Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 30

Complaint 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.