Mr ANOULACK CHANTHIVONG (Macquarie Fields—Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections) (22:27): In reply: I thank my parliamentary colleagues for their contributions to debate on the Residential Tenancies Amendment (Protection of Personal Information) Bill 2025, particularly the members representing the electorates of Willoughby, Liverpool, Newtown, Mount Druitt, Sydney, Parramatta, East Hills and Prospect. The bill delivers on the Government's election commitment to improve rental laws for the people of New South Wales by introducing data protection measures for renters, landlords and agents. These changes will enable the development of a standard application form that will minimise the information that is allowed to be collected from rental applicants, give renters greater control over their personal information, ensure that renters are not unfairly impacted by incorrect information on residential tenancy databases and require landlords to provide greater transparency before entering into a rental agreement.
It is yet another important milestone in the Minns Labor Government's commitment to modernise the New South Wales rental market. Today's debate has shown the significant risks and consequences of data breaches, where the personal information of renters, landlords and agents can become compromised. It is essential that changes are made to end the current practice of intrusive and excessive data collection from rental applicants, while ensuring landlords are still able to access the information necessary to assess their application. I take this opportunity to address some of the points made by my parliamentary colleagues. I thank the shadow Minister, and member for Willougby for expressing the Opposition's support for the bill. It is good to see the Opposition is supporting the Government's reforms to make renting fairer, but it is a pity that did not happen during the 12 years it was in office. I am disappointed the shadow Minister has used his tired old lines criticising the Government for taking the time to progress the reforms and for trying to suggest the former Government first came up with the policy positions.
I will remind the House and the 2.3 million renters in New South Wales that the Liberals and Nationals had 12 years to introduce privacy and data protections, amongst other rental reforms, but they chose not to. The Government has made historic reforms to rental laws, including ending no-grounds evictions in New South Wales, so the Minns Labor Government will not be lectured by those opposite on rental reforms. I will also point out that the regulations will support the collection of relevant information such as for ensuring occupancy limits, but will restrict the collection of information that is irrelevant. The bill before the Parliament proposes to introduce a standard rental application form and the contents of that form will be subject to consultation with stakeholders following passage of the bill. The Government has engaged in extensive consultation on these reforms, including representatives of property owners.
The Government's large-scale public consultation on proposed changes to rental laws in 2023 heard from renters, owners, agents, property technology companies and other members of the community. Over 16,000 survey responses and 400 long-form submissions were collected during the consultation. Key stakeholders who participated in the public consultation included the Property Owners Association of NSW and Property Council of Australia. The NSW Rental Commissioner, Ms Trina Jones, also chaired an industry reference group with membership including the NSW Privacy Commissioner, legal representatives, academics, tenant advocates, landlord and agent representatives, and rental technology representatives. The commissioner has also met with renters, owners, agents, advocates, academics and others to understand the issues and receive further insights to guide the reforms in this bill.
I thank the member for Newtown for indicating the Greens' support for the bill. I acknowledge the comments from the Member for Newtown and the Member for Sydney regarding pets in rentals. When the Minns Labor Government came to the Parliament with our landmark rental reforms in October 2024, we made it clear that there would be more to come on pets. The changes proposed in this bill will give both renters and landlords greater certainty around pet ownership by introducing a grace period for renters starting a new tenancy to apply to have a pet without being in breach of their lease agreement. Provided an application is made within the seven‑day period, the renter can keep the animal until the landlord provides a response, which can take up to 21 days from when the application is received.
The purpose of the new provision is to provide a mechanism for new renters who already own a pet to avoid having to rehome their pets or risk being in breach on commencement of their agreement while they apply for consent. In October last year, the Government prioritised introducing a straightforward process for renters to apply to keep a pet and clear rules for landlords when considering an application. The Government's model received bipartisan support in the Parliament as it strikes the right balance between the interests of renters and landlords. Previously, landlords could refuse permission for a pet in a rental property without a reason or justification. Under the new laws that commenced on 19 May, a renters must still seek their landlords' consent to keep a pet, but landlords can only refuse the request on specific grounds. A renter is empowered to appeal a landlord's refusal if they believe that the reason is not valid. The new model to allow pets in rentals has been operating for less than six months. The Government will continue to monitor the rental market, including engaging with stakeholders, to identify any issues with implementation.
I thank the member for Sydney for his comments in support of the bill and acknowledge that he intends to move amendments. I will speak to those amendments during consideration in detail. This bill demonstrates a critical step forward in ensuring fairness, transparency and privacy for renters across New South Wales. Renters provide their personal information in good faith and the bill affords protections to their personal information and privacy, which renters should not have to sacrifice to find a home. The bill will also benefit the industry. Excessive collection and storage of personal data can leave landlords and agents vulnerable to data breaches, compromising the data of renters, landlords and agents. The consequences of those breaches are significant and can include identity theft, emotional and financial harm, loss of consumer trust and reputational damage to businesses.
The bill establishes a comprehensive framework for the protection of renters' personal information and privacy throughout the tenancy while balancing the needs of landlords and agents to obtain the necessary information to find a suitable renter or to manage a tenancy agreement. The bill applies the Commonwealth's Australian Privacy Principles, or APPs, under the Privacy Act 1988 and complements these principles with specific privacy protections tailored for the rental sector. It also makes other changes to support the Government's vision to make renting fairer, more modern and more transparent. These include tightening rules to apply to tenancy databases, requiring disclosure of embedded networks and digitally altered or generated images in advertisements, increasing penalties for offences and providing new renters with a grace period to make a pet request. One-third of the New South Wales population are renters. These changes are not just about policies or politics. They are about people: families, individuals and the vibrant communities we are building. We are committed to ensuring that every renter feels valued and respected while also recognising the legitimate concerns of landlords.
Developing these reforms has not been an overnight process. This bill represents an accumulation of months of consultation and work. I particularly thank the staff of NSW Fair Trading who have worked to develop this bill: Diana Holy, Anna Wade, Michelle Devine, Cassie Jacobs, Nancy Kha and Trina Jones. I also thank members of my staff, Alicia Sylvester and Brooke O'Rourke, who worked on the bill, as well as departmental liaison officers Praveena Shyamala and Khamena Zaya for their support through the parliamentary process. Finally, I extend my thanks to all those who participated in the consultation processes, and the tenant, landlord and agent groups that collaborated with the Government and provided insight and advice on the drafting. Together, we are laying the groundwork for a rental system that is equitable and fair. I commend the bill to the House.
