Draft Children’s Online Privacy Code (consultation for industry, civil society, academia)

The Privacy and Other Legislation Amendment Act 2024 introduced a mandate for the Office of the Australian Information Commissioner (OAIC) to develop a Children’s Online Privacy Code (the Code).

The Code is an APP Code which specifies how online services, like apps, games and websites, likely to be accessed by children or primarily concerned with the activities of children, must comply with the Australian Privacy Principles (APPs) and sets out additional requirements in relation to the handling of children’s personal information.

The Code will apply to online services which fall under the categories of social media services, relevant electronic services and designated internet services, as defined by the Online Safety Act 2021.

The Code is a legislative instrument that sits under Australia’s existing Privacy Act 1988 (the Privacy Act) and will complement other online privacy and safety measures across government.

The final Code must be registered by 10 December 2026.

Learn more about the Code by heading to Children’s Online Privacy Code

Written submissions

The OAIC is inviting industry, civil society, academia and any other interested parties to respond to the Children’s Online Privacy Code:

• Exposure Draft of Children’s Online Privacy Code, and
• Explanatory Statement

The Explanatory Statement is a supporting document designed to assist stakeholders in understanding the intended objectives, detailed operation, and effect of the draft Code.

Stakeholders are encouraged to read both the Exposure Draft and the Explanatory Statement.

Please submit written responses to the draft Code via email copc@oaic.gov.au

Submissions have now closed

The OAIC will give consideration to any submissions made within the consultation period.

Submissions may be made available to the public on the OAIC website. Please do not include any personal information in your submission (Any personal information will be redacted for publication purposes).

EOI to attend a Roundtable

Industry, civil society, academia and any other interested parties are invited to register their interest to attend a Virtual Roundtable during the public consultation.

Virtual Roundtables will provide stakeholders the opportunity to ask questions about the draft Code and provide verbal feedback to targeted questions.

Register your expression of interest here: Register EOI to attend OAIC Virtual Roundtable on Code Exposure Draft – Fill in form

Stakeholders who register their interest to attend a Virtual Roundtable will be contacted directly via email and invited to attend a scheduled Virtual Roundtable.

The OAIC will be periodically running these Virtual Roundtable over the course of the public consultation period from 31 March 2026 to 5 June 2026.

What happens after the consultation?

The OAIC will give consideration to submissions made within the consultation period.

The OAIC will also engage in a Regulatory Impact Analysis to conduct a cost-benefit analysis of the implantation of the Code.

Where appropriate and required, the OAIC will continue to consult with relevant stakeholders throughout this activity to ensure different voices are heard and represented throughout the process in developing the final Code.

The final Code must be registered by 10 December 2026.

Past consultations

The OAIC’s approach to developing the Code is based on research, evidence and extensive consultations.

As of March 2026, we have had more than 65 individual engagements with key stakeholders from across government, international regulators, industry, academia and the community.

In 2025, the OAIC released an issues paper that invited submissions from industry, civil society organisations, academia and other interested stakeholders. The OAIC received 61 written submissions from stakeholders from a broad cross section of society. These submissions contained diverse views to issues including age assurance, consent, transparency, the best interest of the child and children’s right to permanently delete their personal information.

During the same period, the OAIC also ran three industry roundtables with 32 attendees to support detailed discussion of key issues and practical considerations to the operation of the Code. This included discussion about the alignment of the Code to other domestic and international codes and standards, clarity on the scope of services included in the Code, and a balance between principles-based and prescriptive guidance.

The OAIC also heard from 70 academic and civil society representatives during a one-day workshop. These stakeholders discussed a range of issues including greater transparency of handling children’s personal information, limiting direct marketing to children, and increasing children’s access to their personal information and ability to make corrections.

While views from industry, civil society organisations, academia and other interested stakeholders were diverse in nature, there was broad support for the Code and the goal of uplifting privacy protections for children and young people.

Learn more about our Past COPC consultations

For children, young people and parents/carers

For children, young people and parents/carers learn how to participate in the consultation by heading to Children’s Online Privacy Code (consultation for children and parents)