Document ID: chunk:federal_register_of_legislation:C2024C00852:section:30:p1
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 30 (pt 1/2)
Character Range: 56788–59515

30  Complaints about cyber‑bullying material

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