Sponsor speech Supports
Fatima Payman
Senator Fatima Payman supported the bill as its sponsor.
Read in Hansard ↗Online Safety Amendment (Broadening Adult Cyber Abuse Protections)
Current status
This bill is currently before Parliament.
Policy area
Transport & communications
What does this bill do?
The bill would amend the Online Safety Act 2021The Commonwealth law that gives eSafety powers to respond to serious online harms. This bill would amend its adult cyber-abuse provisions. adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. so more online material targeted at Australian adults could be assessed by the eSafety CommissionerAustralia’s independent online safety regulator. Under the adult cyber-abuse scheme, eSafety can investigate complaints and issue notices requiring certain harmful material to be removed. for possible removal notices.
Why was it introduced?
The bill was introduced to implement recommendation 18 of the Statutory Review of the Online Safety Act 2021A formal review of the Online Safety Act. The explanatory memorandum says this bill implements recommendation 18 of that review by lowering the adult cyber-abuse threshold. and to lower the adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme.’s current serious-harm threshold. Senator Payman and the explanatory memorandum say the current threshold leaves too many adults without an effective takedown pathway; the explanatory memorandum cites an eSafetyAustralia’s independent online safety regulator. Under the adult cyber-abuse scheme, eSafety can investigate complaints and issue notices requiring certain harmful material to be removed. statement that only about six per cent of reports to the adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. met the high legislated threshold. The bill tries to pair that lower intent threshold with a higher “seriously offensiveThe bill’s proposed higher offensiveness standard. It would require the decision-maker to consider whether material significantly departs from standards generally accepted by reasonable adults, along with context such as merit, character and consent for private sexual material.” standard, so the scheme can cover more targeted abuse without capturing ordinary offensive speech too broadly.
Broader context
The bill sits inside Australia’s wider online safety framework. The Online Safety Act 2021The Commonwealth law that gives eSafety powers to respond to serious online harms. This bill would amend its adult cyber-abuse provisions. created a national eSafetyAustralia’s independent online safety regulator. Under the adult cyber-abuse scheme, eSafety can investigate complaints and issue notices requiring certain harmful material to be removed. regulator with schemes for child cyberbullying, severe adult online abuse, image-based abuse and harmful online content. The adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. was designed for serious cases, but the 2024 statutory review recommended lowering its threshold. This private senator’s billA bill introduced by a senator who is not introducing it as a government minister. It does not become law unless both houses pass it and it receives Royal Assent. picks up that recommendation for adult cyber-abuse material, while leaving the collected parliamentary record at introduction and second-reading proceedings only.
Key criticism
The collected record does not include later debate from other parties, committee scrutiny, divisions or a detailed public critique of this specific bill. The main caution visible in the official materials is the free-expression issue acknowledged by the statement of compatibility: because the adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. can lead to online material being taken down, lowering its threshold limits freedom of expression. The explanatory memorandum argues that this is balanced by requiring material to be menacing, harassing or seriously offensiveThe bill’s proposed higher offensiveness standard. It would require the decision-maker to consider whether material significantly departs from standards generally accepted by reasonable adults, along with context such as merit, character and consent for private sexual material..
Who supported it?
Senator Fatima Payman introduced this bill. Supportive speeches so far have come from Australia's Voice.
Introduced in Senate 03 Mar 2026
At second reading in Senate 03 Mar 2026
Not yet reached House —
Not yet law —
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
99 days
Updated 10 June 2026.
Meaning
What does this bill do?
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The bill would amend the Online Safety Act 2021The Commonwealth law that gives eSafety powers to respond to serious online harms. This bill would amend its adult cyber-abuse provisions. adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. so more online material targeted at Australian adults could be assessed by the eSafety CommissionerAustralia’s independent online safety regulator. Under the adult cyber-abuse scheme, eSafety can investigate complaints and issue notices requiring certain harmful material to be removed. for possible removal notices.
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It would implement recommendation 18 of the Statutory Review of the Online Safety Act 2021A formal review of the Online Safety Act. The explanatory memorandum says this bill implements recommendation 18 of that review by lowering the adult cyber-abuse threshold. by lowering one part of the adult cyber-abuse threshold: the material would need to be likely intended to have an effect on a particular Australian adult, rather than likely intended to cause serious harmThe current adult cyber-abuse threshold uses a serious-harm concept. The bill would remove the relevant definitions because it would no longer require material to be likely intended to cause serious harm to a targeted adult..
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Because the bill would no longer use the current serious-harm test for adult cyber-abuse material, it would repeal the Online Safety Act definitions of “serious harmThe current adult cyber-abuse threshold uses a serious-harm concept. The bill would remove the relevant definitions because it would no longer require material to be likely intended to cause serious harm to a targeted adult.” and “serious harmThe current adult cyber-abuse threshold uses a serious-harm concept. The bill would remove the relevant definitions because it would no longer require material to be likely intended to cause serious harm to a targeted adult. to a person’s mental health”.
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The other part of the test would be tightened so the material must be menacing, harassing or seriously offensiveThe bill’s proposed higher offensiveness standard. It would require the decision-maker to consider whether material significantly departs from standards generally accepted by reasonable adults, along with context such as merit, character and consent for private sexual material. to an ordinary reasonable person in the position of the targeted adult, rather than merely offensive.
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For deciding whether material is seriously offensiveThe bill’s proposed higher offensiveness standard. It would require the decision-maker to consider whether material significantly departs from standards generally accepted by reasonable adults, along with context such as merit, character and consent for private sexual material., the bill would ask whether it significantly departs from standards of morality, decency and propriety generally accepted by reasonable adults, while still considering literary, artistic, educational, medical, legal or scientific character and consent for private sexual materialMaterial of a private sexual nature. Under the bill’s proposed section 8 test, consent by the person shown in that material would remain a required consideration when deciding whether the material is seriously offensive..
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If enacted, the bill would start the day after Royal AssentThe final formal approval needed after a bill passes Parliament before it can become an Act. This bill would commence the day after Royal Assent if enacted. and would likely apply to material provided on or after commencement, including material that was already online and remains accessible. The collected APH record lists the bill as before the Senate, so this page does not treat the proposal as law.
Show source excerpts
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The bill would implement this recommendation, by amending the relevant provisions of the Online Safety Act 2021, which define the thresholds for material to be considered under the adult cyber abuse scheme. The scheme allows the eSafety Commissioner to issue takedown notices for material that reaches a certain threshold.
Online Safety Amendment (Broadening Adult Cyber Abuse Protections) explanatory memorandum -
The adult cyber abuse scheme should be amended by lowering the threshold. The new threshold should require that an ordinary reasonable person would conclude that ‘it is likely the material was intended to have an effect on a particular Australian adult’.
Online Safety Amendment (Broadening Adult Cyber Abuse Protections) explanatory memorandum -
Repeal the following definitions: (a) definition of serious harm; (b) definition of serious harm to a person’s mental health.
Online Safety Amendment (Broadening Adult Cyber Abuse Protections) introduced bill text -
an ordinary reasonable person in the position of the Australian adult would regard the material as being, in all the circumstances, menacing, harassing or seriously offensive
Online Safety Amendment (Broadening Adult Cyber Abuse Protections) introduced bill text -
whether the material represents a significant departure from the standards of morality, decency and propriety generally accepted by reasonable adults; and ... the literary, artistic or educational merit ... the general character of the material ... private sexual material ... consent
Online Safety Amendment (Broadening Adult Cyber Abuse Protections) introduced bill text -
The whole of the bill is to commence the day after the Royal Assent is given to it. As drafted, the changes made by this bill would likely apply to material which is provided ... on or after the commencement of the bill, regardless of whether the material began being provided before or after commencement.
Online Safety Amendment (Broadening Adult Cyber Abuse Protections) explanatory memorandum
Context
Broader context for this bill
The bill sits inside Australia’s wider online safety framework. The Online Safety Act 2021The Commonwealth law that gives eSafety powers to respond to serious online harms. This bill would amend its adult cyber-abuse provisions. created a national eSafetyAustralia’s independent online safety regulator. Under the adult cyber-abuse scheme, eSafety can investigate complaints and issue notices requiring certain harmful material to be removed. regulator with schemes for child cyberbullying, severe adult online abuse, image-based abuse and harmful online content. The adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. was designed for serious cases, but the 2024 statutory review recommended lowering its threshold. This private senator’s billA bill introduced by a senator who is not introducing it as a government minister. It does not become law unless both houses pass it and it receives Royal Assent. picks up that recommendation for adult cyber-abuse material, while leaving the collected parliamentary record at introduction and second-reading proceedings only.
- 23 Jan 2022
Online Safety Act starts operating
The Online Safety Act 2021The Commonwealth law that gives eSafety powers to respond to serious online harms. This bill would amend its adult cyber-abuse provisions. commenced, giving eSafetyAustralia’s independent online safety regulator. Under the adult cyber-abuse scheme, eSafety can investigate complaints and issue notices requiring certain harmful material to be removed. updated powers and introducing measures to protect Australian adults from serious online abuse, alongside child cyberbullying, image-based abuse and online content schemes.
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts ↗ - Apr 2024
Online Safety Act review consults on scheme limits
The statutory review issues paper considered the operation of complaint and removal schemes and identified emerging or insufficiently addressed online harms, including pile-on attacks, technology-facilitated abuse and online abuse of public figures.
Statutory Review of the Online Safety Act 2021 issues paper ↗ - Oct 2024
Review recommends a lower adult cyber-abuse threshold
The explanatory memorandum says the statutory review was provided to the government in October 2024 and recommended that the adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. be amended so the test focused on material likely intended to have an effect on a particular Australian adult and material that is menacing, harassing or seriously offensiveThe bill’s proposed higher offensiveness standard. It would require the decision-maker to consider whether material significantly departs from standards generally accepted by reasonable adults, along with context such as merit, character and consent for private sexual material..
Explanatory memorandum ↗ - 03 Feb 2025
Public reporting describes a broader online safety overhaul
A collected Australian Financial Review report said the review led by Delia Rickard made 67 recommendations to toughen online safety laws, including stronger penalties for platforms that fail to protect Australian users.
Australian Financial Review ↗ - Sep 2025
Explanatory material points to low report eligibility
The explanatory memorandum cites an eSafetyAustralia’s independent online safety regulator. Under the adult cyber-abuse scheme, eSafety can investigate complaints and issue notices requiring certain harmful material to be removed. spokesman saying only about six per cent of reports to the adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. met the high legislated threshold, using that as evidence for lowering the threshold.
Explanatory memorandum ↗ - 03 Mar 2026
Adult cyber-abuse threshold bill introduced
Senator Fatima Payman introduced the private senator’s billA bill introduced by a senator who is not introducing it as a government minister. It does not become law unless both houses pass it and it receives Royal Assent. in the Senate and moved the second reading. The collected APH record lists no later passage or Act metadata.
Parliament of Australia ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 03 Mar 2026
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 03 Mar 2026
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Key criticism
The main case against this bill
The collected record does not include later debate from other parties, committee scrutiny, divisions or a detailed public critique of this specific bill. The main caution visible in the official materials is the free-expression issue acknowledged by the statement of compatibility: because the adult cyber-abuse schemeThe Online Safety Act pathway for complaints about severe online abuse directed at an Australian adult. The bill would change the threshold for material to qualify under this scheme. can lead to online material being taken down, lowering its threshold limits freedom of expression. The explanatory memorandum argues that this is balanced by requiring material to be menacing, harassing or seriously offensiveThe bill’s proposed higher offensiveness standard. It would require the decision-maker to consider whether material significantly departs from standards generally accepted by reasonable adults, along with context such as merit, character and consent for private sexual material..
This page does not infer current parliamentary support or opposition beyond the collected sources. It treats the human-rights statement as the sponsor’s assessment, not as an independent finding.
Further sources
Votes
Recorded votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
All speeches by bloc
Minor parties and independents
1 speaker · 1 support
Minor parties and independents
1 speaker · 1 support
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Fatima Payman ★ Senator Fatima Payman supported the bill as its sponsor.
“It amends that Act to lower the threshold for material to be considered by eSafety under the adult cyber abuse scheme and empower eSafety to take action against abusive conduct online. This comes from recommendation 18 of the statutory review of the Online Safety Act”
Read the full speech in Hansard ↗
Record
Full record
- Status
- Before Senate -- Collected from the APH bill page.
- Originating house
- Senate
- Bill type
- Private senator's bill
- Sponsor
- Senator Fatima Payman
- 03 Mar 2026
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 03 Mar 2026
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.