Page 573 - Week 02 - Thursday, 21 February 2019

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lessors and their agents to freedom of expression—will not be materially impacted by the requirements set out in my proposed new section 11AA. People will still be able to provide photographs or other media when advertising a property, and they can use any form of words they choose to describe or promote the rental property. The minor obligation that this amendment will place on lessors and their agents is more than balanced by the value that this additional information would provide to renters when making a decision as to whether to inspect or apply for a property.

While we are talking about rights, what about renters’ rights? There is nothing that currently stops landlords from impinging on what might be considered basic human rights that renters should enjoy. Lessors can insist, for instance, that renters use a particular rental payment app. One of my staff was very strongly encouraged to use an app called Sorted. My office was contacted by another person who told me that their rental agreement contained a term—a non-standard term—insisting that this app be used. Although this is not available within the app itself, buried within the customer terms and condition at sortedservices.com are these somewhat alarming words:

We may disclose your personal information to third parties including our service providers … Any relevant Principal may disclose your personal information to us, to third parties including its service providers, to others providing services to you and to your authorised representatives or your legal advisers (e.g. when requested by you to do so). We use third party service providers who are in some cases located outside of Australia, for example in the USA or India. A relevant Principal may use third party service providers who are in some cases located outside of Australia, for example in New Zealand or the Philippines … We may also use your personal information to market our or any Principal’s services to you, including via telephone (this consent lasts indefinitely), mail, targeted digital marketing, email and SMS.

Many rental properties in Canberra are advertised through a company called 1form, which is a division of realestate.com.au. Prospective tenants have no option but to use this service. I had to use it last time I rented. Its privacy policy is chilling. It states:

realestate.com.au may collect personal information about you including, but not limited to your name, address, phone number, email, gender, occupation, personal interests and any other information provided. For some services and products, realestate.com.au may also collect your personal information to enable verification of your identity, including information from your passport, driver’s licence, and health care and concession cards.

Another one of my staff members spent the best part of two hours applying for a rental property via 1form and had to upload photos of his drivers licence and passport and, inexplicably, details of his accountant and lawyer, as he was working as a consultant at that time. As he pointed out to me, he had, of course, neither lawyer nor accountant. And, given that most of his time was spent looking after a toddler, he did not even earn enough in that period to have to pay GST on his consulting work. I have to say that if he only spent two hours on that form, he was doing well; it is a long and horrible form.

The privacy policy goes on to say that the company can do all manner of things with your information. It can provide it to third parties, including the very real estate agents who are using their services.


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