The Alannah & Madeline Foundation is urging federal Parliament to pass the updated Online Safety Amendment (Digital Duty of Care) Bill 2026 as a critical piece of legislation that will enable genuine government oversight and accountability for online services rather than relying on industry self-regulation.
Director of Policy & Prevention Ariana Kurzeme said the bill was a major step forward in reshaping Australia's digital environment to one where technology companies had the legal responsibility to prevent foreseeable harm to those who use their products, but that it could still be strengthened further to ensure children's safety was prioritised.
"This is a landmark moment for Australia," Ms Kurzeme said. "With the world watching, we are on the cusp of holding tech platforms to account and ensuring that children's safety is considered in design - not as an afterthought.
"We want to see this Bill passed. For too long, tech companies have been left to set their own rules, and children and families have borne the consequences. A clear legal duty, backed by a regulator with real powers and penalties that matter, finally places responsibility with the companies designing and profiting from these services.
"However, the Bill can still be made stronger. Throughout our consultation with more than 800 children, young people, parents and carers, the message has been clear: responsibility for online safety must sit with the services that create and control the risks.
"Making children's best interests a primary consideration would ensure the Digital Duty of Care protects children's safety, privacy, development, dignity and participation in practice, not just in principle. Including child impact assessments within the mandated risk assessments would strengthen the duty of care.
"We believe the coverage of AI could also be clearer, ensuring we explicitly cover chatbots, companion-style services, AI-initiated conduct, synthetic content, dependence and misuse of children's images and data. Children are already talking to chatbots and using AI in their daily lives - the law should leave no doubt that these services and related harms are covered.
"Safety tools also have to work in practice. Children and parents told us they want reporting and control tools that are easy to find, easy to use and trustworthy, with a clear outcome when they ask for help.
"Children and young people have shown they can offer practical, thoughtful ideas for safer platform design. Building their voices, and those of their parents and carers, into how the duty is set, applied and measured is the best way to make sure it delivers."
About us:
About the Alannah & Madeline Foundation
The Alannah & Madeline Foundation was founded 29 years ago by Walter Mikac AM, and a small group of volunteers in memory of Walter's young daughters Alannah and Madeline, aged just six and three, who tragically lost their lives along with their mother and 32 others at Port Arthur in Tasmania on 28 April 1996. The Foundation was established with the belief that "all children and young people should be able to live a happy and safe life, free from violence and trauma." Our mission continues today through our Care, Prevention and Advocacy programs - we fight for their right to be safe, so their future is strong. www.alannahandmadeline.org.au
