Skip to content
Contents

Part 5 · Powers to Give Directions and Orders

27. Part 5 direction — relevant factors

In deciding whether to give a Part 5 direction, or the type and scope of the direction to be given in each case, the Commissioner may take into account all or any of the following factors:

(a)

the degree of the harm caused or likely to be caused, by the online harmful activity;

(b)

the number of persons harmed or likely to be harmed, by the online harmful activity;

(c)

the manner and circumstances in which the online harmful activity occurred;

(d)

whether the conduct of the online harmful activity was reasonable;

(e)

the likelihood of further online harmful activity being conducted;

(f)

whether the direction would be contrary to any public policy;

(g)

whether the direction would be in the public interest;

(h)

any factor that may be prescribed;

(i)

any other relevant factor.

Part 6

Information and End‑User Identity Matters

Part 7

Reconsideration and Appeals

Part 8

Offences and Enforcement

Part 9

General and Miscellaneous

Part 10

Online Harmful Activities — Torts

Part 11

Administrators — Duties and Torts

Part 12

Online Service Providers — Duties and Torts

Part 13

Damages and Remedies

Part 14

Jurisdictional, Procedural and Miscellaneous Matters

Part 15

Amendments to Other Acts

Schedules