Carol Berry (Whitlam, Australian Labor Party) Share this | Hansard source

I begin by acknowledging victims-survivors of child sexual abuse as well as their advocates who have fought for many years to improve a system that has too often failed them. The reforms contained in the Treasury Laws Amendment (The Survivors Law) Bill have not emerged in isolation. They follow years of determined advocacy to ensure that victims-survivors of child sexual abuse receive the court ordered compensation they deserve and are entitled to. Shockingly, it is estimated that 11 per cent of women and almost four per cent of men in Australia are victims of sexual abuse perpetrated by an adult before they are 15 years old.

My predecessor as the member for Whitlam, Stephen Jones, revealed in his valedictory speech last year that he was a victim-survivor of child sexual abuse. It was the first time he had made this known publicly. Stephen decided to disclose this painful information because he wanted to highlight former prime minister Julia Gillard's establishment of a royal commission into child sex abuse as one of the great government achievements during his 15 years in parliament. Over four years, the royal commission received over 1,000 individual contributions, conducted 8,000 private sessions and received 26,000 letters and emails, resulting in 2,500 referrals to police. These are sickening numbers. Stephen noted in his valedictory speech that the royal commission wasn't inevitable. It was contested, and it took courage from all involved to ensure that it proceeded. He added that when the Gillard government established the royal commission, it sent an important message: we see you, we hear you and we believe you.

All children and young people have the right to be safe from sexual abuse, and the Albanese government is committed to protecting Australia's children from harm and to supporting early intervention, response, healing and recovery services. In November last year we announced $12 million in grants to support 23 specialist and community support services across Australia, to expand their crucial work responding to victims and survivors of child sexual abuse and children who have displayed concerning or harmful sexual behaviours. That grant program is part of the $80 million commitment agreed at National Cabinet to enhance and expand child-centric, trauma informed supports for children and young people who have experienced or witnessed family, domestic and sexual violence. It also contributes to our ongoing reforms under the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030.

The Albanese government is committed to holding perpetrators of child sexual abuse to account, and this bill introduces long-awaited and meaningful reforms. A major focus is our superannuation system because Australia has a trust structure for the governance of superannuation funds. This means that beneficiaries of the funds do not hold superannuation assets. Instead, the assets are managed on behalf of the beneficiaries by trustees who have fiduciary and statutory obligations to act in the beneficiaries' best interests. Superannuation trustees are currently able to pay preserved benefits in specified situations including retirement, reaching preservation age and death. But superannuation trustees are not able to pay preserved benefits where a beneficiary owes compensation to a victim of crime. Unfortunately, people subject to criminal or civil proceedings, or those anticipating such proceedings, take advantage of this situation.

In recent years there have been a number of high-profile reports of convicted child sex abuse offenders deliberately hiding millions of dollars worth of assets in superannuation accounts to defeat compensation claims. This includes Maurice Van Ryn, a former CEO of Bega Cheese, who was found guilty of abusing nine children, between 2003 and 2014, and then a 10th child, in 2019. In total, he was sentenced to 22 years in prison. In 2023 the Supreme Court of New South Wales awarded the 10th victim $1.4 million in damages for the abuse he endured in Van Ryn's home. But Van Ryn declared bankruptcy in December that year, and the victims-survivors were unable to access hundreds of thousands of dollars he had in superannuation. Unjust situations like this add further to the emotional distress suffered by victims-survivors.

This bill will amend the Taxation Administration Act 1953 and other relevant Commonwealth acts to create a mechanism that enables the release of certain amounts from a perpetrator's superannuation interests in certain circumstances. To initiate the release process, victims-survivors must first meet the following application criteria: the perpetrator must have been convicted of—or, where there is no conviction recorded, found guilty of—a specified child abuse offence to a criminal standard; a court has made an order requiring the perpetrator to pay compensation to the victim for injury, loss or damage suffered by the victim as a direct result of a specified child abuse offence; the amount has been due and payable for at least 12 months; the perpetrator has not paid the full amount of compensation specified in the order; and the period within which recovery of the amount may be pursued in a court in the jurisdiction where the order was made has not expired.

A victim-survivor who reasonably believes that they meet the application criteria for a court order can apply to the Commissioner of Taxation for certain information relating to the perpetrator's superannuation assets. This information will help them to assess whether it is worthwhile pursuing an order in relation to the perpetrator's superannuation interests. It also means victims-survivors are not required to undertake a more costly exercise—for example, using subpoenas to superannuation providers—in order to pursue enforcement of outstanding compensation debts. I note the application to the Commissioner of Taxation may be made by the victim-survivor's legal representative, legal personal representative, registered tax agent or financial counsellor. Where the victim or survivor is under 18, their parent or a person who has been granted guardianship of the child may make an application on their behalf.

After reviewing the information, the victim-survivor can then apply for a court order for the Commissioner of Taxation to facilitate the release of moneys from the perpetrator's superannuation interests. This is called a perpetrator contributions release order. Where a perpetrator contributions release order is made, the Commissioner of Taxation must then issue one or more release authorities to relevant superannuation providers to secure the release of moneys from the perpetrator's superannuation interests and pay this to the victim-survivor. This bill also amends the Bankruptcy Act 1966 to allow compensation debts to survive perpetrators' bankruptcies, improving the chances of victims-survivors seeking to enforce such debts.

Our superannuation and bankruptcy laws are complex. However, this bill has a simple principle at its core: the perpetrators of child sexual abuse should not be able to hide behind financial structures to avoid accountability. It closes an unjust loophole that has allowed convicted offenders to shield assets and superannuation while victims-survivors are left without the compensation they are owed. This bill not only closes that loophole; it affirms that financial systems must not operate in a way that undermines justice, and it reflects the growing recognition that justice is not only about conviction but about meaningful redress. The reforms in this bill improve transparency, reduce uncertainty and strengthen the enforcement of court ordered compensation for victims-survivors.

The tragic reality is that child sexual abuse crimes often leave deep and lifelong impacts that extend far beyond the period of abuse itself. Victims-survivors frequently carry the effects into adulthood, affecting their mental health, physical wellbeing, relationships, education and ability to participate fully in work and community life. The trauma does not end when the abuse ends. For many, it is something they must navigate every day, too often in silence and without adequate support. Some victims-survivors face barriers to stable employment and financial security, meaning the harm they experience is not only emotional and psychological but also deeply material. We must recognise that the impacts of child sexual abuse are enduring, complex and profound and that our response must be equally serious, sustained and centred on those who have been harmed.

I have huge admiration for the courage it takes for victims-survivors to come forward, often years or decades after the abuse has occurred. They must relive deeply painful experiences in the pursuit of justice while knowing that outcomes are never guaranteed. For too many victims-survivors, a court ruling in their favour has not translated into real-world outcomes. They have endured the trauma of legal proceedings only to face further distress when compensation orders go unpaid. This outcome further compounds the harm, and it undermines confidence in the justice system. Under these reforms, where a court ordered compensation debt remains unpaid after 12 months, victims-survivors will be able to seek access through a court order to certain superannuation contributions made by the offender. This includes additional personal and salary sacrifice contributions, which have previously been used as a vehicle to shield assets from enforcement. This is a practical, targeted step. It introduces a mechanism to ensure that perpetrators cannot simply wait out their obligations while their financial position remains protected.

Importantly, this bill also ensures that compensation debts do not simply disappear through bankruptcy. By allowing these debts to survive bankruptcy proceedings, we are reinforcing a clear and necessary message: financial manoeuvring must not override moral and legal responsibility. Bankruptcy should not be a refuge from accountability for such serious harm. These changes will apply not only to future bankruptcies but also to those currently in progress. This is a significant step because it recognises that there are victims-survivors who are being denied justice today under the existing framework. By applying to both current and future bankruptcies, this bill seeks to address present inequity as well as future harm.

When offenders retain substantial retirement savings while victims struggle financially, often as a direct consequence of the abuse they have suffered, it undermines confidence in our justice system. It risks perpetrating a cycle where the burden continues to fall on those who are harmed, rather than on those who have caused the harm. Our superannuation and bankruptcy systems are complex, so changes to them must be carefully designed to ensure they are effective, enforceable and consistent with broader legal principles. That is why this bill should be understood as a significant and necessary foundation that lays the groundwork for potential future reforms. In fact, through the extensive consultation process that preceded the introduction of these reforms, victims-survivors and advocates encouraged us to build on the reforms contained in this bill. So, while the bill closes a loophole, it also sends a strong signal about the direction of reform. It creates a framework that can be built upon in the future.

Importantly, the regime established by this bill will be subject to a review after it commences full operation to ensure that it is operating effectively for victims and survivors of child sexual abuse. This review process is critical to ensure that this parliament does not simply pass legislation and move on but instead remains engaged with how these provisions are working in practice. It provides an opportunity to assess whether victims and survivors are genuinely benefiting and whether additional changes are required. Our policy will continue to be informed by the voices of survivors, advocates, legal experts and practitioners.

The experiences shared by victims-survivors, including those who have been unable to access compensation despite court orders in their favour, make it clear how important it is that we progress this measure. It is clear to me that these reforms will make a real difference. They will provide new avenues for enforcement and a greater chance of achieving some measure of justice. Ultimately, this bill is about restoring fairness and dignity. For these reasons, I commend this bill to the House.

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