A plumber with a five-page website
Indicative: lower risk
The site: services, prices, a photo gallery the owner uploads, and a contact form.
Why: everything on the site is the owner's own content. Enquiries go to the business and are not shown to anyone else.
For now: nothing.
If the Bill passes: expect a short checkbox assessment. See what one might look like.
A cafe with online table bookings
Indicative: lower risk
The site: a menu, opening hours and a booking widget from a booking company. Reviews are on Google, not on the site.
Why: a booking takes details and a time. The booking company is responsible for its own service, and Google for the reviews on Google.
For now: check whether any comment or review feature is switched on in the website builder, and note it.
If the Bill passes: expect a short checkbox assessment.
An online homewares shop with product reviews and a blog
Indicative: moderate risk
The site: a checkout, customer accounts, product reviews with photos, and a news blog with comments on.
Why: selling adds no risk. Reviews, review photos and blog comments all let the public publish on the site.
For now: note which of the three are used and what they are worth to the business.
If the Bill passes: hold reviews and comments for approval, and consider switching off blog comments if nobody uses them. Guide for online shops.
A physiotherapy clinic that adds an AI chatbot
Indicative: moderate risk
The site: services, practitioner profiles, online booking, and a new AI assistant that answers questions.
Why: the Bill names AI services directly, and a health chatbot can be asked about anything. Without the chatbot the site would be lower risk.
For now: choose a chatbot with safety settings the clinic controls, see how it behaves off topic, and keep the results.
If the Bill passes: limit the bot to bookings and clinic information. Once the duty starts, the assessment would come before a new chatbot goes live. Chatbot guide.
A tutoring business with a student portal
Indicative: higher risk
The site: a portal where students under 18 and tutors message each other and upload work.
Why: it combines the three things eSafety's early criteria single out: messaging, uploads, and adults and children interacting.
For now: map who can message whom, what an administrator can see, and how a problem is reported. Child-safety practice matters here whatever happens to the Bill.
If the Bill passes: tighten those settings and consider legal advice. Guide to forums, messaging and uploads.
A gym with a members' forum
Indicative: moderate risk
The site: class timetables, online sign-up and a members-only forum for adults.
Why: a forum lets users interact with each other. With adult members and no private messaging it stays in the moderate band. Adding teenage members or direct messages would move it higher.
For now: note how active the forum is and who looks after it.
If the Bill passes: publish forum rules, name a moderator and add a report link.
A real estate agency with listings and enquiry forms
Indicative: lower risk
The site: property listings, an enquiry form on each, and saved searches for logged-in users.
Why: listings are the agency's content. Accounts and saved searches are not interaction between users.
For now: nothing.
If the Bill passes: note the saved-search and "similar properties" features in the assessment.
A web agency that hosts 40 client websites
Indicative: moderate risk
The business: builds, hosts and administers websites for other small businesses.
Why: hosting is one of the Bill's nine service types, and an agency with day-to-day control of a client's site may be responsible for it alongside the client.
For now: list which client sites have reviews, forums, uploads or chatbots.
If the Bill passes: agree in writing with each client who does what. Who is responsible when an agency runs a site.
A market stallholder with only an Instagram account
Not the responsible party
The presence: an Instagram account and a Facebook page. No website.
Why: the platforms provide those services and carry the duty for them. The stallholder is a user.
For now and later: nothing. This changes if the business launches its own website.
How were these risk levels worked out?
They follow the same method as our checker. Features that let users post, interact, message or talk to an AI add to the risk, and so do child users and adult content. The bands are ours. They track the early criteria eSafety described to a Senate hearing on 10 November 2026, and they will be updated when eSafety publishes its own.
Sources
- Parliament of Australia: the Bill, its explanatory memorandum and progress
- Senate committee public hearing, Canberra, 10 November 2026 (our account is drawn from the broadcast; the official Hansard transcript was not yet published when we checked)
- Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts: Digital Duty of Care
Last updated 14 November 2026