Children’s Online Privacy Code: Issues Paper
Submission Date: 8 August 2025
The Law Council of Australia provided a submission to respond to the Issues Paper published by the Office of the Australian Information Commissioner (OAIC) about the development of a Children’s Online Privacy Code.
The Law Council supports the development and registration of the Code under the Privacy Act 1988 (Cth) to strengthen privacy protections for children online, consistent with Proposal 16.5 of the Privacy Act Review Report.1 The Law Council notes that the Government subsequently agreed to this proposal.2
The Privacy and Other Legislation Amendment Act 2024 (Cth) inserted section 26GC into the Privacy Act, providing that the Information Commissioner must develop and register an Australian Privacy Principles (APP) code about online privacy for children within 24 months of Royal Assent (by 10 December 2026).3
As outlined in the Issues Paper, the aim of the Code is not to prevent children from engaging online, but to ensure that their personal information is protected within that space.4 Once registered, the Code will bind online services that are likely to be accessed by children,5 including social media services, relevant electronic services, and designated internet services, as defined in the Online Safety Act 2021 (Cth).6 These categories comprise a wide range of online services, such as social media, messaging apps, websites, and cloud storage services.7
The Code will set out how one or more of the APPs will be applied, or is to be complied with, in relation to children’s personal information.8 The Code may also include additional requirements, if they are not contrary to, or inconsistent with, the APPs.9
1 Australian Government (Attorney-General’s Department), Privacy Act Review Report 2022 (February 2023) 157.
2 Australian Government, Government Response: Privacy Act Review Report (September 2023) 13, 30.
3 Privacy Act 1988 (Cth) s 26GC(1), (10).
4 Office of the Australian Information Commissioner (‘OAIC’), OAIC Children’s Online Privacy Code Issues Paper (June 2025) 3.
5 Privacy Act 1988 (Cth) s 26GC(5).
6 Online Safety Act 2021 (Cth) ss 13, 13A, 14.
7 Office of the Australian Information Commissioner (‘OAIC’), OAIC Children’s Online Privacy Code Issues Paper (June 2025) 3.
8 Privacy Act 1988 (Cth) ss 26C(2)(a), 26GC(3).
9 Ibid s 26C(3)(a).
Last Updated on 19/08/2025
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