Jo Briskey (Maribyrnong, Australian Labor Party) Share this | Hansard source

Before I begin my remarks, I too want to recognise the contribution of the member for Monash and acknowledge her meaningful contribution and absolutely agree with the point that she made around this being an issue that rises above partisan politics, so thank you very much for that.

There are moments in this parliament when the weight of what we are asked to do is felt so deeply. This is one of those moments. The Royal Commission into Institutional Responses to Child Sexual Abuse was a watershed moment for our nation. It opened many Australians' eyes to the systemic violence that had robbed too many children of their innocence and of their futures. For years—decades—victims-survivors had carried their pain alone. And then, finally, their country listened. The royal commission's findings prompted profound change, but that work is not finished. The people who lived through that abuse, who found extraordinary courage to speak, to testify and to name what was done to them, know that better than anyone. Today we continue that work. Today we slam shut a loophole that has allowed perpetrators to avoid accountability.

Before I speak to the details of this bill, I want to pause to acknowledge the strength, the resilience and the bravery of victims-survivors: those who fought for years through the courts to be heard and who lived the worst moments of their lives in pursuit of something that looked like justice only to be left without the compensation a court told them they were owed; those who have suffered in silence, held back by shame that should never have been theirs to carry in the first place; and those who found their voices, often at great personal cost, to advocate for reform to make sure what happened to them would not keep happening to others. Each and every one of those victims-survivors deserves better. They deserved better then; they deserve better now. And this legislation is one more step towards making that a reality.

So why is this legislation needed? Currently, the courts have been awarding compensation to victims-survivors of child sexual abuse. That is the system working as it should be. But too often the system stops there. Perpetrators who have been found guilty of devastating crimes have then been able to dodge that compensation. They have sheltered assets in superannuation accounts beyond the reach of enforcement, or they have declared bankruptcy, causing compensation debts to simply disappear.

So, right now, a victim-survivor gathers the courage to come forward. They endure the police process. They enter an intimidating court system. They relive their abuse. A judge finds in their favour. And then they wait and wait. And the money that was ordered to be paid to them is never paid—because the person who harmed them found a loophole. That is not justice, and it has gone on for far too long, but this bill ends it. It ends it because it makes two important and targeted reforms.

First, it addresses superannuation. Under these changes, where a court ordered compensation debt remains unpaid after 12 months, victims-survivors will be able to apply to a court for an order to access certain superannuation contributions made by the offender. This specifically captures personal contributions and salary sacrifice contributions—the very mechanisms that have been used to shield assets from enforcement. This process will be supported by the Australian Taxation Office so that victims-survivors can identify any potential eligible superannuation before proceeding. There are appropriate safeguards built into the framework. This is not a blunt instrument, but it is carefully designed to deliver on a clear principle.

Second, it addresses bankruptcy. Compensation debts owed to victims-survivors of child sexual abuse will no longer simply vanish when a perpetrator enters bankruptcy proceedings. These debts will survive bankruptcy. And, critically, these changes will apply not only to future cases but to bankruptcies currently in progress. There are victims-survivors right now, today, who are being denied justice under the existing framework. This bill reaches them, too.

There is nothing radical about these reforms. They are a logical and long overdue consequence of a simple belief—that perpetrators of child sexual abuse should not be able to use financial structures to escape accountability.

When the royal commission gave a platform to victims-survivors, our nation had a mirror held up to itself. We learnt that child sexual abuse does not end when the abuse ends. Its effects are lifelong and profound. We know that victims-survivors frequently carry trauma into adulthood, where it affects their mental health, their physical wellbeing, their relationships, their education and their ability to fully participate in work and community life.

The website for the royal commission has a section dedicated to sharing the stories of victims-survivors. I'm reminded of one, from Trev. During his session, Trev outlined how the abuse he endured had shaped his life—his need for lifelong psychiatric help over 40 years and his many trips to psychiatric hospitals. He disclosed that he had been diagnosed with PTSD and severe depression and has been on medication for a very long time.

Trev's story, like that of so many other victims-survivors, highlights why this legislation is so crucial. Many face persistent barriers to stable employment and financial security. The harm they have experienced is not only emotional and psychological; it is deeply material. The financial compensation a court awards is not symbolic. It is a recognition of real, ongoing harm. It's resources that may help a person access therapy, maintain stable housing or rebuild a life that was disrupted in the most fundamental of ways.

When a perpetrator shields their assets in superannuation while a survivor struggles financially, often as a direct result of the abuse they suffered, it does not just deny them money; it reinforces the concern that many victims have that the system is not built for them. That cannot be a message allowed to stand. Compensation orders cannot be unenforced, otherwise it corrodes confidence in the justice system more broadly. If victims-survivors and the wider community cannot trust that court orders will be meaningful and that accountability will be real, then we are failing in our most fundamental obligations.

The courage and fortitude that is required to reach the point where this legislation becomes relevant is enormous. Coming forward is not a simple process, especially decades after the abuse. It requires a kind of strength that is difficult to fully comprehend. Victims-survivors must confront not only their own pain but often disbelief, scrutiny and the retraumatising of legal proceedings. They must relive painful experiences in pursuit of outcomes that are never guaranteed.

For many, the decision to go to the courts represents years of internal struggle. They don't do it only for themselves but because they believe and they hope that the system will deliver justice for them—that the law will say, 'What was done to you was wrong, and there are consequences.' When a court does exactly that, it awards compensation, and then that award goes unpaid, we are not only failing the individual; we are betraying the trust of every victim-survivor who is watching, wondering whether it is worth coming forward. This legislation is an answer to that question. It is worth it.

We know how important this bill is, but we also know that it is not the end of the road. The superannuation and bankruptcy systems are technical and complex. This legislation is carefully designed to be enforceable and consistent with broader legal principles. It closes a clear loophole, but there is more work to do, and the Albanese Labor government is committed to continuing this work. We have heard clearly and powerfully the voices of victims-survivors and advocates who are already looking to us to build on these reforms. Their lived experiences must remain at the centre of this conversation. They know where the system is still falling short.

When victims-survivors tell us that, it is our responsibility to listen and to act. That is why reviewing the implementation of this measure is required. This parliament must not simply pass this legislation and move on. We must remain engaged with whether these provisions are working in practice, whether victims-survivors are genuinely benefiting and whether changes are needed. Our policy work must continue to be shaped by victims-survivors, advocates, legal experts and practitioners. We must ask honestly whether the law is delivering on its intent and whether barriers remain that must be removed.

A court order has to mean something. When a judge awards a compensation to a victim-survivor of child sexual abuse, that shouldn't be the start of another fight; it should be the beginning of some kind of resolution. This bill makes sure perpetrators can't just move money around or declare bankruptcy to get out of paying. That is what this bill does. But, for victims-survivors who have been waiting sometimes for years for that compensation to arrive, this matters a great deal.

I think about the people who will never see this debate and who have contributed to us getting to this point: those who were let down by a system that was weighted against them; those who decided that, after all they had endured, another fight wasn't worth it because nothing ever seemed to change; and those whose light was extinguished by an act of pure evil. I hope this is evidence that it does change—yes, sometimes slowly and imperfectly, but it does change.

I also think about the victims-survivors who are still in the middle of their fights right now, still waiting on a court, still wondering if the compensation order they're hoping for will actually mean anything. We're doing this for them. It means that, if they get that order, we've done more to make sure it sticks. We owe it to every single one of them to get this right, to keep listening and to keep going. I commend the bill to the House.

Debate adjourned.

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