Nationwide guidelines for use of tenancy databases

The Real Estate Institute of Australia proposes to work with Commonwealth and State Governments through co-regulation to establish a Commonwealth/State working group to develop nation-wide guidelines for the use of tenancy databases; in order to ensure compliance with legislation and provide protection for the consumer and the real estate industry.

The property management industry has a major responsibility to lessors and tenants to ensure that the rights and responsibilities of both these parties are upheld. However, tenant reference services, their operators and users are largely unregulated albeit that some aspects are already covered under federal legislation, eg the Privacy Act for collection and use of personal data. Moreover, there is differing State legislation on tenancy databases across Australia, which can lead to inconsistencies and confusion.

There is considerable public interest and some concerns about tenancy databases which have resulted in inquiries in Tasmania and Queensland. There are many legitimate stakeholders who have interests to be addressed, eg the real estate property management industry, tenant, landlord, State governments, database operators, and the Commonwealth Government.

The Real Estate Institute of Australia has approached Federal Government to coordinate a whole of government approach including State/Territory governments and all major stakeholders.

On 1 August 2003, the Commonwealth/State Ministerial Council on Consumer Affairs announced the establishment of a high level Working Party to consider the options for a nationally consistent framework for regulating residential tenancy databases. Recognizing the significance of privacy issues, the Council agreed to develop options in cooperation with the Commonwealth/State Standing Committee of Attorneys-general.

To read the REIA submission in response to the Working Party's issues paper, click here

April 2004