Do small businesses or charities qualify for exemptions from online ID verification in Australia?
Executive summary
Small businesses and charities are not explicitly listed in the immediate social-media age-verification rules, and the government has said Australians cannot be forced to use government ID (including Digital ID) as the sole means of age assurance [1]. The Identity Verification Services Act and related Digital ID/TEx frameworks allow non‑government entities to access verification services under rules and participation agreements, and the Digital ID legislation includes an exemptions framework and targeted exemption powers that could apply to services or sectors [2] [3].
1. What the new age rules actually require — and who they name
Parliament’s social media minimum age amendments compel designated platforms to take “reasonable steps” to prevent under‑16s creating accounts; industry codes extend age‑assurance requirements to logged‑in accounts on search engines and similar services [4] [5]. The government’s explanatory memorandum clarified that government identity documents or Digital ID may be used but cannot be the only option offered for age checks — platforms must provide multiple methods and cannot force Australians to use government ID as the sole route [1].
2. The door is open to private sector use of government verification services
The Identity Verification Services Act 2023 established the Document Verification Service (DVS) and Face Verification Service (FVS) and contemplates non‑government participation; the Attorney‑General’s Department says the IVS Act provides safeguards so government and non‑government entities can harness these services [2] [6]. Consultation materials and rules show non‑government organisations may connect to verification hubs to verify documents or use face matching, subject to participation agreements and privacy conditions [7].
3. Exemptions and targeted carve‑outs exist — not blanket immunity
The Digital ID legislation and related bills build in flexibility: an exemptions framework, conditions and rule‑making powers let regulators create targeted exemptions or transitional measures rather than one‑size‑fits‑all mandates [3]. The government amendment that prevents forcing government ID as the only option functions as a sector‑wide safeguard but does not eliminate requirements; platforms still face obligations and potential fines if they fail to offer multiple verification options [1].
4. What this means for small businesses and charities in practice
Available sources do not list small businesses or charities as automatic exemptions from the age‑verification rules; instead, eligibility to use the national identity services and to seek tailored treatment depends on regulatory rules, participation agreements, and potential targeted exemptions under the Digital ID/IVS frameworks [2] [3]. In short, a small business or charity could connect to DVS/FVS under the IVS rules, or apply for a targeted exemption if its service fits a carve‑out, but there is no blanket exclusion for these sectors in the cited materials [7] [3].
5. The practical compliance landscape and options for operators
Platforms have technical options short of forcing government ID: industry and platforms have proposed approaches like operating‑system/app‑store level age verification or using “tokens” that confirm a fact (such as “over 16”) without disclosing raw data, ideas reflected in Trusted Exchange/TEx thinking [1] [8]. TEx/tokenised confirmations would let services verify age without revealing exact personal data; TEx pilots and Digital ID rollout plans are explicitly designed to provide privacy‑preserving verification for services [8].
6. Competing viewpoints and political pressures
Big platforms and industry have pushed back about technical feasibility and scope, arguing some services (messaging, hosting, search) should be treated differently and seeking exemptions; courts and critics worry about privacy and mission creep [1] [9]. Advocacy and petition activity also signal public concern that mandates could expand beyond protecting children, though some of those claims are not corroborated in official explanatory materials cited here [10] [11].
7. How to proceed if you run a small organisation or charity
Check whether your service falls into a “designated” category under the Online Safety Act or the industry codes — the law targets specific platforms and use cases first [4] [5]. If your organisation anticipates needing identity checks, review participation requirements for IVS/DVS/FVS and engage early with the Attorney‑General’s Department or the Department of Finance on Digital ID/TEx arrangements; consider whether a targeted exemption application would be appropriate given the exemptions framework in the Digital ID laws [2] [3] [8].
Limitations: sources here are a mix of government pages, industry analysis and press reporting; they do not provide a definitive, exhaustive list of exemptions or a step‑by‑step process for exemption applications, and the detailed rules and codes will be fleshed out in 2025 rule‑making and participation agreements [1] [3].