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Proposed rule-maker for coverage, harm categories and researcher access
This subject is the Australian communications minister's proposed statutory role under the September 2026 digital-duty-of-care exposure draft. It represents an office and its delegated rule-making powers, rather than the biography or personal decisions of the current officeholder.
The exposure draft would let the minister specify exemptions and some user-empowerment requirements and establish the research-access scheme. Harm additions under sections 25C and 25D require seeking and considering eSafety advice, but their tests differ: the general category uses serious harm, while the child category concerns potential harm to children. The feature power in section 25G has no express serious-harm threshold in that section. The public draft accompanied targeted consultation on 8 September 2026.
On 13 September2026, Anika Wells offered to negotiate wording that would give Parliament a role in deciding new duty-of-care harm categories, while retaining an urgent-response mechanism. She was answering David Speers on ABC Insiders. This is a public negotiating position: the revised or introduced bill must establish whether and how the proposed ministerial power changes.
Australian communications minister — statutory role → Draft initial categories and ministerial additions
25C(2),25D(2),27B require seeking/considering eSafety advice and serious-harm or child-harm potential respectively. Child test does not expressly require seriousness;25G feature power has no express serious-harm threshold in that section. Existing general delegation edges retained.
Australian communications minister — statutory role → Australia digital duty of care — exposure draft
2026-09-08 – 2026-09-08
8September2026 public PDF/DOCX release coexists with targeted categories. Does not resolve whether companies received earlier or fuller drafts. Public simplified outlines incomplete; no established redaction or byte-equivalence audit.
Australian communications minister — statutory role → Approved Australian-university researchers
Sections205B-F/240: delegated approval, conditions, fees and revocation; conflict/privacy/security/confidentiality safeguards await rules. Commissioner approvals if rules provide. No completed scheme or awarded data right.
Australia digital duty of care — exposure draft → Australian communications minister — statutory role
Sections25A-G and27B: exemptions, specified additions and empowerment tools. Advice requirements vary;27B does not list every power. Thresholds constrain general serious-harm additions. Future instruments not acquired.
Australian communications minister — statutory role → Covered online-service providers
Sections25A,25B and26(4)-(6). Not current individual orders, automatic small-business exemption or a fixed adult opt-out interface.
Digital Duty of Care: draft access and missing-text claims ↗
Australia Digital Duty of Care: operative authority and adult choice ↗
Australia digital duty of care — exposure draft → would delegate specified scope and harm-category rules → Australian communications minister — statutory role
Sections25A-G and27B: exemptions, specified additions and empowerment tools. Advice requirements vary;27B does not list every power. Thresholds constrain general serious-harm additions. Future instruments not acquired.
Australian communications minister — statutory role → would specify exemptions and some user-empowerment requirements → Covered online-service providers
Sections25A,25B and26(4)-(6). Not current individual orders, automatic small-business exemption or a fixed adult opt-out interface.
Australian communications minister — statutory role → would establish access and approval scheme through rules → Approved Australian-university researchers
Sections205B-F/240: delegated approval, conditions, fees and revocation; conflict/privacy/security/confidentiality safeguards await rules. Commissioner approvals if rules provide. No completed scheme or awarded data right.
Australian communications minister — statutory role → announces targeted consultation alongside public release → Australia digital duty of care — exposure draft
2026-09-08 – 2026-09-08
8September2026 public PDF/DOCX release coexists with targeted categories. Does not resolve whether companies received earlier or fuller drafts. Public simplified outlines incomplete; no established redaction or byte-equivalence audit.
Australian communications minister — statutory role → would add harm or feature categories under differing tests → Draft initial categories and ministerial additions
25C(2),25D(2),27B require seeking/considering eSafety advice and serious-harm or child-harm potential respectively. Child test does not expressly require seriousness;25G feature power has no express serious-harm threshold in that section. Existing general delegation edges retained.
Australian communications minister — statutory role → Offers negotiation on Parliament deciding new harms → Australia digital duty of care — exposure draft
Official interview dated 13 September2026.
On 13 September2026, Anika Wells offered to negotiate wording that would give Parliament a role in deciding new duty-of-care harm categories, while retaining an urgent-response mechanism. She was answering David Speers on ABC Insiders. This is a public negotiating position: the revised or introduced bill must establish whether and how the proposed ministerial power changes. No agreed amendment or enacted change established by the interview.