TICA Default – assurance

Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the

Fair Trading Act 1987 by:

TICA Default Tenancy Control Pty Ltd (ACN 087 400 379)

1. PERSONS GIVING THIS ASSURANCE

1.1 This Assurance is given to the Commissioner for Consumer Affairs by TICA Default Tenancy Control Pty Ltd ACN 087 400 379 of PO Box 120, CONCORD in the State of New South Wales , for the purposes of section 79 of the Fair Trading Act 1987 (SA).

2. BACKGROUND

2.1 TICA Default Tenancy Control Pty Ltd (TICA) owns and operates the residential tenancy database known as the TICA This database is an electronic system that contains personal information about people relating to, or arising from, the occupation of residential premises under a residential tenancy agreement. This database is to be used by landlords or agents of landlords for checking a person’s tenancy history for deciding whether a residential tenancy agreement should be entered into with the person.

2.2 In June 2009, a tenant, Ms White, jointly entered into a tenancy agreement in respect of a property situated in Seaford, South The tenants vacated the tenancy on 25 February 2015 . The landlords made claims against the tenants for payment of the bond and compensation. The bond was paid out to the landlords, but a further amount of $275.39 was owed and never paid.

2.3 On 5 March 2010 , a listing was made in the TICA database about Ms White . This entry contained Ms White’s At this time, there was no legislation in South Australia regulating the residential tenancy databases.

2.4 On 1 March 2014, s 99K of the Residential Tenancies Act 1995 (the Act) came into

This section prohibits the keeping of personal information about a person in a residential tenancy database for longer than three years . At this time, Ms White’s entry in the TICA database remained unchanged. TICA believed that the commencement of s 99K of the Act did not affect entries made in the TICA database before the commencement of s 99K on 1 March 2014.

2.5 Ms White wrote a letter to TICA dated 16 May 2016, requesting the removal of her listing.

2.6 On 7 June 2016 , Ms White applied to the South Australian Civil and Administrative Tribunal for an order that, amongst other things , the listing be removed .

2.7 On 21 June 2016 , TICA removed Ms White’s listing in the TICA database .

3. CONDUCT OF CONCERN

3.1 Between March 2010 and June 2016, TICA kept personal information about a person in its residential tenancy As a result, the Commissioner considers that:

3.1.1 TICA kept Ms White’s personal information in the TICA database for over six years ; and

3.1.2 By failing to remove Ms White’s personal information on 1 March 2014 (when section 99K came into operation) TICA breached section 99K of the ; and

3.2 TICA acknowledges that its conduct is likely to have breached section 99K of the

4. COMMENCEMENT OF ASSURANCE

4.1 This Assurance comes into effect when :

4.1.1 the Assurance is executed by TICA ; and

4.1.2 the Commissioner accepts the Assurance so

5. ASSURANCE BY TICA FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

5.1 In response to the concerns raised by the Commissioner, TICA hereby provides an Assurance to the Commissioner that:

5.1.1 Ms White’s personal information has been removed from the TICA database;

5.1.2 TICA has removed from the TICA database all entries which had been on the database for more than three years (from the time the entry was first made); and

5.1.3 TICA will remove entries in the TICA database as soon as the three-year period from the date of initial entry expired , even if that entry was created prior to 1 March 2014 .

6. ACKNOWLEDGMENTS

6.1 TICA acknowledges that:

6.1.1 CBS will make this Assurance publicly available including by publishing it on CBS’ public register of Assurances on its website;

6.1.2 this Assurance in no way derogates from any rights and remedies available to any other person arising from the alleged conduct; and

6.1.3 this Assurance may be produced to any Court in respect of any proceedings alleging any future contraventions  of the Fair  Trading Act  1987 or a related Act.

Signed assurance (PDF 124KB)

Accepted by the Commissioner for Consumer Affairs (SA) under s79 of the Fair Trading Act 1987