What is the Exclusion Register?
The Exclusion Register is a list of guests and hosts who have been excluded from participating in the short-rental accommodation industry.
Hosts can be listed either as a host in general, or as a host in relation to a specific premises.
Once listed on the exclusion register, the person or premises is prohibited from participating in the short-term rental accommodation industry for 5 years.
Read more about NSW Fair Trading’s approach to enforcing obligations concerning the exclusion register.
How is someone recorded on the Exclusion Register?
Participants can be excluded from the industry if they are found by NSW Fair Trading to have committed two serious breaches (strikes) of the Code of Conduct in a 2 year period.
NSW Fair Trading can record a strike against a guest or host, in relation to one or all their premises, following consideration of a complaint.
NSW Fair Trading can also record a host or a guest on the exclusion register if satisfied that a person has been charged with a criminal offence and it is in the public interest to exclude the person until the criminal proceedings are determined.
If a person is convicted of a criminal offence and it is in the public interest, NSW Fair Trading can record a person on the Exclusion Register for a specified period or indefinitely.
Read more about dispute resolution at Short-term rental accommodation complaints.
Appealing a decision to be listed on the register
If you or your premise has been listed on the exclusion register you can appeal this decision. To lodge an appeal please visit our Appeals page.
What to do if the previous owner of your property is on the Exclusion Register
A premises owner can apply to NSW Fair Trading for the removal of a premises from the exclusion register.
NSW Fair Trading will remove the premises from the register if it is satisfied that the owner is not the host against whom the strikes were recorded.
Fair Trading also must be satisfied this former host has no direct or indirect interest in the premises.
Obligations to check if someone is on the register
Booking platforms, hosts, and letting agents are required under the code not to enter into or facilitate short-term rental agreements with people who are listed on the Exclusion Register.
NSW Fair Trading, however, recognises participants will need time to adapt to the new obligations under the code and that public facing elements of the Exclusion Register are not yet available.
This will help industry participants comply with their obligations under the code.
To support industry participants, Fair Trading will take an educational approach to compliance and enforcement on obligations regarding the Exclusion Register, in particular, clauses under the code that prohibit hosts, booking platforms, and letting agents from entering into or facilitating short-term rental accommodation arrangements with people listed on the Exclusion Register.
However, Fair Trading will enforce obligations on hosts and guests to not enter into short-term rental arrangements if they are themselves listed on the exclusion register.
This approach will last until 1 June 2021.
In support of this position NSW Fair Trading has released a Statement of Regulatory Intent on how it will be enforcing obligations regarding the exclusion register.
NSW Fair Trading will continue to evaluate and assess appropriate enforcement action according to the regulatory compliance and enforcement approach as set out it its Compliance and Enforcement Policy.
Listings on the Exclusion Register
Currently there are no people or premises listed on the Exclusion Register.