ONLINE SAFETY ACT 2021 - SECT 32 Complaints

ONLINE SAFETY ACT 2021 - SECT 32

Complaint made by a person depicted in an intimate image

  (1)   If a person has reason to believe that section   7 5 has been contravened in relation to an intimate image of the person, the person may make a complaint to the Commissioner about the matter.

  (2)   If the complainant is not able to identify the person who allegedly contravened section   7 5 , the complainant must make a statement to the Commissioner to that effect.

Complaint made on behalf of a person depicted in an intimate image

  (3)   If a person (the authorised person ) has reason to believe that section   7 5 has been contravened in relation to an intimate image of another person (the depicted person ), the authorised person may, on behalf of the depicted person, make a complaint to the Commissioner about the matter, so long as:

  (a)   the depicted person has authorised the authorised person to make a complaint about the matter; or

  (b)   both:

  (i)   the depicted person is a child who has not reached 16 years; and

  (ii)   the authorised person is a parent or guardian of the depicted person; or

  (c)   both:

  (i)   the depicted person is in a mental or physical condition (whether temporary or permanent) that makes the depicted person incapable of managing the depicted person's affairs; and

  (ii)   the authorised person is a parent or guardian of the depicted person.

  (4)   The authorised person must make a declaration to the Commissioner to the effect that the authorised person is entitled to make the complaint on behalf of the depicted person.

  (5)   If the authorised person is not able to identify the person who allegedly contravened section   7 5 , the authorised person must make a statement to the Commissioner to that effect.