❓ Hon Giz Watson raises concerns about tenancy databases and consumer protection for tenants. The Minister acknowledges existing Commonwealth legislation but expresses dissatisfaction and indicates a preference for nationally consistent legislation, with a potential for WA-specific regulations if delays persist.
AnsweredQoN 595Legislative Council
QuestionView source ↗
TENANCY DATABASES
Tenancy databases are used by real estate agents as a mechanism to filter rental applicants on behalf of owners. As the ability of current and would-be tenants to amend outdated or incorrect information contained in the databases is an essential prerequisite to securing a tenancy in the private sector, I ask — (1) What consumer protection is available to tenants in relation to the collection and use of personal information by tenancy database operators? (2) Is the minister satisfied with the level of consumer protection regarding tenancy databases? (3) Does the minister intend to introduce legislation to regulate tenancy databases in Western Australia? (4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA
Tenancy databases are used by real estate agents as a mechanism to filter rental applicants on behalf of owners. As the ability of current and would-be tenants to amend outdated or incorrect information contained in the databases is an essential prerequisite to securing a tenancy in the private sector, I ask — (1) What consumer protection is available to tenants in relation to the collection and use of personal information by tenancy database operators? (2) Is the minister satisfied with the level of consumer protection regarding tenancy databases? (3) Does the minister intend to introduce legislation to regulate tenancy databases in Western Australia? (4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA
AnswerView source ↗
I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(1) What consumer protection is available to tenants in relation to the collection and use of personal information by tenancy database operators? (2) Is the minister satisfied with the level of consumer protection regarding tenancy databases? (3) Does the minister intend to introduce legislation to regulate tenancy databases in Western Australia? (4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(2) Is the minister satisfied with the level of consumer protection regarding tenancy databases? (3) Does the minister intend to introduce legislation to regulate tenancy databases in Western Australia? (4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(3) Does the minister intend to introduce legislation to regulate tenancy databases in Western Australia? (4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(5) Not applicable.
(1) What consumer protection is available to tenants in relation to the collection and use of personal information by tenancy database operators? (2) Is the minister satisfied with the level of consumer protection regarding tenancy databases? (3) Does the minister intend to introduce legislation to regulate tenancy databases in Western Australia? (4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(2) Is the minister satisfied with the level of consumer protection regarding tenancy databases? (3) Does the minister intend to introduce legislation to regulate tenancy databases in Western Australia? (4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(3) Does the minister intend to introduce legislation to regulate tenancy databases in Western Australia? (4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(4) If yes to (3), when? (5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(5) If no to (3), why not? Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
Hon ADELE FARINA replied: I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
I thank the honourable member for some notice of this question. The minister has provided the following answer. (1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(1) The commonwealth Privacy Act 1988 defines the operators of residential tenancy databases as organisations for the purposes of the act. As such, the operators of residential tenancy databases must comply with the information privacy principles and the national privacy principles for the collection, storage and use of the personal information collected from tenants. (2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(2) No. (3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(3)-(4) The Standing Committee of Attorneys-General and the Ministerial Council on Consumer Affairs agreed to form a joint working party on databases to examine the issues relating to their operation and to develop, where necessary, options for a nationally consistent legislative framework. The Department of Consumer and Employment Protection has been a member of this working party since the commencement of the project. It is anticipated that model legislation will be available for consideration in July 2009. Although there is a commitment to develop nationally consistent legislation, any further delays to this project will likely result in the Western Australian government retreating from the joint working party and developing and implementing regulations for residential tenancy databases under the Residential Tenancies Act 1987. (5) Not applicable.
(5) Not applicable.
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