Ensuring quality of listing—residential rental provider's obligation
(1) This section applies if a residential rental provider who lists personal information in a residential tenancy database becomes aware that the information—
(a) is inaccurate, incomplete, ambiguous or out of date; or
(b) relates to an act or a circumstance of family violence or personal violence experienced by the person whose personal information is listed.
(2) The residential rental provider must, within 7 days, give written notice of the following to the database operator who keeps the database—
(a) if the information is inaccurate, incomplete or ambiguous—
(i) that the information is inaccurate, incomplete or ambiguous; and
(ii) how the information must be amended so that it is no longer inaccurate, incomplete or ambiguous;
(b) if the information is out of date, that the information is out of date and must be removed;
(c) if the information relates to an act or circumstance of family violence or personal violence experienced by the person whose personal information is listed—
(i) that the information relates to an act or a circumstance of family violence or personal violence experienced by the person whose personal information is listed; and
(ii) that the information must be removed. Penalty: 150 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
Example
A residential rental provider lists, in a residential tenancy database, personal information about a renter who owes the residential rental provider an amount that is more than the bond. The renter pays the amount owed to the residential rental provider more than 3 months after the amount became due. The residential rental provider must, within 7 days after the residential rental provider becomes aware of the payment, give the database operator who keeps the database written notice of—
(a) the personal information being inaccurate; and
(b) the details of the payment to be included in the personal information so that it is no longer inaccurate.
(3) The residential rental provider must keep a copy of the written notice for one year after it was given under subsection (2). Penalty: 25 penalty units.
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