This page describes the rules as each place’s regulator or law states them. It is not legal advice about any tenancy or listing. For a particular case, the places to check are Consumer Affairs Victoria, Queensland’s Residential Tenancies Authority, Consumer Protection WA, South Australia’s Residential Tenancies Act 1995 and the ACT Government’s Renting Book, each linked at the foot of this page where it is used; a tenancy advice service or a lawyer can advise on a particular case.
Victoria, Western Australia, South Australia and the ACT require a landlord or agent who uses databases to tell applicants so. In all five places, an applicant found in a search must be told, in writing and within 7 days in Victoria, Western Australia and South Australia. And before a former tenant is listed, they are told (in Queensland, Western Australia and South Australia, reasonable steps to tell them can be enough) and given time to respond: 14 days to object in Victoria and Western Australia, and at least 14 days to make submissions in South Australia, which has exceptions set out below.
The three notices in order
- When someone appliesA notice that the landlord or agent uses tenancy databases, which ones, and how to reach them.
- After a search finds a listingA notice to the applicant that they are listed, where, by whom, and how to have it changed.
- Before a listing is madeA notice to the former tenant of what is proposed, with time to object.
1. When someone applies to rent
A rental provider or agent who uses a renter database must tell everyone who applies, in writing. Consumer Affairs Victoria suggests putting this with the residential rental application form, together with the contact details of whoever runs the database, and says applicants must be told the names of the databases that will be used.
A lessor or agent who usually screens applicants through a database gives each applicant a written notice naming the databases they usually use, with contact details for each operator. Consumer Protection WA points to a sample notice, Form 18A, which goes with the application form, Form 18.
Section 99D of the Act applies where the landlord or agent usually uses one or more databases to decide whether to rent to someone. When the application is made, they must give the applicant written notice of:
- the name of each database they usually use, or may use, for that decision;
- that the reason for using it is to check an applicant’s tenancy history; and
- for each one, how to contact its operator and get information from them.
The notice is due whether or not the landlord or agent means to check this particular applicant. It need not be given again if the same notice was given no more than 7 days before the application; the Act’s example is a notice handed over with the application form within that time.
Landlords and agents whose usual practice is to check databases must tell prospective tenants so, which databases they use, and how a prospective tenant can get information from them.
2. When a search finds a listing
If an applicant’s details turn up, the rental provider or agent must tell them that their information is in the database, what it says, the database’s name and who listed them, and that they can check, change or remove the listing through the person who listed them. That notice is in writing, within seven days, and Consumer Affairs Victoria warns of significant penalties for failing to tell applicants about databases.
A property manager or owner who finds a listing must tell the prospective tenant in writing which databases list them, what the listing is for, and how to have it amended or removed.
The lessor or agent has 7 days to tell the prospective tenant, in writing. The notice names the database, names each person who made the listing where the database records it, and explains how, and in what circumstances, the listing can be removed or amended. It costs the applicant nothing. The lessor does not have to give the reason for the listing.
Section 99E applies when an applicant’s personal information is found in a database the landlord or agent checked. As soon as possible, and within 7 days after using the database, they must give the applicant written notice stating:
- the name of the database;
- that personal information about the applicant is in it;
- the name of each person who listed it, if the database identifies them; and
- how, and in what circumstances, the applicant can have it removed or amended under Part 5A.
If a search reveals information about a prospective tenant, they must be told the database’s name, who listed the information, and how to have the listing removed or amended.
3. Before a listing is made
This notice goes to the former tenant, after the tenancy has ended and before anything is entered.
| Place | Given by | How | Time to respond |
|---|---|---|---|
| VIC | The rental provider, the agent or the database operator | In writing | 14 days to object |
| QLD | The person making the listing | In writing with details of the proposed listing, or reasonable steps to tell the tenant about it | A reasonable opportunity to consider the information |
| WA | The lessor, the agent or the database operator | Reasonable steps to tell the tenant the details in writing; Consumer Protection WA mentions a letter to the tenant’s new address if it is known, or to the rented premises in case mail is being redirected | 14 days to object, and the objections must be considered |
| SA | The landlord, the agent or the database operator | A copy of the information, free of charge, or other reasonable steps to disclose it | At least 14 days to review it and make submissions, objecting to the listing or about how accurate, complete and clear it is; the submissions must be considered |
| ACT | The agent, the landlord or the database operator | Told at the time the listing is proposed | An opportunity to object to all or part of it |
South Australia’s exceptions
The Act lifts the notice requirement where the person cannot be found after reasonable enquiries. The 14 days and the duty to consider submissions also do not apply to information that is in publicly available court or Tribunal records at the time of listing, or to a listing that only amends information as section 99H requires.
The grounds a listing must meet are in the guide to who can be listed. What happens after a listing, including getting a copy, is in the guide to copies, corrections and removal, and the penalties for skipping a notice are in the guide to disputes and penalties.