Part 10B—Rental Non‑compliance Register

439O Definitions

In this Part—

registrable residential rental provider means a residential rental provider who the Director must register on the Rental Non-compliance Register under section 439P(2);rented premises includes room, site, caravan and Part 4A site;residential rental provider includes—

(a) rooming house operator; (b) caravan park owner; (c) caravan owner; (d) site owner; (e) agent of a residential rental provider or a person referred to in paragraphs (a) to (d).

439P Rental Non-compliance Register

(1) The Director must establish and maintain a register of registrable residential rental providers to be known as the Rental Non‑compliance Register. (2) The Director must enter in the Rental Non‑compliance Register any information specified in subsection (3) that is given to the Director by the Tribunal in respect of a residential rental provider if—

(a) the Tribunal has made an order under Part 5 that the residential rental provider must—

(i) remedy a breach; or (ii) pay compensation; or (iii) refrain from committing a breach; or

(b) the residential rental provider has committed an offence under this Act.

(3) For the purposes of subsection (2), the information is—

(a) the name of the residential rental provider; and (b) the address of the rented premises in respect of which the order was made or the offence was committed; and (c) if the residential rental provider has an agent, the business name and business address of the agent; and (d) if the Tribunal has made an order under Part 5 that the residential rental provider remedy a breach, pay compensation or refrain from committing a breach—

(i) the date of the order; and (ii) the provision of this Act that the residential rental provider was found to have breached; and

(e) if the person has committed an offence under this Act—

(i) the date of the conviction or finding of guilt; and (ii) the relevant provision of this Act; and

(f) any other information the Director determines is relevant to the order, conviction or finding of guilt.

439Q Form of Rental Non-compliance Register

(1) The Rental Non-compliance Register may be kept in any form the Director considers appropriate. (2) The Director may publish the Rental Non‑compliance Register, or any details in the Register, in any manner or form that the Director considers appropriate.

439R Restriction on listing personal information

(1) The Director must not list personal information about a person on the Rental Non-compliance Register unless the Director has, without charging a fee—

(a) given the person a copy of the personal information; or (b) taken other reasonable steps to disclose the personal information to the person.

(2) The Director must not list personal information about a person on the Rental Non-compliance Register unless the Director has given the person at least 14 days to review the personal information and make submissions—

(a) objecting to its entry on the Register; or (b) about its accuracy, completeness and clarity.

(3) The Director must not list personal information about a person on the Rental Non-compliance Register unless the Director has considered any submissions made under subsection (2). (4) Subsections (1) and (2) do not apply if the Director cannot locate the person after making reasonable enquiries. (5) Subsections (2) and (3) do not apply—

(a) to information that, at the time of the listing, is contained in publicly available court or Tribunal records; or (b) to a listing involving only an amendment of personal information about a person under section 439T.

439S Personal information must not be kept on Rental Non-compliance Register for more than 3 years

(1) The Director must not keep information about a residential rental provider on the Rental Non‑compliance Register for longer than 3 years. (2) This section does not limit the operation of this Part or a provision of another law that requires the removal of personal information.

439T Application to Tribunal for removal or amendment of listing

(1) A person may apply to the Tribunal for an order requiring the Director to amend or remove information about the person that is listed on the Rental Non-compliance Register. (2) The Tribunal may make an order requiring the Director to amend or remove information about a person that is listed on the Rental Non-compliance Register if the Tribunal is satisfied that—

(a) the Director did not—

(i) give the person a copy of the information under section 439R(1)(a); or (ii) take other reasonable steps to disclose the information to the person under section 439R(1)(b); or

(b) the information has been on the Rental Non‑compliance Register for longer than 3 years; or (c) information about the person that is listed on the Rental Non-compliance Register is incorrect.

(3) If the Tribunal makes an order under subsection (2), it may also order the Director to publish a statement on the Rental Non-compliance Register that—

(a) the Register contained information about the person that was incorrect; and (b) the Director has corrected the information on the Register.

439U What can the Tribunal order?

(1) On an application under section 439T, the Tribunal, if satisfied as to the matters specified in subsection (2), may make an order—

(a) prohibiting the Director from listing information about the applicant on the Rental Non-compliance Register; or (b) requiring the Director to amend information about the applicant that is or is to be listed on the Rental Non‑compliance Register; or (c) requiring the Director to remove information about the applicant that is listed on the Rental Non-compliance Register.

(2) For the purposes of subsection (1), the specified matters are—

(a) the Director has not given the applicant an opportunity to make submissions in accordance with section 439R(2); or (b) the Director has listed information in the Rental Non-compliance Register in contravention of section 439R.