Victorian Current Acts Victorian Current ActsS. 439M(1) amended by No. 45/2018 s. 308(1)(a).
(1) Subject to subsections (1A), (1B) and (1C), if an application is made under section 439L, the Tribunal may make an order—
S. 439M(1)(a) amended by No. 45/2018 s. 308(1)(b).
(a) prohibiting a residential rental provider, that person's agent or database operator from listing personal information about the applicant in a residential tenancy database; or
S. 439M(1)(b) amended by No. 45/2018 s. 308(1)(b).
(b) requiring a residential rental provider, that person's agent or database operator to amend personal information about the applicant that is or is to be listed in a residential tenancy database; or
S. 439M(1)(c) amended by No. 45/2018 s. 308(1)(b).
(c) requiring a residential rental provider, that person's agent or database operator to remove personal information about the applicant that is listed in a residential tenancy database.
S. 439M(1A) inserted by No. 45/2018 s. 308(2).
(1A) Before making an order under subsection (1) in respect of an application under section 439L(2A), the Tribunal is to be satisfied that a breach of a residential rental agreement by the person was a result of family violence or personal violence committed by another person.
S. 439M(1B) inserted by No. 45/2018 s. 308(2).
(1B) Before making an order under subsection (1) in respect of an application under section 439L(2B), the Tribunal is to be satisfied that the personal information poses a risk to the person's personal safety because it is listed.
S. 439M(1C) inserted by No. 45/2018 s. 308(2).
(1C) Before making an order under subsection (1) in respect of an application under section 439L(2C), the Tribunal is to be satisfied that the listing is or would be unjust in all of the circumstances, having regard to—
(a) the reason the information is listed; and
(b) the conduct of the renter; and
(c) whether there is a real likelihood that the listing would have a disproportionate impact on the ability of the renter to access future rental accommodation.
(2) The Tribunal may make an order under subsection (1) if the Tribunal determines that—
S. 439M(2)(a) amended by No. 45/2018 s. 308(3).
(a) the residential rental provider has not provided written notice to the applicant in accordance with section 439D(2); or
S. 439M(2)(b) amended by No. 45/2018 s. 308(3).
(b) the residential rental provider or database operator has listed personal information in the residential tenancy database in contravention of section 439E or 439F; or
S. 439M(2)(c) amended by No. 45/2018 s. 308(3).
(c) the residential rental provider has not provided written notice in accordance with section 439G in respect of personal information in the residential tenancy database that the residential rental provider is aware is inaccurate, incomplete, ambiguous or out of date; or
S. 439M(2)(d) amended by No. 43/2012 s. 3(Sch. item 42.2).
(d) the database operator has not
amended or removed personal information listed in a residential tenancy
database in accordance with section 439H(2).
Pt 10B (Headings and ss 439O– 439U) inserted by No. 45/2018 s. 310 (as amended by No. 1/2021 s. 99).
Part 10B—Rental Non‑compliance Register
S. 439O inserted by No. 45/2018 s. 310 (as amended by No. 1/2021 s. 99).