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Note: Obstruction of an authorised person or providing false or misleading information may be an offence.
An investigation is an impartial fact gathering assignment. Investigation officers make enquiries aimed at seeking information about an allegation following the principles of procedural fairness. All parties are given an opportunity to respond to an allegation and to provide information before the RTA decides on the most appropriate compliance action.
Action taken by the RTA is designed to:
Prosecution is conducted where other strategies have failed or are inadequate to address the seriousness of the complaint.
The RTA focuses on encouraging voluntary compliance and our first aim is to educate all parties during an investigation. Each case is assessed on its individual merits and is designed to promote ongoing compliance. Prosecutions may also be commenced when it is considered to be in the public interest or in the interests of the residential tenancies and residential services sector.
For a prosecution to commence, sufficient evidence is required to prove the allegation beyond a reasonable doubt. If the RTA takes prosecution action, you may be required to appear in court as a witness.
A complaint must be made in writing to the RTA. Copies of evidence (bond receipts, rent receipts, witness names, tenancy agreement, forms, entry notices etc.) must be provided before commencement of an investigation.
The RTA receives a large number of investigation requests which means it may take up to 21 days before investigation into your complaint can begin.
The Investigations Unit endeavours to resolve matters in a timely manner. In allowing for the principles of natural justice, an investigation can take up to 12 months however, most investigations are finalised within six months.
Download this information as a fact sheet (PDF 262kb).
View a list of offences relating to the Residential Tenancies and Rooming Accommodation Act.