How do I take legal action against an administrator?
Information on taking legal action against an administrator.
Last updated 30 June 2026
Taking legal action requires careful consideration. If you are considering legal action, we strongly recommend that you first seek legal advice, or reach out to our community partners who can help you understand the legal process, costs and time involved before deciding on your next steps. More information on finding support can be found here.
Administrators are subject to two duties under OSRA:
Not to facilitate or permit online harmful activity
To respond reasonably to an Online Harm Notice
First duty: Not to facilitate or permit online harmful activity
Under OSRAA, administrators have a duty not to create, set up or administer an online location in a manner that facilitates or permits the conduct of any online harm, intending or knowing that harm would occur.
Sending an administrator a reasonable written request
While it is not necessary to send the administrator any notice or request prior to commencing legal proceedings, you have the option of sending a reasonable written request to the administrator to request that they put a stop to the harm.
There are practical advantages of doing so. First, this may prompt the administrator taking down the online location in a timely manner. Second, the administrator may be liable for additional damages if they fail to address the harm within a reasonable time after receiving your request. Such additional damages are to compensate for any additional harm caused by their wilful refusal to remove the online location, or to mark the Court's disapproval of such conduct and impose punishment. Find out more here.
Commencing legal proceedings against an administrator
You can refer to the Judiciary's website here for more information on the process of commencing legal proceedings against an administrator.
Second duty: To respond reasonably to an Online Harm Notice
Preparing and sending an Online Harm Notice to an administrator
Under OSRAA, administrators have a duty to take reasonable steps to address the online harm upon receiving an Online Harm Notice. If the administrator fails to take reasonable steps, you may have a cause of action against the administrator in Court.
As such, before you can commence legal proceedings against an administrator, you have to send the administrator an Online Harm Notice.
Commencing legal proceedings against an administrator
You can refer to the Judiciary's website here for more information on the process of commencing legal proceedings against an administrator.