Section 209Residential Tenancies Act 2010 (NSW)

Definitions

In this Part—
agent of a landlord means a person acting on behalf of a landlord and includes a landlord’s agent.
database means a system, device or other thing used for storing information, whether electronically or in some other form.
database operator means an entity that operates a residential tenancy database.
list personal information about a person in a residential tenancy database means—
(a) enter the personal information into the database, or
(b) give the personal information to a database operator or someone else for entry into the database,
and includes amend personal information about the person in the database to include additional personal information about the person.
out-of-date, in relation to personal information in a residential tenancy database, means the information is no longer accurate because—
(a) for a listing made on the basis the person owes a landlord an amount that is more than the rental bond for a residential tenancy agreement—the amount owed was paid to the landlord within 3 months after the amount became due, or
(b) for a listing made on the basis the Tribunal has made a termination order—the order has been suspended, the warrant for possession has lapsed or the parties have entered into a new residential tenancy agreement.
personal information means—
(a) an individual’s name, or
(b) information or an opinion, whether true or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion.
residential tenancy database means a database—
(a) containing personal information—
(i) relating to, or arising from, the occupation of residential premises under a residential tenancy agreement, or
(ii) entered into the database for reasons relating to, or arising from, the occupation of residential premises under a residential tenancy agreement, and
(b) the purpose of which is for use by landlords or agents of landlords for checking a person’s tenancy history to decide whether a residential tenancy agreement should be entered into with the person.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

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