Queensland Consolidated Acts
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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 461
Application to tribunal about personal information listed
461 Application to tribunal about personal information listed
(1) A person (the
"tenant" ) whose personal information has been listed on a tenancy database
may apply to a tribunal for an order under this section.
(2) The tribunal may
order a person to take stated steps to—
(a) have the personal information
about the tenant omitted from the database; or
(b) have stated changes made
to the personal information about the tenant that is included in the database.
(3) The tribunal may make the order only if it is satisfied—
database includes personal information about the tenant that is inaccurate,
incomplete, ambiguous or out of date; or
Example for paragraph (a)—
Personal information about X is listed on a tenancy database for a reason
relating to a minor matter. The database does not give details of the matter
but includes a notation implying that X may be responsible for a serious
breach of the Act .
(b) the inclusion of the personal information about the
tenant in the database is unjust in the circumstances, having regard to—
the reason for the listing; and
(ii) the tenant’s involvement in the acts
or omissions giving rise to the reason for the listing; and
(iii) the adverse
consequences suffered, or likely to be suffered, by the tenant because of the
(iv) any other relevant matter.
Examples for paragraph (b)—
1 Personal information about Y is listed on a tenancy database for a reason
relating to damage caused to premises by a domestic associate of Y in the
course of an incident of domestic violence. Because of the listing, Y can not
obtain appropriate and affordable accommodation.
2 Personal information about
Z is listed on a tenancy database for a reason relating to an amount of rent
that remained unpaid for 2 months after it was payable. During that period, Z
was in hospital recovering from a serious accident and unable to make
arrangements for payment.
(4) To remove doubt, a tribunal may make an order
under this section against any person including the following—
(a) a person
who owns or operates a tenancy database;
(b) a person who lists personal
information about another person on a tenancy database.
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