Footnotes

Chapter 1 - Introduction

[1] Proof Journals of the Senate, No. 59, 7 September 2017, p. 1896.

[2] Proof Journals of the Senate, No. 67, 19 October 2017, p. 2140.

[3] The committee's website can be found at www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs.

[4] Proof Journals of the Senate, No. 59, 7 September 2017, p. 1896.

[5] Skye Kakoschke‑Moore, 'Skye Kakoschke-Moore: Cyberbullying won’t be solved quickly', The Advertiser, 2 October 2017, http://www.adelaidenow.com.au/news/opinion/skye-kakoschkemoore-cyberbullying-wont-be-solved-quickly/news-story/2234ab1b5af0257dfb2ea39750513c3f (accessed 13 December 2017).

[6] See, for a recent example, Genevieve Gannon, 'Sticks and stones and mobile phones' The Australian Women's Weekly, March 2018, pp. 40–44.

[7] Council of Australian Governments, COAG meeting Communiqué, 9 February 2018, http://www.coag.gov.au/meeting-outcomes/coag-meeting-communiqu%C3%A9-9-february-2018 (accessed 26 February 2018).

[8] The Hon. Annastacia Palaszczuk, Premier and Minister for Trade, 'Membership and terms of reference for Queensland Anti-Cyberbullying Task Force', Media Statements, 19 February 2018, http://statements.qld.gov.au/Statement/2018/2/19/membership-and-terms-of-reference-for-queensland-anticyberbullying-task-force (accessed 21 March 2018).

[9] Senator the Hon. Simon Birmingham, Minister for Education and Training, in Lanai Scarr, 'Cyber-bullying epidemic: Australia falls behind in efforts to protect vulnerable kids', Sunday Tasmanian, 25 February 2018, p. 19.

[10] Australian Government Department of Education and Training, answers to questions on notice, 7 March 2018 (received 16 March 2018), Attachment A.

[11] Explanatory Memorandum, Enhancing Online Safety for Children Bill 2014 and Enhancing Online Safety for Children (Consequential Amendments) Bill 2014, pp. 1–2.

[12] Enhancing Online Safety for Children Amendment Bill 2017.

[13] Explanatory Memorandum, Enhancing Online Safety for Children Amendment Bill 2017, p. 2.

[14] Explanatory Memorandum, Enhancing Online Safety for Children Bill 2014 and Enhancing Online Safety for Children (Consequential Amendments) Bill 2014, p. 2; Office of the eSafety Commissioner (eSafety Office), Submission 13, p.4.

[15] Ms Julie Inman Grant, eSafety Commissioner, eSafety Office, Committee Hansard, 9 February 2018, p. 61.

[16] Explanatory Memorandum, Enhancing Online Safety for Children Amendment Bill 2017, p. 9.

[17] eSafety Office, Submission 13, p. 2.

[18] eSafety Office, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 2.

[19] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 64.

[20] Ms Inman Grant, eSafety Commissioner, and Mr Toby Dagg, Acting Manager, Compliance Tools and Citizen Services, eSafety Office, Committee Hansard, 9 February 2018, p. 73.

[21] eSafety Office, Submission 13, p. 4.

[22] eSafety Office, Submission 13, p. 5.

[23] eSafety Office, Submission 13, p. 4; Mr Dagg, eSafety Office, Committee Hansard, 9 February 2018, p. 63.

[24] eSafety Office, Submission 13, p. 5.

[25] eSafety Office, Submission 13, p. 5.

[26] Mr Dagg, eSafety Office, Committee Hansard, 9 February 2018, p. 63.

[27] eSafety Office, Submission 13, p. 5; Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 62.

[28] Ms Maria Vassiliadis, Executive Manager, eSafety Office, Committee Hansard, 9 February 2018, p. 63.

[29] eSafety Office, Submission 13, p. 6.

[30] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 61.

[31] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 61.

[32] Ms Inman Grant, eSafety Commissioner, and Mr Dagg, eSafety Office, Committee Hansard, 9 February 2018, p. 64.

[33] eSafety Office, Submission 13, p.6.

[34] eSafety Office, Submission 13, p.6.

[35] eSafety Office, Submission 13, p.7.

[36] Australian Cybercrime Online Reporting Network (ACORN), 'About the ACORN', https://www.acorn.gov.au/about-acorn (accessed 19 March 2018).

[37] Attorney‑General's Department, 'Cybercrime', https://www.ag.gov.au/CrimeAndCorruption/Cybercrime/Pages/default.aspx (accessed 19 March 2018).

[38] ACORN, 'Learn about cybercrime', https://www.acorn.gov.au/learn-about-cybercrime (accessed 19 March 2018).

[39] See, for example, eSafety Commissioner, answers to questions on notice, 9 February 2018 (received 7 March 2018).

[40] For listings of specific legislative provisions, see Australian Universities' Anti-bullying Research Alliance, Submission 1, pp. 5–6; Law Council of Australia, Submission 15, p. 11.

[41] Mental Health Commissions of Australia, Submission 9, pp. 4–5.

[42] Mental Health Commissions of Australia, Submission 9, p. 5.

[43] South Australian Government, Submission 21, pp. 2–5.

[44] Mental Health Commissions of Australia, Submission 9, p. 3.

[45] Victoria State Government Justice and Regulation, Bullying – Brodie's Law, http://www.justice.vic.gov.au/home/safer+communities/crime+prevention/bullying+-+brodies+law (accessed 20 December 2017).

[46] See, for example, Instagram, Submission 3, p. 3; Facebook, Submission 4, p. 4; Western Australia Police Force, Submission 11, p. 2; Australian Women Against Violence Alliance, Submission 14, p. 2; South Australian Government, Submission 21, p. 8;

[47] Communique, Law, Crime and Community Safety Council, 19 May 2017, https://www.ag.gov.au/About/CommitteesandCouncils/Law-Crime-and-Community-Safety-Council/Documents/19-May-LCCSC-Communique.pdf (accessed 5 February 2018).

[48] National statement of principles relating to the criminalisation of the non‑consensual sharing of intimate images, Law, Crime and Community Safety Council, https://www.ag.gov.au/CrimeAndCorruption/Cybercrime/Documents/National-statement-of-principles-criminalisation-non-consensual-sharing-intimate-images.PDF (accessed 5 February 2018).

[49] Terry Goldsworthy, 'Revenge porn laws may not be capturing the right people', The Conversation, 29 September 2017, https://theconversation.com/revenge-porn-laws-may-not-be-capturing-the-right-people-84061 (accessed 13 March 2018).

[50] Proof Journals of the Senate, No. 86, 14 February 2018, p. 2714.

[51] See, for example, National Council of Single Mothers & their Children, Submission 7, p. 2; Alannah & Madeline Foundation, Submission 10, p. 6; Media, Entertainment & Arts Alliance, Submission 28, p. 7; Maurice Blackburn Lawyers, Submission 29, p. 5

[52] New Zealand Ministry of Justice, 'Key parts of the Act', 2 October 2017, https://www.justice.govt.nz/justice-sector-policy/key-initiatives/harmful-digital-communications/key-parts-of-the-act/ (accessed 19 March 2018).

[53] Harmful Digital Communications Act 2015 (New Zealand), subsection 22(1).

[54] New Zealand Ministry of Justice, 'Key parts of the Act', 2 October 2017, https://www.justice.govt.nz/justice-sector-policy/key-initiatives/harmful-digital-communications/key-parts-of-the-act/ (accessed 19 March 2018).

[55] The Hon. Paul Fletcher MP, Parliamentary Secretary to the Minister for Communications, House of Representatives Hansard, 3 December 2014, p. 14039.

[56] 'Germany starts enforcing hate speech law', BBC News, 1 January 2018, http://www.bbc.com/news/technology-42510868 (accessed 19 March 2018).

[57] Network Enforcement Act (English translation), subsection 1(1), https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/NetzDG_engl.pdf?__blob=publicationFile&v=2 (accessed 19 March 2018).

[58] Network Enforcement Act (English translation), subsection 3(2), https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/NetzDG_engl.pdf?__blob=publicationFile&v=2 (accessed 19 March 2018).

[59] Network Enforcement Act (English translation), subsection 1(3), https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/NetzDG_engl.pdf?__blob=publicationFile&v=2 (accessed 19 March 2018).

[60] Network Enforcement Act (English translation), subsections 2(1) and (2), https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/NetzDG_engl.pdf?__blob=publicationFile&v=2 (accessed 19 March 2018).

[61] Network Enforcement Act (English translation), subsection 1(1), https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/NetzDG_engl.pdf?__blob=publicationFile&v=2 (accessed 19 March 2018).

[62] Network Enforcement Act (English translation), section 5, https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/NetzDG_engl.pdf?__blob=publicationFile&v=2 (accessed 19 March 2018).

[63] Ben Knight, 'Germany implements new internet hate speech crackdown', Deutsche Welle, 1 January 2018, http://www.dw.com/en/germany-implements-new-internet-hate-speech-crackdown/a-41991590 (accessed 19 March 2018); Philip Oltermann, 'Tough new German law puts tech firms and free speech in spotlight', The Guardian, 5 January 2018, https://www.theguardian.com/world/2018/jan/05/tough-new-german-law-puts-tech-firms-and-free-speech-in-spotlight (accessed 19 March 2018).

[64] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 71.

[65] Communications Decency Act 1996 (USA), Subsection 230(c)(1), in eSafety Office, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 3.

Chapter 2 - What is cyberbullying?

[1] See, for example, Australian Universities Anti-bullying Research Alliance (AUARA), Submission 1, p. 6; Office of the eSafety Commissioner (eSafety Office), Submission 13, p. 1; Tasmanian Government, Submission 19, p. 2;

[2] Professor Marilyn Campbell, Founding Member, AUARA, Committee Hansard, 9 February 2018, p. 1.

[3] Tasmanian Government, Submission 19, p. 2.

[4] Tasmanian Government, Submission 19, p. 2.

[5] eSafety Office, answers to questions on notice, 9 February 2018 (received 7 March 2018); also see, for example, yourtown, Submission 6, p. 4; Tasmanian Government, Submission 19, p. 2.

[6] eSafety Office, Submission 13, p. 2.

[7] Ms Julie Inman Grant, eSafety Commissioner, in Jake Evans, 'Fake Instagram accounts being used by kids to "destroy reputations", eSafety Commissioner says', ABC News, 16 March 2018, http://www.abc.net.au/news/2018-03-16/children-using-fake-instagram-accounts-to-bully-others/9553548 (accessed 16 March 2018).

[8] Ms Laura Clarke, Advocacy and Policy Lead, yourtown, Committee Hansard, 9 February 2018, pp. 20–21.

[9] yourtown, Submission 6, p. 5.

[10] Queensland Family and Child Commission, Submission 8, p. 2.

[11] Mr Jeremy Blackman, Senior Advisor, Cybersafety, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 23.

[12] Professor Campbell, AUARA, Committee Hansard, 9 February 2018, p. 4.

[13] Professor Campbell, AUARA, Committee Hansard, 9 February 2018, p. 6.

[14] Queensland Family and Child Commission, Submission 8, pp. 2–3.

[15] See, for example, Queensland Family and Child Commission, Submission 8, p. 2; Mental Health Commissions of Australia, Submission 9, p. 2

[16] Attorney-General's Department, Submission 20, p. 4.

[17] eSafety Office, Submission 13, p. 3; also see, for example, Queensland Family and Child Commission, Submission 8, p. 2; Mental Health Commissions of Australia, Submission 9, p. 2; Professor Campbell, AUARA, Committee Hansard, 9 February 2018, p. 4.

[18] Mr John Dalgleish, Head of Strategy and Research, yourtown, Committee Hansard, 9 February 2018, p. 26.

[19] Australian Human Rights Commission, Submission 16, p. 2.

[20] Mr Dalgleish, yourtown, Committee Hansard, 9 February 2018, p. 22.

[21] Ms Lesley Podesta, Chief Executive Officer, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 22.

[22] Dr Kerrie Buhagiar, Director of Service Delivery, ReachOut Australia, Committee Hansard, 7 March 2018, p. 30.

[23] Mr Blackman, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 23.

[24] Ms Clarke, yourtown, Committee Hansard, 9 February 2018, p. 21.

[25] yourtown, answers to questions on notice, 9 February 2018 (received 16 February 2018), p. 3.

[26] yourtown, answers to questions on notice, 9 February 2018 (received 16 February 2018),
pp. 3–4.

[27] yourtown, answers to questions on notice, 9 February 2018 (received 16 February 2018), p. 2.

[28] eSafety Office, Submission 13, p. 2.

[29] Alannah & Madeline Foundation, Submission 10, p. 5.

[30] yourtown, Submission 6, pp. 6–8; also see, for example, Law Council of Australia, Submission 15, p. 7.

[31] Ms Inman Grant, eSafety Commissioner, in Jake Evans, 'Fake Instagram accounts being used by kids to "destroy reputations", eSafety Commissioner says', ABC News, 16 March 2018, http://www.abc.net.au/news/2018-03-16/children-using-fake-instagram-accounts-to-bully-others/9553548 (accessed 16 March 2018).

[32] Professor Campbell, AUARA, Committee Hansard, 9 February 2018, p. 6.

[33] Ms Julie Inman Grant, eSafety Commissioner, Office of the eSafety Commissioner, Committee Hansard, 9 February 2018, pp. 67–68.

[34] Tasmanian Government, Submission 19, p. 2.

[35] yourtown, Submission 6, p. 4.

[36] yourtown, Submission 6, p. 4.

[37] yourtown, Submission 6, p. 4.

[38] Australian Government Department of Education and Training, Submission 2, p. 4.

[39] Tasmanian Government, Submission 19, p. 2.

[40] Ms Clarke, yourtown, Committee Hansard, 9 February 2018, p. 21.

[41] yourtown, answers to questions on notice, 9 February 2018 (received 16 February 2018), p. 4.

[42] eSafety Office, Submission 13, p. 1.

[43] Ms Vanessa D'Souza, Acting Director, Policy, Analysis and Reporting, National Mental Health Commission, Committee Hansard, 9 February 2018, p. 53.

[44] Ms Megan Mitchell, National Children's Commissioner, Australian Human Rights Commission, Committee Hansard, 9 February 2018, p. 54.

[45] Dr Buhagiar, ReachOut Australia, Committee Hansard, 7 March 2018, p. 35.

[46] Dr Buhagiar, ReachOut Australia, Committee Hansard, 7 March 2018, p. 35.

[47] Professor Campbell, AUARA, Committee Hansard, 9 February 2018, p. 5.

[48] Ms Clarke, yourtown, Committee Hansard, 9 February 2018, p. 21.

[49] Media, Entertainment & Arts Alliance (MEAA), Submission 28, p. 6.

[50] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 64.

[51] Ms Ginger Gorman, Committee Member, Women in Media, Committee Hansard, 9 February 2018, p. 34.

[52] Ms Van (Vanessa) Badham, Media Section Vice President, MEAA, Committee Hansard, 7 March 2018, p. 12; also see Women in Media, Submission 26, pp. 8–11.

[53] Ms Badham, MEAA, Committee Hansard, 7 March 2018, p. 13.

[54] Women in Media, Submission 26, p. 5; MEAA, Submission 28, p. 3; Maurice Blackburn Lawyers, Submission 29, p. 2.

[55] Maurice Blackburn Lawyers, Submission 29, p. 2; also see, Ms Badham, MEAA, Committee Hansard, 7 March 2018, pp. 13–15.

[56] MEAA, Submission 28, p. 5.

[57] MEAA, Submission 28, p. 8.

[58] Ms Jenna Price, Committee Member, Women in Media, Committee Hansard, 9 February 2018, p. 29.

[59] Ms Badham, MEAA, Committee Hansard, 7 March 2018, p. 16; also see Women in Media, Submission 26, p. 5.

[60] Ms Price, Women in Media, Committee Hansard, 9 February 2018, p. 29–30.

[61] Ms Badham, MEAA, Committee Hansard, 7 March 2018, p. 12.

[62] Women in Media, Submission 26, pp. 7–8.

[63] Victorian Women Lawyers, Submission 5, p. 3.

[64] National Council of Single Mothers & their Children, Submission 7, p. 1.

[65] Dr Merrindahl Andrew, Program Manager at the Australian Women Against Violence Alliance, Committee Hansard, 9 February 2018, p. 32.

[66] Ms Gorman, Women in Media, Proof Committee Hansard, 9 February 2018, p. 34.

[67] Mr Andrew Jakubowicz, Submission 30, pp. 1–3.

[68] Australian Women Against Violence Alliance, Submission 14, p. 2.

[69] See, for example, yourtown, Submission 6, p. 4; MEAA, Submission 28, p. 7; Professor Campbell, AUARA, Committee Hansard, 9 February 2018, p. 1; Ms Mitchell, National Children's Commissioner, Australian Human Rights Commission, Committee Hansard, 9 February 2018, p. 53.

[70] Law Council of Australia, Submission 15, p. 7.

[71] Law Council of Australia, Submission 15, p. 5.

[72] Mr Blackman, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 23.

[73] Ms Podesta, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 26.

[74] Mr Dalgleish, yourtown, Committee Hansard, 9 February 2018, p. 24; also see Alannah & Madeline Foundation, Submission 10, p. 6.

[75] Mr Dalgleish, yourtown, Committee Hansard, 9 February 2018, p. 26.

[76] Ms Gorman, Women in Media, Committee Hansard, 9 February 2018, p. 31.

[77] Alannah & Madeline Foundation, Submission 10, pp. 2–3; Maurice Blackburn Lawyers, Submission 29, p. 2.

[78] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 62.

[79] eSafety Office, Submission 13, p. 4.

[80] Joint Select Committee on Cyber-Safety, High-Wire Act: Cyber-Safety and the Young, June 2011, p. xxvi.

[81] Australian Government, Government Statement of Response: Joint Select Committee on Cyber-Safety Interim Report – High‑Wire Act: Cyber‑safety and the Young, December 2011, pp. 5–6.

[82] Australian Government, Government Statement of Response: Joint Select Committee on Cyber-Safety Interim Report – High‑Wire Act: Cyber‑safety and the Young, December 2011, p. 6.

Chapter 3 - Criminal offences for cyberbullying

[1] Mental Health Commissions of Australia, Submission 9, p. 5.

[2] See, for example, Australian Universities' Anti-bullying Alliance (AUARA), Submission 1, p. 5; Office of the eSafety Commissioner (eSafety Office), Submission 13, p. 12; Ms Laura Clarke, Advocacy and Policy Lead, yourtown, Committee Hansard, 9 February 2018, p. 21; Ms Megan Mitchell, National Children's Commissioner, Australian Human Rights Commission (AHRC), Committee Hansard, 9 February 2018, p. 55.

[3] See, for example, yourtown, Submission 6, p. 2; Ms Lesley Podesta, Chief Executive Officer, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 28; Dr Merrindahl Andrew, Program Manager, Australian Women Against Violence Alliance (AWAVA), Committee Hansard, 9 February 2018, p. 32; Mrs Liza Davis, Director of Strategic Communications and Government Relations, ReachOut Australia, Committee Hansard, 7 March 2018, p. 31.

[4] eSafety Office, Submission 13, p. 2.

[5] Tasmanian Government, Submission 19, p. 2 and p. 7.

[6] See, for example, Facebook, Submission 4, p. 8; yourtown, Submission 6, p. 11; Ms Vanessa D'Souza, Acting Director, Policy, Analysis and Reporting, National Mental Health Commission, Committee Hansard, 9 February 2018, p. 54; Ms Mitchell, National Children's Commissioner, AHRC, Committee Hansard, 9 February 2018, pp. 54–55; Ms Julie Inman Grant, eSafety Commissioner, Office of the eSafety Commissioner, Committee Hansard, 9 February 2018, p. 62; Ms Anna Harmer, First Assistant Secretary, Security and Criminal Law Division, Attorney-General’s Department, Committee Hansard, 7 March 2018, p. 49.

[7] Professor Phillip Slee, Member, AUARA, Committee Hansard, 9 February 2018, p. 3.

[8] Law Council of Australia (Law Council), Submission 15, p. 14.

[9] AHRC, Submission 16, p. 1; also see Alannah & Madeline Foundation, Submission 10, p. 6.

[10] yourtown, Submission 6, p. 12.

[11] yourtown, Submission 6, p. 11; also see Ms Mitchell, National Children's Commissioner, AHRC, Committee Hansard, 9 February 2018, pp. 54–55.

[12] Ms Podesta, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 24.

[13] Alannah & Madeline Foundation, Submission 10, p. 6; also see, for example, Professor Marilyn Campbell, Founding Member, AUARA, Committee Hansard, 9 February 2018, p. 5; Mr John Dalgleish, Head of Strategy and Research, yourtown, Committee Hansard, 9 February 2018, p. 24.

[14] Attorney-General's Department, Submission 20, p. 5.

[15] Law Council, Submission 15, p. 11.

[16] Attorney-General's Department, Submission 20, p. 5.

[17] Attorney-General's Department, Submission 20, p. 5.

[18] Attorney-General's Department, Submission 20, p. 6.

[19] Attorney-General's Department, Submission 20, p. 6; also see Victorian Women Lawyers, Submission 5, p. 4;Western Australia Police Force, Submission 11, p. 3.

[20] Law Council, answers to questions on notice, 9 February 2018 (received 5 March 2018),
pp. 2–3.

[21] Attorney-General's Department, Submission 20, p. 7.

[22] Ms Harmer, Attorney‑General's Department, Committee Hansard, 7 March 2018, pp. 48–49.

[23] Media, Entertainment & Arts Alliance (MEAA), Submission 28, p. 7 and p. 8.

[24] Victorian Women Lawyers, Submission 5, p. 3.

[25] Victorian Women Lawyers, Submission 5, p. 4.

[26] Women in Media, Submission 26, p. 12; also see UNSW Law Society Inc., Submission 32, p. 11.

[27] Women in Media, Submission 26, p. 12.

[28] Carly Ryan Foundation, Submission 23, p. 3.

[29] Maurice Blackburn Lawyers, Submission 29, p. 3.

[30] Carly Ryan Foundation, answers to questions on notice, 7 March 2018 (received 14 March 2018).

[31] Carly Ryan Foundation, Submission 23, p. 2; The Hon. Shelley Hancock MP, Speaker of the NSW Legislative Assembly, Submission 33, p. 4; Ms Van (Vanessa) Badham, Media Section Vice President, Victorian Branch, MEAA, Committee Hansard, 7 March 2018, pp. 16–17.

[32] Law Council, Submission 15, p. 5; AUARA, Submission 1, p. 3.

[33] Law Council, Submission 15, p. 11; AUARA, Submission 1, p. 3.

[34] AUARA, Submission 1, p. 4.

[35] AUARA, Submission 1, p. 6.

[36] Ms Harmer, Attorney‑General’s Department, Committee Hansard, 7 March 2018, p. 49.

[37] Ms Harmer, Attorney‑General’s Department, Committee Hansard, 7 March 2018, p. 48.

[38] Detective Chief Inspector Carlene Mahoney, Strategic Coordinator, Youth and Crime Prevention Command, New South Wales Police Force, Committee Hansard, 7 March 2018, p. 37.

[39] Western Australia Police Force, Submission 11, p. 3.

[40] Digital Industry Group Incorporated, Submission 17, p. 9.

[41] Professor Campbell, AUARA, Committee Hansard, 9 February 2018, p.1.

[42] Ms Clarke, yourtown, Committee Hansard, 9 February 2018, p. 21; also see Victorian Women Lawyers, Submission 5, p. 3; AWAVA, Submission 14, p. 2.

[43] Law Council, Submission 15, p. 9.

[44] Law Council, Submission 15, p. 9.

[45] AWAVA, Submission 14, p. 2.

[46] AWAVA, Submission 14, p. 3; also see Mr Andrew Jakubowicz, Submission 30, p. 3.

[47] Queensland Mental Health Commission, answers to questions taken on notice by the National Mental Health Commission, 9 February 2018 (received 6 March 2018).

[48] Mental Health Commissions of Australia, Submission 9, p. 6.

[49] Victorian Women Lawyers, Submission 5, p. 3–4.

[50] Mss Alex Dworjanyn, Law Reform Committee Co-Chair, Victorian Women Lawyers, Committee Hansard, 9 February 2018, p. 14; also see South Australian Government, Submission 21, pp. 2–5.

[51] Northern Territory Police Force, Submission 22, p. 2.

[52] Tasmanian Government, Submission 19, p. 4.

[53] eSafety Office, Submission 13, p. 3.

[54] Attorney‑General's Department, Submission 20, pp. 10–11.

[55] Law Council, Submission 15, pp. 11–12.

[56] Law Council, Submission 15, pp. 11–12.

[57] Law Council, Submission 15, p. 5.

[58] Mr Arthur Moses SC, President‑elect, Law Council, Committee Hansard, 9 February 2018, p. 8.

[59] Digital Industry Group Incorporated, Submission 17.1, p. 1.

[60] Facebook, Submission 4, pp. 8–9.

[61] See, for example, AWAVA, Submission 14, pp. 3–4; Digital Industry Group Incorporated, Submission 17.1, p. 1; UNSW Law Society Inc., Submission 32, p. 16; Miss Hayley Chester, Law Reform Committee Co‑Chair, Victorian Women Lawyers, Committee Hansard, 9 February 2018, p. 14; Mr Adam Portelli, Director, Victorian Branch, MEAA, Committee Hansard, 7 March 2018, p. 10.

[62] Law Council, Submission 15, p. 18.

[63] MEAA, Submission 28, pp. 4–5.

[64] Ms Ginger Gorman, Committee Member, Women in Media, Committee Hansard, 9 February 2018, p. 35.

[65] National Council of Single Mothers and their Children, Submission 7, pp. 2–3; Ms Terese Edwards, Chief Executive Officer, National Council of Single Mothers and their Children, Committee Hansard, 7 March 2018, pp. 26–27.

[66] Ms Jenna Oakley, Member, National Council of Single Mothers and their Children, Committee Hansard, 7 March 2018, pp. 23–24; It appears that this may not accord with the Attorney‑General's Department's statement that state police forces can access IP addresses for criminal matters (see paragraph 3.64).

[67] Detective Chief Inspector Carlene Mahoney, Strategic Coordinator, Youth and Crime Prevention Command, New South Wales Police Force, Committee Hansard, 7 March 2018, p. 39 and p. 42.

[68] yourtown, Submission 6, p. 11.

[69] Australian Federal Police, Submission 18, p. 2.

[70] Acting Commander Joanne Lee Cameron, Acting Manager Victim Based Crime, Australian Federal Police, Committee Hansard, 7 March 2018, p. 54.

[71] Northern Territory Police Force, Submission 22, p. 3.

[72] Tasmanian Government, Submission 19, p. 4.

[73] Detective Chief Inspector Mahoney, New South Wales Police Force, Committee Hansard, 7 March 2018, pp. 37–38.

[74] Western Australia Police Force, Submission 11, p. 2.

[75] See, for example, AHRC, Submission 16, p. 3; MEAA, Submission 20, p. 5 and p. 8.

[76] Miss Chester, Victorian Women Lawyers, Committee Hansard, 9 February 2018, p. 15.

[77] Ms Mitchell, National Children's Commissioner, AHRC, Committee Hansard, 9 February 2018, p. 55; also see, for example, Ms Sonya Ryan, Chief Executive Officer and Founder, Carly Ryan Foundation, Committee Hansard, 7 March 2018, p. 21.

[78] AHRC, Submission 16, p. 3.

[79] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 64.

[80] Maurice Blackburn Lawyers, Submission 29, p. 3.

[81] AUARA, Submission 1, pp. 2–3.

[82] Ms Harmer, Attorney‑General’s Department, Committee Hansard, 7 March 2018, p. 48; also see, for example, Tasmanian Government, Submission 19, p. 4.

[83] Victorian Women Lawyers, Submission 5, pp. 4–5.

[84] Mental Health Commissions of Australia, Submission 9, pp. 2–3.

[85] Law Council, Submission 15, p. 13; Attorney‑General's Department, Submission 21, p. 8.

[86] Law Council, Submission 15, p. 13.

[87] Law Council, Submission 15, p. 14.

[88] Ms Podesta, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 24.

[89] Northern Territory Police Force, Submission 22, p. 2.

[90] Northern Territory Police Force, Submission 22, p. 2.

[91] Ms Harmer, Attorney‑General’s Department, Committee Hansard, 7 March 2018, p. 52.

Chapter 4 - Social media platforms and other preventative measures

[1] See, for example, Law Council of Australia (Law Council), Submission 15, pp. 16–18; Media, Entertainment & Arts Alliance (MEAA), Submission 28, pp. 5–6; Professor Marilyn Campbell, Founding Member, Australian Universities' Anti-bullying Research Alliance (AUARA), Committee Hansard, 9 February 2018, p. 1; Mrs Liza Davis, Director of Strategic Communications and Government Relations, ReachOut Australia, Committee Hansard, 7 March 2018, p. 29.

[2] See, for example, Northern Territory Police Force, Submission 22, p. 2; Women in Media, Submission 26, p. 13; Miss Hayley Chester, Law Reform Committee Co-Chair, Victorian Women Lawyers, Committee Hansard, 9 February 2018, p. 18; Mr Josh Bornstein, Principal, Maurice Blackburn Lawyers, Committee Hansard, 7 March 2018, p. 2; Ms Terese Edwards, Chief Executive Officer, National Council of Single Mothers and their Children, Committee Hansard, 7 March 2018, p. 27.

[3] Ms Jenna Price, Committee Member, Women in Media, Proof Committee Hansard, 9 February 2018, p. 35.

[4] Instagram, Submission 3, p. 2; Facebook, Submission 4, p. 2; Digital Industry Group Incorporated (DIGI), Submission 17, p. 2.

[5] DIGI, Submission 17, p. 2.

[6] Law Council, Submission 15, pp. 16–17.

[7] Facebook, Submission 4, p. 2; also see Instagram, Submission 2, p. 1.

[8] Ms Nicole Buskiewicz, Managing Director, DIGI, Committee Hansard, 9 February 2018, p. 46.

[9] Ms Julie de Bailliencourt, Head of Global Safety Outreach, Facebook, Committee Hansard, 9 February 2018, p. 43.

[10] Ms de Bailliencourt, Facebook, Committee Hansard, 9 February 2018, p. 43.

[11] Ms Julie Inman Grant, eSafety Commissioner, Office of the eSafety Commissioner, Committee Hansard, 9 February 2018, p. 61.

[12] Office of the eSafety Commissioner (eSafety Office), Submission 13, p. 8; also see Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 62.

[13] eSafety Office, Submission 13, p. 7.

[14] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 62.

[15] Ms Buskiewicz, Managing Director, DIGI, Committee Hansard, 9 February 2018, p. 41.

[16] eSafety Office, Submission 13, p. 9.

[17] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 64.

[18] eSafety Office, correspondence received 23 March 2018, p. 1.

[19] Law Council, answers to questions on notice, 9 February 2018 (received 5 March 2018), p.4.

[20] Law Council, Submission 15, pp. 20–21.

[21] eSafety Office, correspondence received 23 March 2018, p. 4.

[22] Australian Women Against Violence Alliance, Submission 14, p. 2.

[23] eSafety Office, correspondence received 23 March 2018, p. 4.

[24] eSafety Office, correspondence received 23 March 2018, p. 4.

[25] eSafety Office, correspondence received 23 March 2018, p. 4; Australian Women Against Violence Alliance, Submission 14, p. 2.

[26] eSafety Office, correspondence received 23 March 2018, p. 4.

[27] eSafety Office, correspondence received 23 March 2018, pp. 1–2.

[28] Mr Bornstein, Maurice Blackburn Lawyers, Committee Hansard, 7 March 2018, p.1.

[29] Mr Bornstein, Maurice Blackburn Lawyers, Committee Hansard, 7 March 2018, pp.1–2.

[30] See, for example, Mr Adam Portelli, Director, Victorian Branch, MEAA, Committee Hansard, 7 March 2018, p. 10; Ms Sonya Ryan, Chief Executive Officer and Founder, Carly Ryan Foundation, Committee Hansard, 7 March 2018, pp. 20–21; Ms Edwards, National Council of Single Mothers and their Children, Committee Hansard, 7 March 2018, p. 27.

[31] Ms Van (Vanessa) Badham, Media Section Vice President, Victorian Branch, MEAA, Committee Hansard, 7 March 2018, p. 13.

[32] DIGI, Submission 17.1, p. 2.

[33] Ms Mia Garlick, Director of Policy, Australia & New Zealand, Facebook and Instagram, Committee Hansard, 9 February 2018, p. 47.

[34] Facebook and Instagram, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 4.

[35] Law Council, answers to questions on notice, 9 February 2017 (received 5 March 2018),
pp. 3–4.

[36] Law Council, answers to questions on notice, 9 February 2017 (received 5 March 2018),
pp. 4–5.

[37] eSafety Office, Submission 13, p. 8.

[38] eSafety Office, Submission 13, p. 8.

[39] eSafety Office, Submission 13, p. 8.

[40] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 70.

[41] Alannah & Madeline Foundation, Submission 10, p. 6.

[42] Alannah & Madeline Foundation, Submission 10, p. 6.

[43] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 70.

[44] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 70.

[45] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 70.

[46] See, for example, UNSW Law Society Inc., Submission 34, p. 4; Ms Ginger Gorman, Committee Member, Women in Media, Committee Hansard, 9 February 2017, p. 35.

[47] Ms Megan Mitchell, National Children's Commissioner, Australian Human Rights Commission, Committee Hansard, 9 February 2018, p. 58.

[48] Ms Buskiewicz, Managing Director, DIGI, Committee Hansard, 9 February 2018, p. 47.

[49] Ms Buskiewicz, Managing Director, DIGI, Committee Hansard, 9 February 2018, p. 47.

[50] Facebook and Instagram, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 2 and p. 3.

[51] Facebook and Instagram, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 2.

[52] Ms de Bailliencourt, Head of Global Safety Outreach, Facebook, Committee Hansard, 9 February 2018, p. 50.

[53] eSafety Office, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 2.

[54] Facebook and Instagram, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 4.

[55] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 70.

[56] eSafety Office, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 3.

[57] Ms Buskiewicz, Managing Director, DIGI, Committee Hansard, 9 February 2018, p. 48.

[58] Ms Garlick, Facebook and Instagram, Committee Hansard, 9 February 2018, p. 48.

[59] eSafety Office, answers to questions on notice, 9 February 2018 (received 7 March 2018), p. 1.

[60] See, for example, Australian Government Department of Education and Training, Submission 2, p. 8; Queensland Family and Child Commission, Submission 8, p. 2; Mental Health Commissions of Australia, Submission 9, p. 2; Alannah & Madeline Foundation, Submission 10, p. 3; Western Australia Department of Education, Submission 12, p. 2; Australian Human Rights Commission, Submission 16, p. 3; DIGI, Submission 17.1, p. 1; Tasmanian Government, Submission 19, pp. 5–6; Women in Media, Submission 26, p. 12; ReachOut Australia, Submission 31, p. 2.

[61] Australian Government Department of Education and Training, Submission 2, p. 4.

[62] Australian Government Department of Education and Training, answers to questions on notice, 9 March 2017 (received 16 March 2016), p. 1.

[63] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 67.

[64] Ms Lesley Podesta, Chief Executive Officer, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 25.

[65] Carly Ryan Foundation, Submission 23, p. 1.

[66] Ms Podesta, Alannah & Madeline Foundation, Committee Hansard, 9 February 2018, p. 25.

[67] yourtown, Submission 6, p. 3.

[68] Queensland Family and Child Commission, Submission 8, p.2.

[69] Instagram, Submission 3, p. 4; Facebook, Submission 4, p. 6.

[70] ReachOut Australia, Submission 31, p. 2.

[71] Australian Government Department of Education and Training, Submission 2, pp. 5–6.

[72] Australian Federal Police, Submission 18, p. 1.

[73] Tasmanian Government, Submission 19, p. 5–6.

[74] Western Australia Department of Education, Submission 12, pp. 2–4.

[75] yourtown, Submission 6, p. 11.

[76] Queensland Family and Child Commission, Submission 8, p. 4.

[77] Australian Human Rights Commission, Submission 16, p. 3.

[78] Professor Barbara Spears, Member, AUARA and Leading researcher, University of South Australia, Committee Hansard, 9 February 2018, p. 4.

[79] Ms Inman Grant, eSafety Commissioner, Committee Hansard, 9 February 2018, p. 61.