Children’s Online Privacy Code: Issues Paper
22 August 2025
On 8 August 2025, the Law Council lodged a submission with the Office of the Australian Information Commissioner (OAIC) in response to its Issues Paper on the development of a Children’s Online Privacy Code.
The Law Council’s submission was informed by contributions from the Law Society of New South Wales, Queensland Law Society, and the Business Law Section’s Privacy Law Committee.
The submission supported the development and registration of the Code under the Privacy Act 1988 (Cth) to strengthen privacy protections online, consistent with Proposal 16.5 of the Privacy Act Review Report. In addition to providing preliminary comments on the scope and application of the Code, the Law Council made the following overarching points:
- The OAIC should carefully consider the extent to which the Code should reflect and promote privacy rights alongside other rights, such as the best interests of the child.
- The Code should be drafted with the existing legislative landscape in mind, including the next tranche of reforms arising from the Privacy Act Review Report, Australia’s obligations under international law, and the Australian Government’s November 2024 commitment to legislate a digital duty of care.
- In developing the Code, there is an opportunity to encourage harmonisation with relevant international regulatory approaches, enabling businesses to align with, and be supported in complying with, the increasing regulatory responses to these issues.
- The Code must be supported by proactive compliance support. Ongoing education, industry engagement, and transparent enforcement by regulators will be critical to ensure that the Code is effective in protecting children online.
The Law Council intends to participate in future phases of consultation on the Code, noting that the OAIC intends to release a draft version for public consultation in early 2026.
Last Updated on 19/08/2025