Lantern · Australia
AustraliaCyberbullying law, state by state
A world-first under-16 social media limit, a regulator that can order harmful posts taken down within 24 hours, and a new national anti-bullying framework. Here is what applies in each state and territory, in plain English.
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Profiles of Australia and its states and territories
National rules
Australia (national)
New February 2026: Australia agrees a National Framework for Addressing Bullying in Schools
A national framework, a regulator with takedown powers and the world's first under-16 social media limit.
Compare with anywhere elseProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. All education ministers agreed a National Framework for Addressing Bullying in Australian Schools in February 2026.
Legal detail and sources
Following the Anti-Bullying Rapid Review (recommendations accepted 17 October 2025), the framework sets national expectations: schools should begin responding to a bullying report within two school days, and should embed the framework and publish their anti-bullying policies by Term 1 2027. States and territories still run their own school policies.
- Yes:
Do those rules cover online bullying?
Yes. The national framework and the eSafety scheme both treat online bullying as bullying.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
Every state and territory has banned or restricted phones in public schools since Term 1 2024.
Legal detail and sources
Each state sets its own rule; see the state profiles for details.
- Set nationally:
When is online abuse a crime?
Online abuse can be a federal crime when a reasonable person would find it menacing, harassing or offensive.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences.
- Yes:
What guidance do staff and counselors get?
Yes. eSafety runs a free Toolkit for Schools, and the national framework sets out how to respond.
State
New South Wales
Behaviour policy covers bullying; phones banned in public schools.
Compare with anywhere else Open the full page for New South WalesProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Every NSW public school must follow the department's student behaviour policy, which now includes bullying.
Legal detail and sources
NSW Department of Education Student Behaviour policy (PD-2006-0316). The former bullying policy was merged into it on 30 January 2024. The NSW Anti-Bullying Framework guides schools, and schools are expected to align with the national framework by 2027.
- Yes:
Do those rules cover online bullying?
Yes. The policy rejects bullying online as well as in person.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
Phones are banned in NSW public high schools from Term 4 2023, and in primary schools since 2019.
- Set nationally:
When is online abuse a crime?
Online abuse can be a federal crime when a reasonable person would find it menacing, harassing or offensive.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences.
- Yes:
What guidance do staff and counselors get?
Yes. The NSW Anti-Bullying Framework gives schools a step-by-step response.
State
Victoria
Every school needs a bullying policy; Brodie's Law makes serious bullying a crime.
Compare with anywhere else Open the full page for VictoriaProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Every Victorian government school must have a bullying prevention policy.
Legal detail and sources
Department of Education Bullying Prevention and Response policy (Policy and Advisory Library).
- Yes:
Do those rules cover online bullying?
Yes. The policy covers cyberbullying.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
Phones must be switched off and stored for the whole school day in all government schools since 2020.
- Yes:
When is online abuse a crime?
Victoria's Brodie's Law makes serious bullying, including online, a form of stalking with up to 10 years in prison.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences. Victoria: Crimes Act 1958 s21A (stalking), as amended in 2011 by Brodie's Law, covers bullying behaviour including online conduct.
- Yes:
What guidance do staff and counselors get?
Yes. The department publishes bullying prevention and response guidance for staff.
State
Queensland
Codes of Conduct must address cyberbullying; phones away for the day.
Compare with anywhere else Open the full page for QueenslandProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Every state school must publish a Student Code of Conduct that deals with bullying.
Legal detail and sources
Queensland's 2018 Anti-Cyberbullying Taskforce shaped the current approach.
- Yes:
Do those rules cover online bullying?
Yes. Codes of Conduct must address cyberbullying.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
"Away for the day" since Term 1 2024: phones and smartwatches stay away during class and breaks.
- Set nationally:
When is online abuse a crime?
Online abuse can be a federal crime when a reasonable person would find it menacing, harassing or offensive.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences.
- Yes:
What guidance do staff and counselors get?
Yes. The department provides cyberbullying response guidance for schools.
State
Western Australia
Statewide student behaviour policy; phones off and away all day.
Compare with anywhere else Open the full page for Western AustraliaProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Public schools must follow the Student Behaviour in Public Schools Policy.
Legal detail and sources
Effective 17 July 2023.
- Yes:
Do those rules cover online bullying?
Yes. The policy covers online bullying.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
"Off and away all day" for public school students since 2020.
Legal detail and sources
Phones may be used only for medical or teacher-directed learning purposes; the rule includes before school and break times.
- Set nationally:
When is online abuse a crime?
Online abuse can be a federal crime when a reasonable person would find it menacing, harassing or offensive.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences.
- Yes:
What guidance do staff and counselors get?
Yes. Schools receive behaviour and bullying response procedures.
State
South Australia
Bullying procedure reaches off-site online conduct linked to school.
Compare with anywhere else Open the full page for South AustraliaProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Public schools follow a bullying prevention and response procedure.
Legal detail and sources
The procedure reaches conduct outside school, including online, when it has a reasonable connection to school.
- Yes:
Do those rules cover online bullying?
Yes, including online conduct off site with a link to school.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
"Off and away" since Term 3 2023 in public schools.
- Set nationally:
When is online abuse a crime?
Online abuse can be a federal crime when a reasonable person would find it menacing, harassing or offensive.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences.
- Yes:
What guidance do staff and counselors get?
Yes. The procedure sets out how staff respond.
State
Tasmania
Minimum standards for bullying under one behaviour policy.
Compare with anywhere else Open the full page for TasmaniaProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Government schools follow the Student Behaviour Management Policy, which sets minimum standards for bullying.
Legal detail and sources
Policy issued November 2023.
- Yes:
Do those rules cover online bullying?
Yes. Online bullying is covered.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
Restricted under the Use of Mobile Phones by Students at School Policy.
- Set nationally:
When is online abuse a crime?
Online abuse can be a federal crime when a reasonable person would find it menacing, harassing or offensive.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences.
- Yes:
What guidance do staff and counselors get?
Yes. Minimum standards guide staff responses.
Territory
Australian Capital Territory
Safe and Supportive Schools policy with named contact officers.
Compare with anywhere else Open the full page for Australian Capital TerritoryProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Canberra public schools follow the Safe and Supportive Schools Policy, which requires procedures to address bullying.
Legal detail and sources
Procedure A covers preventing and addressing bullying, harassment and violence, including recording incidents and naming Safe and Supportive Schools Contact Officers. A refreshed policy suite has been out for consultation.
- Yes:
Do those rules cover online bullying?
Yes. The policy covers misuse of digital technology.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
Restricted for Years K to 10 under the Personal Use of Communication Devices policy since Term 1 2024.
- Set nationally:
When is online abuse a crime?
Online abuse can be a federal crime when a reasonable person would find it menacing, harassing or offensive.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences.
- Yes:
What guidance do staff and counselors get?
Yes. Each school names trained Safe and Supportive Schools Contact Officers.
Territory
Northern Territory
Interim guidelines plus the national framework; phones off and away.
Compare with anywhere else Open the full page for Northern TerritoryProtection score
One point for each of the seven questions answered yes, half a point for partly. Where a rule is set nationally, the national answer counts. A quick guide, not a legal rating.
- Yes:
Do schools have to have anti-bullying rules?
Yes. Government schools follow anti-bullying and harmful behaviours guidelines alongside the national framework.
Legal detail and sources
Interim Anti-bullying and harmful behaviours in schools guidelines support schools to apply the national framework.
- Yes:
Do those rules cover online bullying?
Yes. Harmful online behaviour is covered.
- Set nationally:
Is there a regulator that can get harmful posts taken down?
Yes. Australia's eSafety Commissioner can order platforms to remove serious cyberbullying aimed at an Australian child, usually within 24 hours.
Legal detail and sources
Online Safety Act 2021 (Cth), in force 23 January 2022, sets up the Cyberbullying Scheme. A child, parent or school can complain to eSafety once the post has been reported to the platform. eSafety can issue a removal notice to the service and an end-user notice to the person who posted it.
- Set nationally:
Is there a minimum age for social media?
Yes. Since 10 December 2025, major platforms must stop under-16s from holding accounts.
Legal detail and sources
Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). Platforms named by the government include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. The duty falls on platforms, not on children or parents.
- Yes:
What are the rules on phones at school?
"Off and away all day" for Years 7 to 12 since Term 1 2023, with a new policy from 22 January 2026.
- Set nationally:
When is online abuse a crime?
Online abuse can be a federal crime when a reasonable person would find it menacing, harassing or offensive.
Legal detail and sources
Criminal Code Act 1995 (Cth) s474.17, using a carriage service to menace, harass or cause offence. Since 24 January 2022 the maximum penalty is 5 years in prison. Threats to kill or seriously harm (s474.15) carry higher penalties. Each state also has stalking and intimidation offences.
- Partly:
What guidance do staff and counselors get?
Guidelines are interim while the national framework is rolled out.
Compare at a glance
Select a name to open its full profile.
| Jurisdiction | School rules | Online bullying | Takedown help | Age limits | Phones | Criminal law | Staff guidance | Score |
|---|---|---|---|---|---|---|---|---|
| Australia (national) | Yes | Yes | National | National | Yes | National | Yes | 4 of 7 |
| New South Wales | Yes | Yes | National | National | Yes | National | Yes | 5.5 of 7 |
| Victoria | Yes | Yes | National | National | Yes | Yes | Yes | 6 of 7 |
| Queensland | Yes | Yes | National | National | Yes | National | Yes | 5.5 of 7 |
| Western Australia | Yes | Yes | National | National | Yes | National | Yes | 5.5 of 7 |
| South Australia | Yes | Yes | National | National | Yes | National | Yes | 5.5 of 7 |
| Tasmania | Yes | Yes | National | National | Yes | National | Yes | 5.5 of 7 |
| Australian Capital Territory | Yes | Yes | National | National | Yes | National | Yes | 5.5 of 7 |
| Northern Territory | Yes | Yes | National | National | Yes | National | Partly | 5 of 7 |
Clear rule in place Partly, or schools decide Set by national law
Plain-English summaries for educators, checked against official sources on 11 November 2026. This is not legal advice. Open “Legal detail and sources” for the law itself.
Free to reuse for non-commercial purposes with credit, under a Creative Commons CC BY-NC 4.0 licence.