Allegra Spender (Wentworth, Independent) Share this | Hansard source

I rise today with honour to speak in support of the Treasury Laws Amendment (The Survivors Law) Bill 2026. Before I address the substance of the bill, I want to acknowledge those who have made this reform possible: advocates like Super for Survivors, Bravehearts, the Grace Tame Foundation, Fighters Against Child Abuse Australia, the Carly Ryan Foundation and the many victims-survivors and advocates who have shared their stories, often not just once but over and over again during consultation, media moments and closed-door discussions. We thank you, and we are deeply sorry for the pain you've been forced to carry. It takes an incredible amount of courage to speak up about what has happened to you, and even greater courage to do so on behalf of others to ensure that it will not happen to them. This is, sadly, too often how important legislation like this can happen.

Let's turn to the bill. This bill attempts to confront a unique injustice: perpetrators of child sexual abuse who use the superannuation system to shield assets from compensation claims. Currently, perpetrators can make large contributions to their superannuation, sometimes to the tune of millions of dollars, which are, in most cases, protected from creditors, and then declare bankruptcy to avoid paying compensation that their victims are owed. This is no longer just a loophole; it has been documented to be a deliberate way that perpetrators can continue their abuse by denying victims-survivors the financial compensation and justice they are owed. I'm pleased that the government is finally denying perpetrators the opportunity to utilise this loophole.

This bill creates a framework that enables victims-survivors of child sexual abuse and similar offences to seek access to a perpetrator's superannuation to satisfy unpaid compensation orders arising from criminal or civil proceedings. The legislation includes important safeguards. The framework only applies where a compensation order has remained unpaid for 12 months or more and where the perpetrator has been convicted of or found guilty of certain offences to a criminal standard. In this legislation, these offences relate to child sexual abuse offences. Victims-survivors who meet the criteria must apply to the commissioner, who can then facilitate the release of funds through the creation of a new type of release authority. Perpetrators retain the right to challenge any such order.

This justice matters deeply. We know that victims-survivors experience long-lasting impacts of their abuse beyond the abuse itself. This trauma can go on to impact their mental health, their relationships and their ability to work, study and trust others. We have a responsibility to ensure that the justice, including compensation, that victims-survivors are owed is delivered in its fairest form. Compensation cannot undo harm, but it can recognise these impacts. When perpetrators are able to manipulate the legal system to avoid this justice, this injustice compounds.

I've expressed my support for the bill and will vote for it. However, I want to flag an omission in this legislation which my amendment is seeking to address. The minister himself acknowledged in his own second reading speech that mechanisms for review are necessary to ensure that legislation is functioning as intended. Despite this, there is no such provision in this bill. We cannot simply implement legislation and consider the job done. This is not just for the sake of trust and integrity but for the very victims-survivors this government and this parliament are seeking to protect and empower through this bill. We have an obligation to monitor outcomes, identify gaps and act where a framework is falling short. The government has a responsibility to respond to these reviews as well. Accountability is what turns good intentions into lasting change. My amendment also invites the review to consider whether the framework should be extended beyond child sexual abuse offences.

This bill has rightly been driven by high-profile cases involving child sexual abuse. The advocacy has been sustained, powerful and effective. But the question I ask is: are there other victims-survivors of sexual violence, domestic and family violence or other offences who might equally benefit from a framework that prevents perpetrators from using superannuation to evade their obligations? I want to be unambiguous. I am not seeking to delay this legislation with this question. The reform that victims-survivors of child sexual abuse have fought for deserves to be implemented without hesitation.

I also recognise that different offence categories involve different complexities. Careful consultation with stakeholders and lived experience advocates would be required before any expansion could responsibly be undertaken. That is exactly why this is a question for a review after this legislation has been operating for some time, not a precondition for the bill's passage. My amendment requires the minister to cause an independent review within two years of the legislation coming into effect. The reviewer will have six months to complete the review, and then the minister must table the report in parliament within 15 sitting days of receiving the final report. This review will be asked to consider: (a) whether the amendments are achieving their objective of enabling victims-survivors of child sexual abuse offences to access compensation from a perpetrator's superannuation; (b) the effectiveness of the safeguards established by the amendments; (c) any barriers that have prevented victims-survivors from accessing the framework; (d) whether any further amendments are necessary or desirable; and (e) whether the framework established by the amendments should be extended to victims and survivors of offences other than child sexual abuse offences and, if so, what offences and conditions ought to apply.

This is a modest amendment which enforces a commitment that the minister has already indicated the government would like to make. It is an obligation on us as elected representatives to ensure that the legislation we are writing and voting on is indeed working as intended. I understand that the government is intending to move a second reading amendment in the Senate to show their commitment to a review. Whilst I understand that the government wishes for this legislation to pass swiftly through both houses and, as such, has opted for a second reader, it is frustrating that this cannot be committed to formally through amending the bill itself, rather than through a non-binding commitment. I trust the government's intention on committing to such a review. However, this commitment should be in the form of clear accountability mechanisms, not just words.

This bill is long overdue. It seeks to correct continuing injustices which should never have occurred. It tells a powerful message to victims-survivors that we will not allow the justice system to be manipulated to deny what you are rightly owed. I support this bill and commend it to the House.

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