses a residential tenancy database referred to in paragraph (a) is for checking an applicant's tenancy history;

(c) for each residential tenancy database referred to in paragraph (a), how persons may contact the database operator who operates the database and obtain information from the operator.

Penalty: 60 penalty units.

(3) Subsection (2) applies in relation to a residential tenancy database whether or not the residential rental provider intends to use the database for deciding whether a residential rental agreement should be entered into with the applicant.

(4) However, the residential rental provider is not required to give the written notice referred to in subsection (2) if a written notice stating the matters referred to in that subsection was given to the applicant not more than 7 days before the application was made. Example The residential rental provider gave a written notice stating the matters referred to in subsection (2) to the applicant when the applicant obtained the application form and that was less than 7 days before the applicant made the application.