Commonwealth Numbered Acts Commonwealth Numbered ActsComplaint made by an Australian child
(1) If an Australian child has reason to believe that he or she was or is the target of cyber-bullying material that has been, or is being, provided on a particular social media service or relevant electronic 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 a particular social media service or relevant electronic 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 he or she was an Australian child, he or she was the target of cyber-bullying material that was provided on a particular social media service or relevant electronic 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 about material that was provided on a social media service
(4) If:
(a) a complaint made by a person under this section concerns material that has been, or is being, provided on a tier 1 social media service; and
(b) the person wants the Commissioner to give the provider of the service a notice under section 29 requesting 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 under the service's complaints scheme.
(5) If:
(a) a complaint made by a person under this section concerns material that has been, or is being, provided on a tier 2 social media service; and
(b) the person wants the Commissioner to give the provider of the service a social media service 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 under the service's complaints scheme.
Note: A social media service notice is given under section 35.
(6) For the purposes of subsections (4) and (5), evidence must be in a form required by the Commissioner.
(7) If a social media 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.
(8) If a social media 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:
(a) in the form of a screen shot; or
(b) in the form of a statutory declaration; or
(c) in such other form as the Commissioner specifies.
(9) Subsections (7) and (8) do not limit subsection (6).
(10) A requirement under subsection (6), (7) or (8) is not a legislative instrument.