The RTA investigates alleged offences under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).
An investigation is an impartial fact-gathering process. RTA investigators make enquiries seeking information about an allegation following the principles of procedural fairness. Everyone involved is given every opportunity to respond to an allegation and to provide information before the RTA takes any further action. To make a complaint, you must put it in writing to the RTA. Contact us for information on submitting a complaint.
- The RTA focuses on educating people during an investigation.
- Prosecution may occur when other educative strategies have failed or are inadequate to address the seriousness of the complaint, or when it is considered to be in the public interest or in the interest of the rental sector.
- For a prosecution to commence, sufficient evidence is required to prove the allegation beyond a reasonable doubt. If the RTA decides to prosecute, the person making the complaint may be required to appear in court as a witness.
- Investigators are 'authorised persons' and have powers under the legislation to enter and search a property, seize documents and to require individuals and/or organisations to disclose information in certain circumstances.
- Obstruction of an authorised person or providing false or misleading information may be an offence.
- As the RTA receives a large number of investigation requests, it may take up to 21 days before investigation into a complaint can begin.
- The RTA endeavours to resolve matters in a timely manner. Most investigations are finalised within 6 months.
- More information on what the RTA can investigate is available on the Offences relating to the Act page and in our fact sheet Guide to RTA investigations.