Online Safety (Relief and Accountability) (Damages in Court Proceedings) Regulations 2026

The following torts are specified for the purposes of section 96(2)(a)(i) and (b)(i):

The following online harmful activities are specified for the purposes of section 96(2)(a)(ii) and (b)(ii):

The following torts and online harmful activities are specified for the purposes of section 96(4):

For the purposes of section 96(4), a minimum amount of $5,000 in damages is specified for each child abuse image or recording or each intimate image or recording (as the case may be) that is the subject of a claim mentioned in that provision.

In awarding the minimum amount of damages mentioned in paragraph (2), it is not necessary for the court to require any evidence to be adduced to prove that the tort or online harmful activity had caused damage to the victim of the tort or online harmful activity.

To avoid doubt, paragraph (2) does not prevent the court from awarding damages exceeding the minimum amount mentioned in that paragraph.

For the purposes of section 98(4)(a), the prescribed maximum limit of enhanced damages that may be awarded under section 98(1) or (2) for a claim by the victim is a sum equal to 2 times the total amount of the damages (including general, special, punitive and aggravated damages) that is awarded by the court under section 96(1) to the victim for the claim.

To avoid doubt, paragraph (1) does not prevent the court from awarding enhanced damages that are less than the maximum limit mentioned in that paragraph.