Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 459

459 Restriction on listing

(1) A person must not list personal information about another person in a tenancy database unless—

(a) the other person was named as a tenant in a residential tenancy agreement; and

(b) the agreement has ended; and

(c) there is a reason prescribed under a regulation for listing the information; and

(d) the tribunal has not made an order under section 245 (6) prohibiting the listing of the information.

(2) Without limiting subsection (1) , the person must not list personal information about the other person on a tenancy database unless—

(a) the person has without charging a fee, given the other person a copy of the personal information or taken other reasonable steps to disclose the personal information to the person; and

(b) the person has given the other person at least 14 days to review the personal information and make submissions objecting to its entry into the database or about its accuracy, completeness or clarity; and

(c) the person has considered any submissions made.

Penalty—

Maximum penalty—20 penalty units.

(3) The person does not commit an offence under subsection (2) if the person cannot locate the other person after making reasonable enquiries.

(4) The person is not required to give an opportunity to review or consider submissions made under subsection (2) if—

(a) the personal information, at the time of the listing, is contained in publicly available court or tribunal records; or

(b) the listing involves only an amendment of the personal information under section 461 .

(5) A person must not list personal information about another person if the person is aware that the personal information is inaccurate, incomplete, ambiguous or out of date.

Penalty—

Maximum penalty—20 penalty units.