VIC: Residential Tenancies Act Section 439D Notice of listing if database used

Notice of listing if database used (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 uses a residential tenancy database for checking whether personal information about the applicant is in the database; and

(c) personal information about the applicant is in the database.

(2) The residential rental provider must, as soon as possible but within 7 days after using the database, give the applicant a written notice stating—

(a) the name of the database; and

(b) that personal information about the applicant is in the database; and

(c) the name of each person who listed the personal information in the database; and

(d) how and in what circumstances the applicant can have the personal information removed or amended under this Part.

Penalty: 60 penalty units.

(3) Subsection (2)(c) does not apply if the residential tenancy database does not identify the person who listed the personal information in the database.