ONLINE SAFETY ACT 2021 - SECT 36 Complaints about cyber - abuse material

ONLINE SAFETY ACT 2021 - SECT 36

Complaint made by an Australian adult

  (1)   If an Australian adult has reason to believe that the adult was or is the target of cyber - abuse material that has been, or is being, provided on:

  (a)   a part icular social media service; or

  (b)   a particular relevant electronic service; or

  (c)   a particular designated internet service;

the adult may make a complaint to the Commissioner about the matter.

Complaint made on behalf of an Australian adult

  (2)   If:

  (a)   a person (the responsible person ) has reason to believe that cyber - abuse material targeted at an Australian adult has been, or is being, provided on:

  (i)   a particular social media serv ice; or

  (ii)   a particular relevant electronic service; or

  (iii)   a particular designated internet service; and

  (b)   the adult has authorised the responsible person to make a complaint about the matter;

the responsible person may, on behalf of the adult, make a complaint to the Commissioner about the matter.

Complaint about material that was provided on a service

  (3)   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 serv ice; 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 removal notice under section   8 8 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.

  (4)   For the purposes of subsection   ( 3), evidence must be in a form required by the Commissioner.

  (5)   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.

  (6)   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.

  (7)   Subsections   ( 5) and (6) do not limit subsection   ( 4).

  (8)   A requirement under subsection   ( 4), (5) or (6) is not a legislative instrument.