Commonwealth Consolidated Acts Commonwealth Consolidated ActsComplaint made by an Australian child
(1) If an Australian child has reason to believe that the child was or is the target of cyber-bullying material that has been, or is being, provided on:
(a) a particular social media service; or
(b) a particular relevant electronic service; or
(c) a particular designated internet service;
the child may make a complaint to the Commissioner about the matter.
Complaint made on behalf of an Australian child
(2) If:
(a) a person (the responsible person ) has reason to believe that cyber-bullying material targeted at an Australian child has been, or is being, provided on:
(i) a particular social media service; or
(ii) a particular relevant electronic service; or
(iii) a particular designated internet service; and
(b) either:
(i) the responsible person is a parent or guardian of the child; or
(ii) the child has authorised the responsible person to make a complaint about the matter;
the responsible person may, on behalf of the child, make a complaint to the Commissioner about the matter.
Complaint made by an adult who was an Australian child
(3) If:
(a) a person is an adult; and
(b) the person has reason to believe that, when the person was an Australian child, the person was the target of cyber-bullying material that was provided on:
(i) a particular social media service; or
(ii) a particular relevant electronic service; or
(iii) a particular designated internet service;
the person may make a complaint to the Commissioner about the matter, so long as:
(c) the complaint is made within a reasonable time after the person became aware of the matter; and
(d) the complaint is made within 6 months after the person reached 18 years.
Complaint previously made to the service provider
(4) If:
(a) a complaint made by a person under this section concerns material that has been, or is being, provided on:
(i) a social media service; or
(ii) a relevant electronic service; or
(iii) a designated internet service; and
(b) the person wants the Commissioner to give the provider of the service a section 65 removal notice requiring the provider to remove the material from the service;
the complaint under this section must be accompanied by evidence that the material was the subject of a complaint that was previously made to the provider of the service.
(5) For the purposes of subsection (4), evidence must be in a form required by the Commissioner.
(6) If:
(a) a social media service; or
(b) a relevant electronic service; or
(c) a designated internet service;
issues a receipt or complaint number to a complainant as part of its ordinary business processes, the Commissioner may require evidence to be in the form of the receipt or complaint number.
(7) If:
(a) a social media service; or
(b) a relevant electronic service; or
(c) a designated internet service;
does not issue a receipt or complaint number to a complainant as part of its ordinary business processes, the Commissioner may require evidence to be:
(d) in the form of a screen shot; or
(e) in the form of a statutory declaration; or
(f) in such other form as the Commissioner specifies.
(8) Subsections (6) and (7) do not limit subsection (5).
(9) A requirement under subsection (5), (6) or (7) is not a legislative instrument.