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Residential Tenancy Databases (RTDs) are privately owned electronic databases which contain information about individual tenancy histories. Most real estate agents subscribe to one or more RTD, and use them to screen prospective tenants for the purpose of renting residential properties.
Tenancy databases are legitimate tools that give lessors a means of protecting their property investments. However unfair listings have occurred in the past.
At the state and territory level, there is no uniform or consistent legislative approach to the regulation of the use of RTDs by agents and lessors.
In 2006, the Ministerial Council on Consumer Affairs (MCCA) agreed to the drafting of uniform model legislation by Queensland that the legislation should be released as an exposure draft bill.
The policy objective of the model legislation is to address risks to tenancy applicants by ensuring RTDs are not used unfairly or inappropriately, while maintaining the role of RTDs as a legitimate risk minimisation tool for lessors and their agents.
The draft national model provisions were based on seven regulatory recommendations in relation to:
The legislation is designed to achieve an effective balance between the competing interests of the stakeholders: tenants, RTD users and RTD operators.
The draft provisions are yet to receive formal government endorsement. However, following consultation and if endorsed by the Ministerial Council on Consumer Affairs (MCCA), it is planned that the model provisions will be adopted by all state and territory governments in order to provide a consistent national approach to the regulation of residential tenancy databases.
The purpose of the consultation document is to invite submissions from Tasmanian stakeholders on the draft model provisions for regulating residential tenancy databases.
Following a comprehensive consultation process and final endorsement by MCCA, uniform legislation will be enacted in all states and territories.
Copies of the following documents are available from the Consumer Affairs and Fair Trading web site.
(124.8kb/15 pages)
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Interested parties are encouraged to respond to the draft model provisions.
Comments in writing should be forwarded by Friday 11 December 2009 to:
National Regulation of Residential Tenancy Databases
Residential Tenancies Authority
GPO Box 390
BRISBANE QLD 4001
Or by email to: review@rta.qld.gov.au
Should you wish to make an enquiry please contact Chris Batt, Office of Consumer Affairs and Fair Trading, ph (03) 6233 4555 or chris.batt@justice.tas.gov.au
Feedback received on the draft model provisions will be analysed by the national working party and a consultation report will be provided to MCCA for its consideration. The model provisions will then be revised in accordance with the directions of MCCA. Should the model provisions be progressed at this point, each jurisdiction will then need to take formal steps to implement the model provision in their jurisdiction.
