The short answer
Online Safety Amendment (Broadening Adult Cyber Abuse Protections) Bill 2026 explained: lowering the threshold for eSafety takedown orders
The Online Safety Amendment (Broadening Adult Cyber Abuse Protections) Bill 2026 is a private senator's bill introduced by Senator Fatima Payman on 3 March 2026. It would amend the Online Safety Act 2021 to lower the threshold for material to be considered by the eSafety Commissioner under the adult cyber abuse scheme. Currently, a complainant must show that an ordinary reasonable person would conclude the material is both 'menacing, harassing or offensive' and 'would have an effect of causing serious harm' to an Australian adult. The bill would replace 'serious harm' with 'have an effect' while simultaneously raising the offensiveness threshold to 'seriously offensive'. It implements recommendation 18 of the October 2024 Statutory Review of the Online Safety Act, which found the existing threshold was too high — only about 6 per cent of adult cyber abuse reports met it.
This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.
The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.
Evidence review
The problem: a scheme that excludes 94 per cent of complaints
The adult cyber abuse scheme was established under the Online Safety Act 2021 to give the eSafety Commissioner power to issue removal notices for seriously harmful online material targeting Australian adults. However, the scheme has proven difficult for complainants to access because of the high threshold set in the original legislation.
The explanatory memorandum cites a September 2025 statement from an eSafety spokesperson to the West Australian newspaper: '[O]nly about six per cent of reports to [eSafety's] Adult Cyber Abuse scheme meet that high legislated threshold.' This means 94 per cent of people who report adult cyber abuse are told the material they are experiencing does not meet the legal standard for the Commissioner to act.
The bill's explanatory memorandum states bluntly that 'it is clear that the present legislative framework is not fit for purpose.' The statutory review of the Online Safety Act, provided to the government in October 2024, identified the threshold as a key barrier and recommended it be lowered.
Evidence review
What the bill would change: a two-part threshold adjustment
The bill amends the relevant provisions of the Online Safety Act 2021 to implement a two-part adjustment to the adult cyber abuse threshold. The first change lowers the harm test: rather than requiring that an ordinary reasonable person conclude the material 'would have an effect of causing serious harm' to an Australian adult, the new test would require only that the material 'would have an effect' on a particular Australian adult.
The second change, designed to balance the lowered harm threshold, raises the offensiveness test: the material must be not merely 'offensive' but 'seriously offensive.' The new combined threshold requires an ordinary reasonable person to conclude both that 'it is likely the material was intended to have an effect on a particular Australian adult' AND that an ordinary reasonable person would 'regard the material as being, in all the circumstances, menacing, harassing or seriously offensive.'
The bill also introduces an intent element: the reasonable person must conclude it is 'likely the material was intended to have an effect on a particular Australian adult.' This is designed to exclude material that might have an incidental or unintended impact on an adult from the scheme's scope.
Evidence review
Implementation of recommendation 18 of the statutory review
The bill is explicitly framed as implementing recommendation 18 of the Statutory Review of the Online Safety Act 2021. The statutory review, conducted as required by the Act, was provided to the government in October 2024. Its recommendation 18 stated that 'the adult cyber abuse scheme should be amended by lowering the threshold' and specified the exact language the bill adopts.
By implementing a review recommendation through a private senator's bill rather than government legislation, Senator Payman is effectively placing pressure on the government to act on a recommendation it has had since October 2024 but has not yet introduced as its own bill.
Evidence review
Transitional arrangements and complaint handling
The bill includes transitional provisions to ensure that changes to the threshold do not invalidate or interrupt complaints already under consideration by the eSafety Commissioner. The explanatory memorandum states that complaints currently underway would be assessed against the new, lower threshold rather than the existing one, which should benefit complainants whose reports were in progress at the time of commencement.
The bill applies to material that is currently accessible, material that was accessible prior to commencement and remains accessible, and material that becomes accessible after commencement. This means the new threshold would apply retrospectively to existing online content as well as prospectively to future posts.
Evidence review
Who is affected and what the bill does not change
The bill affects Australian adults who experience online abuse and wish to make a complaint to the eSafety Commissioner. It also affects online platforms and content hosts, who would potentially face more removal notices as the lower threshold allows the Commissioner to act on a larger proportion of complaints.
The bill does not change any other aspect of the adult cyber abuse scheme, including the types of remedies available (removal notices remain the primary tool), the Commissioner's investigative powers, or the scheme's application to cyber abuse targeting children (which operates under a separate, lower-threshold scheme). It also does not alter the existing cyberbullying scheme for children or the image-based abuse scheme.
Evidence review
Parliamentary status and political pathway
As a private senator's bill introduced by Senator Fatima Payman, the bill does not have government backing. It was introduced in the Senate on 3 March 2026, read a first time, and the second reading was moved the same day. No second reading debate has yet occurred.
The bill's pathway mirrors that of other private bills: it requires parliamentary time to be allocated for debate, and passage depends on securing support from either the government or a majority of senators. The bill implements a recommendation from a government-commissioned statutory review, which may increase its chances of eventual government support or adoption, but as of July 2026 it remains listed as 'Before Senate'.
Common questions
Before you rely on the answer
What is the current threshold for adult cyber abuse complaints?
Under the current Online Safety Act 2021, an adult cyber abuse complaint requires that an ordinary reasonable person would conclude the material is 'menacing, harassing or offensive' AND 'would have an effect of causing serious harm' to an Australian adult. According to eSafety, only about 6 per cent of reports meet this threshold.
How would Senator Payman's bill change the threshold?
The bill replaces 'serious harm' with 'have an effect' (a lower bar) while simultaneously raising the offensiveness requirement from 'offensive' to 'seriously offensive' (a higher bar). It also adds an intent requirement — that the material was likely intended to have an effect on a specific Australian adult.
Why was this introduced as a private senator's bill?
Senator Fatima Payman introduced the bill to implement recommendation 18 of the October 2024 statutory review of the Online Safety Act, which the government had not yet acted on. Private bills can pressure the government to adopt recommendations or at least force parliamentary debate on an issue.
Would the bill change how the eSafety Commissioner handles complaints?
The bill changes only the threshold test the Commissioner applies when deciding whether material qualifies for the adult cyber abuse scheme. The Commissioner's powers — including the ability to issue removal notices — and the complaint process itself remain unchanged. Complaints already underway would be assessed against the new, lower threshold.
Source spine
Primary material used for this guide
Review trigger: When bill passes, is amended, or lapses.
Archive note: Based on bill as introduced. Check current status at aph.gov.au.
Primary links are provided without affiliate or tracking parameters. Confirm that the source still applies to the bill, sitting date, jurisdiction or reporting period before relying on it.