State · Australia
New South Wales: cyberbullying law for schools
Bottom line for counselors: Schools must have anti-bullying rules, and those rules cover online bullying. Takedown help is limited, so report harmful posts to the platform first. Some online abuse can be a crime under general laws.
Last verified: checked against official sources on 11 November 2026.
State
New South Wales
Behaviour policy covers bullying; phones banned in public schools.
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. 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.
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