Carina Garland (Chisholm, Australian Labor Party) Share this | Hansard source

The Albanese Labor government is committed to standing with victims-survivors, and I want to thank all victims-survivors and advocates for their work in informing this Treasury Laws Amendment (The Survivors Law) Bill 2026. We are committed to ensuring our legal and financial systems work in the interests of justice, not in the interest of offenders seeking to evade responsibility. That's exactly what this legislation does. It works in the interests of justice.

This is an important and overdue reform. It is a reform grounded in justice, accountability and dignity for victims-survivors of child sexual abuse. It is a reform that says clearly and unequivocally that perpetrators of these abhorrent crimes should never be able to hide behind financial loopholes to avoid paying compensation owed to those they have harmed. We will always stand with victims-survivors. I will always stand with victims-survivors. For far too long, there has been a deeply unfair loophole in our system, a loophole that has allowed convicted child sexual abusers to shield assets in superannuation accounts while refusing or avoiding paying court ordered compensation to victims-survivors.

That loophole has caused immense distress and frustration for survivors. After enduring unimaginable and horrendous abuse, after showing the incredible courage to come forward, after participating in deeply traumatic legal proceedings and after securing a compensation order through the judicial system, too many survivors are left facing the devastating reality of the offender still refusing to pay. They have to face the reality that the assets of the offender remain protected. This means that justice is incomplete. This means that justice is not delivered. This can no longer be the case. This bill closes that loophole.

The bill establishes a very clear principle that convicted perpetrators of child sexual abuse cannot use the superannuation system as a shield against accountability. Under these reforms, victims-survivors will be able to apply for a court order to access additional or salary-sacrificed superannuation contributions made by the offender where a related compensation order remains unpaid after 12 months. Importantly, victims-survivors will also be able to apply to the Australian Taxation Office with appropriate safeguards to identify whether eligible superannuation exists before seeking that court order. This is a really practical, targeted measure and, most importantly, it is a reform designed to deliver meaningful outcomes for survivors.

We know child sexual abuse causes profound and lifelong harm. Its impact extends across every aspect of a person's life. It affects mental health, physical wellbeing, relationships, educational outcomes, employment and financial security. For many victims-survivors, the trauma does not end when the abuse ends. It's carried on for years and often decades. Too many people face ongoing barriers to stable work and economic security as a direct consequence of the abuse they suffered as children. So this issue before the House is not simply about financial compensation; it's about recognition and accountability. It's about ensuring that victims-survivors are not left carrying the burden alone while perpetrators continue to benefit from protected assets.

Justice often means more than just securing a conviction. It's about ensuring meaningful redress. What message does it send when a perpetrator can accumulate significant savings while refusing to pay compensation ordered by a court? What message does that send to survivors who have already endured so much? By not closing this loophole, we undermine confidence in the justice system. What has happened before compounds trauma. It perpetuates unfairness. It's wrong. It needs to change. This bill seeks to restore balance. Our reforms say very clearly that our financial systems must align with our values, and our values demand justice and accountability.

This bill also introduces important amendments to the Bankruptcy Act 1966. These amendments will ensure compensation debts owed to victims-survivors survive bankruptcy. That's a critical part of what we're putting before the House today. Bankruptcy should never become a refuge from accountability for perpetrators of child sexual abuse. Financial manoeuvring must never override moral and legal responsibility, and these reforms ensure offenders cannot simply walk away from debts owed to survivors through bankruptcy processes.

Another important feature of this legislation is that it applies not only prospectively but also to historical compensation orders that remain legally enforceable. That matters greatly, because there are survivors right now who have been denied justice under the existing framework; there are survivors who have waited years for compensation that was lawfully ordered by the courts. This legislation recognises their experiences and seeks to address those existing inequities.

These reforms did not emerge in isolation. They are the product of years of incredible, courageous advocacy from survivors, families and organisations determined to improve a system that has too often failed victims-survivors. I want to acknowledge the extraordinary courage of, and to deeply thank, the survivors who have spoken publicly about their experiences. That bravery cannot be overstated. Coming forward is never easy. Reliving trauma in public is never easy. Yet survivors and advocates continued to push for change because they believed future survivors deserved a better system. And because of their advocacy, because of their courage, our government is acting.

I want to acknowledge, too, the organisations that have campaigned tirelessly for reform in this area—organisations like Bravehearts, the Grace Tame Foundation, Fighters Against Child Abuse Australia, the Carly Ryan Foundation and Super for Survivors. These organisations, alongside survivors and advocates, have played a vital role in bringing these issues to national attention, and their advocacy has made a real difference.

Our government has listened to what these organisations and survivors have had to say. We've listened to the many Australians who believe that perpetrators should not be able to exploit legal and financial loopholes to escape accountability and to deny people justice. I want to thank very deeply those in my community of Chisholm who've taken the time to contact me and speak to me about this very important issue.

Importantly, our government has also committed to reviewing the operation of these laws, after full commencement, to ensure that they are operating effectively for victims-survivors. This is really important, because this legislation should not be viewed as the end of the conversation. Instead, it is a significant step forward and establishes an important foundation. But we must continue listening to survivors and looking for opportunities to improve outcomes and strengthen justice at every juncture.

I believe this place is at its absolute best when we work together to deliver meaningful reform for those in our communities who need it most. I do want to acknowledge the bipartisan and crossbench support that has been expressed for this legislation, because protecting children and supporting victims-survivors should never be a partisan issue.

The reforms before us today are about basic fairness, about justice, about accountability and about ensuring the law reflects community expectations. At the heart of this bill is a very simple idea: if a court has ordered compensation for a survivor of child sexual abuse, convicted perpetrators should not be able to shield their wealth while refusing to pay. I think this is fair and long overdue.

To any victims-survivors watching this debate today: the message from the government and the parliament is clear. We hear you, we believe you and we are committed to ensuring our systems deliver accountability and justice. I commend the bill to the House.

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