Pat Conaghan (Cowper, National Party, Shadow Assistant Treasurer) Share this | Hansard source

Can I start by first acknowledging all the victims-survivors. We can stand in this place and speak to bills such as this one, the Treasury Laws Amendment (The Survivors Law) Bill 2026, and we can work in the sectors that support victims-survivors, but we can never understand what they have been through and the scars that they endure for the rest of their lives. I'd just like to start by acknowledging them, their strength and their advocacy for the people they support as well.

Perpetrators of child sexual abuse should never be able to hide from justice or retribution, and our legal system should never provide those found guilty with loopholes to hide behind in plain sight. These heinous acts must be punished with the full force of the law and all perpetrator freedoms must be duly revoked. I believe that these offenders have a special place reserved for them in hell.

I often speak about my time in the police as a country copper, as a detective and then as a prosecutor. I saw some terrible things—countless fatalities, suicides—but nothing stuck with me like child sexual assault or child exploitation material. That was the only thing that continued to bother me when I left the police. As a result, I went into law and I made a decision there and then, on day one, that I would never take a brief for child sexual assault or child exploitation material. And I slept well every single night. As I said, these people have a special place reserved for them in hell, and we can never know and never understand the true trauma that the victims-survivors actually go through. We can watch it, we can observe it and we can walk with them, but we'll never understand. That is why this bill is so important.

Victims-survivors carry the scars inflicted upon them for life through no fault of their own. They live with mental health challenges and stigma every single day. In many cases, these ongoing impacts affect the survivors' ability to maintain healthy and positive relationships, including long-term employment opportunities, and achieve financial stability and security. It is imperative that we as a parliament provide the framework to support those people.

The bill we are discussing here today is a positive and necessary step, and I know it will be a welcome relief for the many contributors to the final iteration we see in the House today. It's been an excruciating wait over eight years since the original coalition led consultation that specifically dealt with superannuation. I'm sure that, on both sides of the floor, we agree with its swift and immediate passing in the best interest of all survivors of child sexual abuse and their families.

These measures are entirely apolitical and bipartisan, and so they should be. I'd like to genuinely thank the Assistant Treasurer for his open and considered approach in relation to these issues to date. I'd also like to acknowledge the work of the former coalition minister for financial services Kelly O'Dwyer for making a start on these reforms back in 2018. I do need to stress that this is a first step and that there is much more to be done when it comes to victims of crime more broadly. I say that with the survivors and the advocates in mind. Please know that we have heard you and we know there are more considerations that must be taken into account as quickly as possible that this bill may not have directly addressed. To give credit where credit is due—I know that the Assistant Treasurer is committed to working through all the implications for the final steps.

With that, I'd like to run through the specific problem that this bill seeks to address and why it is critical that we do what we are doing. In the past, where an offender knows that they will be facing court, they have transferred assets into their superannuation in an attempt to avoid compensation to the victim-survivor. That was a gaping loophole and one that was identified by victims-survivors and advocates a long time ago. You might ask, 'How could that possibly occur?' The answer is as simple as it is unethical. The perpetrators have hidden their assets in their superannuation and declared bankruptcy to avoid having to pay their victims the amounts they have legally been awarded through our justice system. Due to the historic protections around superannuation accounts, this evil loophole has been easily exploited.

As I indicated, as a former prosecutor and later a defence lawyer, I'm well aware that the burden of proof in these case lies squarely with the victim and prosecution. In order for a court to find an accused perpetrator guilty, the amount of evidence that needs to be supplied, retold and relived is as necessary as it is horrific. To know that a victim can be subjected to that torture, finally awarded with a guilty verdict and handed down a compensation amount only to have that compensation ripped away by a legal loophole that goes unchecked is simply unthinkable.

This bill will now shut that loophole. By creating a court supervised process for survivors of child sexual abuse to access certain superannuation amounts held by a perpetrator, this bill allows a court to order the release of the perpetrator's funds that were previously protected under superannuation law. It also allows a court to make an order to release superannuation information that was previously confidential. This is important because transparency and strong deterrent will ensure that abusers can't hide their assets.

I would like to acknowledge and recognise the contributions of Carolyn Kelly. Carolyn is a New South Wales solicitor in Port Macquarie. She's a grandmother to Edan Van Haren, a child who suffered horrific abuse at the hands of prominent CEO Maurice Van Ryn. Van Ryn was found guilty in July 2023 and ordered to pay compensation amounting to $1.4 million plus legal costs. To date, Edan has not received his court directed amount, and that's due to Van Ryn's exploitation of the Bankruptcy Act. With Edan and his family in mind, we must pass this bill as swiftly as possible to immediately assist all victims currently left waiting and without their due compensation.

I do want to note some of the concerns and suggestions from the Law Council of Australia and the Australian Lawyers Alliance and ask that we monitor cases closely once the changes begin. The Law Council said:

It appears likely that once in place, the proposed framework will create a demand for legal assistance from victim-survivors seeking to access the scheme. Consideration should be had to ensuring these reform measures are accompanied by adequate increases to frontline legal services, to ensure there is sufficient capacity to respond to this increase in legal need.

The Association of Superannuation Funds of Australia said:

It would be possible for an offender to fund a contribution to the superannuation account of a third person, such as a family member or friend, with an understanding that when that person becomes eligible for a benefit they will remit a portion of their superannuation benefit to the offender.

We have to ensure that closing this loophole does not open another one and that victims are adequately supported to take advantage of the new legislation.

But we will not let perfect be the enemy of good in this instance, and I fully agree with my colleagues around the floor. This legislation is critical. This legislation is just and considered, and this legislation must be passed immediately.

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