3 May 2023

Second Reading

Adjourned debate on second reading.

(Continued from 6 July 2022.)

The Hon. R.A. SIMMS: I want to thank all honourable members for their contributions: the Hon. Mr Ngo, the Hon. Frank Pangallo, the Hon. Ms Lensink and the Hon. Ms Game. It is disappointing to note that it seems only the Greens will be supporting this bill. I do not propose to speak for very long tonight because I appreciate members accommodating this bill on tonight's schedule, but I do want to correct some of the incorrect or ill-informed statements that have been made in the context of this debate.

The Hon. Mr Ngo talked about Adelaide being some sort of nirvana for affordable housing. I would urge the government to turn its attention to the latest findings from Anglicare. In fact, they should look at the snapshot weekend of Saturday 18 March this year, which looked at 1,456 private rentals that were advertised for rent in South Australia. That report found that just 11 individual properties, or 1 per cent, were suitable for at least one household type living on income support payments without placing them in housing stress.

Just 256, that is 18 per cent of individual properties, were suitable for at least one household type living on minimum wage without placing them in housing stress. Zero per cent of rentals, that is not one of the listed rental properties, were affordable for a single childless person trying to live on the JobSeeker payment, and just two properties out of all of those listed on the day of the snapshot—zero per cent—were affordable and appropriate for out-of-work couples with two children. Anybody who seeks to suggest that rental accommodation is affordable in South Australia has the wrong information.

There also appears to be a concern from some members of this chamber that to implement rent controls of the kind that the Greens have proposed would create a terrible stress for landlords. I do not accept that argument given all that my bill is seeking to do is limit rent increases in line with CPI. That has happened in other jurisdictions around the world. It would allow landlords to increase the rent but not in an exorbitant way. The problem that we are facing in our state at the moment is that rent prices are simply surging out of control due to lack of regulation.

I should put on the public record my appreciation for some of the actions that the Malinauskas government have taken to date. In particular, I welcome their efforts to ban rent bidding, albeit in a partial way, but I do support that and I recognise that there is broad support for that across the chamber. They have also made some changes relating to the amount of bond that somebody is required to put forward when they are acquiring a new property, and that will be a welcome relief for many renters. They have also announced a large affordable housing spend, which I think also will have a positive impact on the market, although it will take several years for that property to come to fruition.

The reality is that these things do not go far enough in terms of addressing rent prices in our state, rent prices that are surging out of control. I urge members of parliament to turn their attention to their fellow South Australians who are sleeping on the street, sleeping in tents, sleeping in caravans because they cannot afford a place to rent. I urge them to think of their fellow South Australians who are anxious, worrying about the skyrocketing rent prices that they are facing, and then I urge them to think about whether or not the solution that the Labor government has put forward goes far enough. The reality is this is well short of what is needed. It is not enough.

If there is not support for rent capping in this chamber tonight, then my challenge to the government is to come to the parliament with a clear plan to deal with rent prices. It is on them to try to solve this crisis, and I urge them to take action. With that, I conclude my remarks and indicate that I will be calling a division to put people's positions on the public record.

The council divided on the second reading:

Ayes 2

Noes 19

Majority 17

AYES

Franks, T.A.         Simms, R.A. (teller)        

NOES

Bonaros, C.         Bourke, E.S.        Centofanti, N.J.

Game, S.L.           Girolamo, H.M. Hanson, J.E.

Henderson, L.A. Hood, B.R.           Hood, D.G.E.

Hunter, I.K.         Lee, J.S. Lensink, J.M.A.

Maher, K.J.         Martin, R.B.        Ngo, T.T. (teller)

Pangallo, F.         Pnevmatikos, I. Scriven, C.M.

Wortley, R.P.                     

Second reading thus negatived.

2 May 2023

The Hon. R.A. SIMMS (15:27): I seek leave to make a brief explanation before addressing a question without notice to the minister representing the Minister
for Consumer and Business Affairs on the topic of the Residential Tenancies Act review.

Leave granted.

The Hon. R.A. SIMMS: Last week, Anglicare released its annual rental affordability snapshot, which showed that of the 1,456 private rentals advertised for
rent here in South Australia on one weekend last month, only 18 per cent were affordable and appropriate for households on a minimum wage and just 1 per cent were affordable and appropriate for households on income support payments.

In March, SACOSS released their latest cost-of-living update, which found that renters constitute 28 per cent of Adelaide's total housing market, and
approximately one-third of those are experiencing rental stress. Earlier today, the Reserve Bank increased interest rates yet again, which will place more pressure on home owners and, in turn, renters.

The government has been reviewing the Residential Tenancies Act, and in the media release about the review Minister Andrea Michaels stated:

"I am looking to use the levers at my disposal to improve availability and affordability for South Australian renters."

Since then, the government has announced some initial reforms relating to the Residential Tenancies Act and rent bidding but are yet to make the full
report of their review public. My questions to the minister therefore are:

1. How many submissions were received as part of this review?

2. Will the government commit to publicly releasing the submissions received and the report?

3. Will the minister advise when we will see the full suite of reforms that the government has in mind?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:29): I thank the honourable member for his question. I will have to relay some of those to the minister responsible, the Hon. Andrea Michaels. As I understand it—and if this
is wildly wrong I am happy to bring back clarification—there was something in excess of 5,000 responses to surveys, and also many dozens of formal written submissions in addition to the responses to surveys.

Sometimes the number of that—well over 10,000, I believe, individual hits on the YourSAy website page that looked at the Residential Tenancies Act. But in
relation to the very specifics of reports, I am happy to refer those to the minister in another place and bring back a reply. However, I think the level of interaction in response to this indicates, as the honourable member knows as an advocate in this area in this chamber, that it is often an important issue to many South Australians.

21 March 2023

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the minister representing the Minister for Consumer and Business Affairs on the topic of housing affordability.

Leave granted.

The Hon. R.A. SIMMS: According to the international think tank Demographia, Adelaide's housing market is now less affordable than New York, and Adelaide is the 14th least affordable city in the world when it comes to housing. Last week, SACOSS released their latest Cost of Living report, which showed that the average price of rentals in metropolitan Adelaide has increased well beyond the general inflation rate, with the average price increases at $50 per week over the last year for two-bedroom units and $60 per week for three-bedroom houses.

With rents skyrocketing in Queensland, Labor Premier Annastacia Palaszczuk has announced that limits on rent increases could be on the agenda for her government to support households living under rental stress, yet here in South Australia, when announcing plans to partially ban rent bidding, Premier Malinauskas told InDaily that, and I quote: 'A landlord is welcome to set rent as high as they believe they can reasonably get.'

My question to the minister therefore is: given the soaring cost of rent and the increasing number of South Australians sleeping on our streets, is it fair for landlords to charge whatever they can reasonably get, and why won't the government join Queensland in considering rent capping to get prices under control?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question and his often passionate advocacy in relation to issues to do with rent affordability in South Australia. I will refer his important questions to the minister in another place and bring back a reply for him.

In reply to the Hon. R.A. SIMMS (21 March 2023).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): The Minister for Consumer and Business Affairs has advised

The Malinauskas government is currently undertaking a review of the Residential Tenancies Act 1995 (RTA). This review will consider stakeholder and community submissions on a variety of issues affecting residential tenancies and will contemplate the implementation of measures to improve rental affordability in South Australia (SA).

7 March 2023

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the minister representing the Minister for Consumer and Business Affairs on the topic of renters rights.

Leave granted.

The Hon. R.A. SIMMS: Last month, the Malinauskas government announced their plan to introduce legislation to ban the practice of rent bidding; that is, a practice whereby tenants are encouraged to bid higher than rent offered by other tenants in order to secure a home. According to a story in The Advertiser published on 15 February this year, under the proposed legislation:

Landlords will still be allowed to accept offers above the listed rental price if they are made unsolicited and without encouragement.

Four days later, SBS online published a story that considered the effects of similar bans in other jurisdictions. The article stated that in New South Wales some prospective tenants are still offering more than the asking price, as well as offering to pay rent in advance—sometimes as much as a full year in advance. My question to the Attorney-General therefore is: given that so many South Australians are struggling with housing stress at the moment, is he concerned that the government's bill may not achieve its stated objective of actually banning the practice of rent bidding?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question. I will forward that on to the minister to whom he referred, the Minister for Consumer and Business Affairs in the other place, and bring back a reply for him.

In reply to the Hon. R.A. SIMMS (7 March 2023).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): The Minister for Consumer and Business Affairs has advised:

The Malinauskas government is confident that the Residential Tenancies (Protection of Prospective Tenants) Amendment Bill 2023 (amendment bill) will achieve its stated objective of banning the practice of rent bidding.

The amendment bill will bring South Australian rent bidding laws in line with other jurisdictions that have outlawed rent bidding, including New South Wales, Victoria, Queensland, and Tasmania.

23 February 2023

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the minister representing the Minister for Consumer and Business Affairs on the topic of rental standards.

Leave granted.

The Hon. R.A. SIMMS: The Bureau of Meteorology has issued a heatwave warning for South Australia, with some parts of the state experiencing an extreme heatwave. In SA Health's guide to coping with hot weather and heatwaves, it is stated that, and I quote from that document:

Everyone is at risk of heat-related illnesses during hot weather and heatwaves, and some groups of people, such as:

babies and young children

pregnant women

the elderly (especially people living alone)

people with chronic illnesses…

people with mobility issues

are more at risk of heat-related illness than others.

The guide goes on to recommend staying indoors with a fan or air conditioner on to stay healthy in the heat. South Australian rental properties are not required to provide fans or air conditioning for tenants, and many renters find it difficult keeping their houses cool. SACOSS have called for provisions to ensure minimum standards for private rental properties in South Australia. During a 2019 heatwave, SACOSS's CEO, Ross Womersley, was quoted by the ABC as saying that:

We should be ensuring that all properties that are being built are up to a very high environmental standard, in order to ensure that in the long term, we're protecting everybody in our community from these events.

My question to the minister therefore is: will the government commit to introducing minimum rental standards to ensure that renters are able to stay cool during heatwave events?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question, and I will refer it to my colleague in another place the Hon. Andrea Michaels, Minister for Consumer and Business Affairs and member for Enfield, and bring back a reply that she provides.

In reply to the Hon. R.A. SIMMS (23 February 2023).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I have been advised:

The Malinauskas government is undertaking a review of the Residential Tenancies Act 1995 (RTA). Consumer and Business Services (CBS) is currently reviewing all submissions and giving consideration to issues raised, including whether additional minimum standards for rental properties should be incorporated into the RTA.

30 November 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the Minister for Primary Industries and Regional Development on the topic of housing in flood-affected areas.

Leave granted.

The Hon. R.A. SIMMS: Yesterday, the Premier told the other place that over a thousand homes will be affected by the Murray River floods and those people will be requiring alternative accommodation. The Malinauskas government has committed to crisis and emergency accommodation in flood-affected areas to provide short-term solutions. Long-term solutions, however, will also be required, as demonstrated by the flood-affected areas in New South Wales.

In Lismore, in that state, authorities are still trying to find long-term solutions for flood-affected residents nine months after floods left thousands of people without homes. With vacancy rates of just 0.5 per cent in the Murray and Mallee regions and 0.73 per cent in the Riverland, the number of available homes is limited for people who need long-term accommodation while recovery efforts are being undertaken. My question to the minister, therefore, is:

1. Is the minister satisfied that there is sufficient availability of medium to long-term accommodation for flood-affected communities in South Australia?

2. What is the minister doing to ensure that there is an increase in housing stock in the affected regional areas?

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries: I thank the honourable member for his question. It certainly is a very pertinent topic in that we are aware of the immediacy of the approaching waters and what that will mean for people who do need to temporarily relocate. Of course, the Minister for Human Services has been very active as part of the cross-government and cross-agency activities to address the kinds of emergency situations that people will find themselves in.

In terms of medium to long-term accommodation, this is well known to be a significant issue in regional South Australia, as indeed it is quite an issue in metropolitan Adelaide as well. They are very difficult circumstances for all regions, but then when we add to that something that has the kind of effects that we are expecting this flood event to have, it is simply an added difficulty and complexity.

The minister for housing in the other place and the Minister for Human Services in the other place, as well as the government, are working on medium and long-term strategies in terms of housing and I have no doubt that the Riverland and the situation that we are faced with because of the rising waters and the expected flood damage will form a big part of the thinking as we go forward.

In terms of response, there are national disaster funding arrangements that are in place when there are various natural disasters, and of course we have seen those in place in the other states. I am sure that we will be very active in working together to try to find solutions for residents in regional areas, particularly the Riverland and the Murraylands, who might be affected by this.

3 November 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to a minister in this place, the Attorney-General, on the topic of renter background checks.

Leave granted.

The Hon. R.A. SIMMS: This morning, the ABC reported that renters are being told that they must pay for background checks when applying for rental properties. In the case of the 2Apply third-party app renters are required to use to provide background information, the ABC reports that their form asks for extensive private information, including the model of their car. The ABC further claims that renters are being told their star rating as an applicant would be capped at four out of five stars if they do not pay for their own background check.

Landlords and estate agencies are increasingly turning to third-party organisations, such as 2Apply and Equifax, for these background checks. 2Apply's terms and conditions, available on their website, describe these payments and features of the platform, claiming: 'From time to time, the interface may offer additional features for a fee. These features will be labelled as "paid".' Renters are not required to pay for these features, but they cannot achieve a five-star rating without them.

My question to the Attorney-General therefore is: does the government consider it unreasonable for renters to have to pay to receive a five-star rating when applying for a home? What is the government doing to ensure people are fairly treated by these third-party organisations?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question and his regular interest and advocacy in the area of the rights of consumers, particularly renters and rental affordability.

A lot of what the honourable member is asking will fall within the purview of my colleague, the Minister for Consumer and Business Affairs, but also I think there are elements that pertain to privacy for individuals and how information is used that comes into my portfolio area. I don't have any information on this and I haven't heard of this before but, to protect individuals, it is something I am happy to look into.

I am happy to work with my colleague, the Minister for Consumer and Business Affairs, to understand what the situation is in South Australia if potential renters are being unfairly treated because of a requirement to pay money to obtain a certain rating on a report to have a preferential go at obtaining a rental. I will be happy to bring back a reply to the honourable member. This may take a little bit of time, but it is an important issue and I am very happy to look into it.

2 May 2023

In reply to the Hon. R.A. SIMMS

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): The Minister for Consumer and Business Affairs is concerned to hear about the practice of requiring renters to pay for their own background checks in order to receive a five-star rating when applying for a home.

The Minister for Consumer and Business Affairs has asked the Commissioner for Consumer Affairs for further information on this matter, including whether this conduct is prohibited under current provisions in the Residential Tenancies Act 1995 and if it is not, whether legislative amendment is required in this area.

The upcoming review of the Residential Tenancies Act 1995 will present an opportunity to examine the residential tenancies sector and ensure the fair treatment of tenants by third-party organisations.

20 October 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the Minister for Regional Development on the topic of homelessness in the Riverland.

Leave granted.

The Hon. R.A. SIMMS: Yesterday, the honourable Minister for Climate, Environment and Water, Susan Close, provided a ministerial statement on the forecast high flows and rainfall expected in the River Murray over the next few months. In her statement, the minister highlighted that it is the highest seen since 1974, nearly 50 years ago, and it's likely to affect South Australian communities living in the Riverland.

Earlier this month, the Local Government Association of South Australia called on the state government to address regional housing issues, given so many people are struggling to find homes. According to homelessness advocate Shane Maddocks, the chief executive of ac.care, regional towns are on the 'precipice of an unprecedented homelessness crisis'. The latest Australian Bureau of Statistics data on homelessness estimates that 344 people are experiencing homelessness in the Murray and Mallee regions where high flows are predicted. With high flows and wet weather expected while some people are sleeping rough and in tents, my questions to the minister are:

1. How many people are currently sleeping rough in areas where high flows and wet weather are predicted?

2. What is the government doing to protect those experiencing homelessness in the regions that could be affected?

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): I thank the honourable member for his important question. Some of that detail I will need to get from the minister in the other place and bring that back to the chamber, which I am happy to do. However, in a general sense for background, it might be worth placing on the record some of the other information around the housing situation in terms of the rising waters of the River Murray.

I am told that the South Australian Housing Authority has advised that there are not any public housing properties in the Riverland immediately at risk from flooding, but of course the agency continues to monitor that situation in consultation with the various other agencies that are looking at the issues around flooding.

The South Australian Housing Authority is also responsible for emergency relief during major incidents and is represented at the State Emergency Centre to coordinate with other agencies. It's one of the agencies that has been represented on the emergency support team that I referred to in one of my earlier answers, of which PIRSA is also a member. That support team has been meeting for the last six weeks and will continue to do so as required.

As part of the emergency relief responsibilities, the South Australian Housing Authority has identified locations for emergency relief centres if they are required in coming weeks and months. Of course, we hope that they are not, but if they are, they have already identified locations. They have identified hotels and motels in affected areas and they have contact details in the event of activating large-scale emergency accommodation.

They have also contacted organisations like Lions and Rotary, which may be asked to assist in emergency relief work. I am also advised that the authority will work with the local homelessness service provider to conduct assertive outreach to vulnerable communities along the riverbank. Those are some of the actions currently underway, and I will take the remaining questions and refer them to the appropriate minister in the other place.

The Hon. R.A. SIMMS: Supplementary: can the minister confirm what arrangements are in place for those who are sleeping in tents who cannot be contacted by government agencies?

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): I would expect that the assertive outreach to which I referred is probably incorporating that into their work. We know there are vulnerable communities but also others who may not have ready contact, so that sort of assertive outreach is part of that. Again, if there is additional information I can provide once I have referred it to the minister in the other place I will do so.

Reply received on 20 November:

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): The Minister for Human Services has advised:

I am advised that leaders from the SA Housing Authority and Country South Homelessness Alliance visited the region on Tuesday 25 October to coordinate response.

Five people rough sleeping in Berri and six people rough sleeping in Murray Bridge with government and non-government staff working together to accommodate this group.

19 October 2022

I rise to speak on the Planning, Development and Infrastructure (Use of Vacant Land) Amendment Bill. In 2017, my predecessor, Mark Parnell, brought a similar bill to this one, at that time to find a public use for the vacant Le Cornu site. This revised bill seeks to address the housing crisis by allowing the government to step in and place temporary housing on vacant land in circumstances where the owner is unable or unwilling to undertake development.

The housing crisis continues to worsen in South Australia. Poor affordability, low availability and stagnating incomes have led us to a point where we regularly hear about people living in tents, in cars, on the streets or couch surfing. It is outrageous that we have residential and commercial land across our state that is being left vacant while people have no place to call home. In the CBD and the suburbs, we have several parcels of land that are left vacant with no imminent plans for development.

Sometimes land sits vacant because financing has fallen through and a developer has to abandon a project, but sometimes it is because a landowner is land banking, which is the practice of using an unused land asset to gain a return on investment with very few overheads or outlays. There is an example on Sturt Street here in the city. This block of land has remained vacant for at least seven years. Development applications have been submitted for this property over many years.

There is also of course the example of the old Le Cornu site, which sat vacant for almost 30 years. Indeed, during most of my lifetime that site on O'Connell Street has been vacant. It is of concern when you see prime land like this remaining vacant and government not taking any action and developers not being compelled to activate the land.

Under this bill, the government could take a statutory lease to use the land for a public purpose, including temporary housing. With over 17,000 people on the public housing waiting list, this solution would provide a supply of public homes quickly and easily until more permanent public homes could be built.

There are proven examples of this concept in other jurisdictions. The Victorian government entered a public-private partnership to use vacant land to deliver architecturally designed transportable dwellings for those who are experiencing homelessness, and the Harris Transportable Housing Project has already delivered 47 homes on underutilised land for residents. These homes are pet friendly, energy-efficient, affordable places for people to live privately and independently. Prefabricated homes can be installed in one day and easily removed when the land is ready for permanent development.

The Victorian example has received two awards from the Planning Institute of Australia for Best Planning Idea. We need innovative ideas like these to address our housing crisis. The need for housing is pressing. The solutions need to be swift and at scale. This bill unlocks unused land for the government, and that is land that is otherwise serving no useful purpose in our state.

This does not, of course, take the land away from the private owner. It is returned to the private landholder once a development application is lodged. My hope is that the government will support this bill and then utilise the land that is available to reduce the number of people on our public housing waitlist or, at the very least, reduce the number of people who are sleeping rough on our streets because I recognise that temporary housing is no solution or alternative to long-term permanent housing.

Surely, having people sleeping in portable homes is a better outcome than people being forced to sleep in tents, cars or caravans. It is not good enough that people are sleeping rough, couch surfing or having to live in their cars. It is our duty, as members of this place, to take action to address this crisis. I urge members to support the bill.

19 October 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the Attorney-General on the topic of data protection.

Leave granted.

The Hon. R.A. SIMMS: Last month the data breach at Optus left millions of customers vulnerable to scams and identity theft. At a renters' forum I held last month, renters raised concerns about the safety of their data in the wake of the Optus breach. Renters are often required to provide their driver's licence, bank statement, employment history, rental history, passport and the number of their dog's microchip (if indeed they have one). If renters refuse to provide any information the landlord or property manager asks for, they will not be considered for a rental home.

On 4 October The Guardian Australia reported on this issue and claimed that the culture of data hoarding by the real estate sector undermines the right of privacy and worsens the power imbalances between renters and landlords. My questions to the Attorney-General are:

1. What assurances can the government provide that the personal data of renters is being protected?

2. Will the government be legislating to protect the personal data of renters as part of their review of the Residential Tenancies Act?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question. It is an important one. I think many people have been horrified at what they have seen with the Optus data breach and I know that as a government we have discussed it. I think my colleague the member for West Torrens, the Hon. Tom Koutsantonis, as the Minister for Transport, has put in place people being able to get their licence reissued for free. I think that is a sensible initiative of the government for people who, through no fault of their own, can have their identities compromised, to have a new and different licence to be issued at no cost of their own.

It is an interesting question because, of course, other jurisdictions, most notably European jurisdictions, have, as I understand it, very significant sanctions for data breaches as occurred with Optus. I just don't have the information in front of me, but there are specific instructions and guidelines in terms of data that the government holds and sanctions for that, but in terms of data that private entities, whether they be rental companies, real estate companies, strata corporations hold, I am happy to look to see what we can do in relation to a review of acts that include rental provisions to see if there is a way to include those in those.

Reply Received on 30 November 2022:

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): The Minister for Consumer and Business Affairs has advised:

Consumer and Business Services (CBS) is responsible for the administration of the Residential Tenancies Act 1995 (RTA).

The RTA regulates residential tenancy databases, often referred to as tenant blacklists. Sections 99J and 99K of the RTA limit how database operators can store and distribute the personal information of renters.

The national privacy principles, as stated in schedule 3 of the Privacy Act 1988 of the commonwealth, also limit how organisations store, use, and disclose personal data. These principles can apply to how database operators and other organisations treat the personal data of renters.

The Malinauskas government has committed to a review of the RTA. The review will consider restricting the amount of personal information that can be requested from prospective tenants applying for a rental property and will consider regulating the circumstances in which this data can be retained.