Draft Children’s Online Privacy Code released

Today, the Office of the Australian Information Commissioner (OAIC) has released an exposure draft of the Children’s Online Privacy Code for public consultation.

The draft Code sets out how certain online services must comply with the Privacy Act 1988, ensuring young people’s data is collected, used and disclosed in appropriate ways.

The Code will apply to online services such as apps, games, educational tools, and websites which expose children and young people to the highest privacy risks, as well as those primarily concerned with the activities of children.

A breach of the Code will amount to a breach of the Privacy Act and may carry significant civil penalties.

The Code, which will be in place by 10 December 2026, will complement other initiatives to protect our children online, including the Social Media Minimum Age obligation, which came into effect in December last year.

The OAIC is required to develop this Code under the Privacy and Other Legislation Amendment Act 2024, which formed part of the Government’s first tranche of reforms to Australia’s privacy laws.

Children, young people, parents and carers, industry, civil society, and other interested stakeholders are now invited to provide feedback on the exposure draft. The consultation will run for 60 days, and further information is available on the OAIC’s website.

Quotes attributable to the Attorney-General, Hon Michelle Rowland MP

“The Children’s Online Privacy Code is another important step the Albanese Government is taking to help protect children and young people online.

“The Code is designed to ensure the right guidelines are in place, so that our children’s data is collected, used, and disclosed in appropriate ways.

“Children can be particularly vulnerable to harms in the online environment, which is why additional, targeted safeguards are being developed.

“I encourage children and young people, their parents and carers, and all those interested to engage in consultation on the Code.”