Renee Coffey (Griffith, Australian Labor Party) Share this | Hansard source

At the outset, I acknowledge victims and survivors of child sexual abuse, including those whose courage, persistence and advocacy have helped bring the Treasury Laws Amendment (The Survivors Law) Bill before parliament.

Some survivors have spoken publicly. Many have not. Some have shared their experiences in courtrooms, in submissions, in media conferences, in meetings with members of parliament or in quiet conversations with people they trust. Others have carried their story privately for many years, often without the recognition, support or justice they deserved. To every survivor who has contributed to this reform, whether publicly or privately, I say thank you. Your courage has helped change the law and your advocacy has helped secure this.

Parliament sees a gap that should never have been allowed to remain. I also acknowledge the families, friends, advocates and supporters who have stood beside survivors through very difficult processes. I acknowledge the victims and survivors who spoke so powerfully before the introduction of this bill. Speaking publicly about trauma is never easy, and it can come at a personal cost. When survivors choose to speak, this parliament has a responsibility to listen with care, with respect and with a willingness to act.

I acknowledge the organisations that have advocated for this reform over a long period, including Super for Survivors, Bravehearts, the Grace Tame Foundation, Fighters Against Child Abuse Australia and the Carly Ryan Foundation. I also acknowledge those members across this parliament who have worked towards this reform, including the member for Boothby, the member for Eden-Monaro, the member for Lyne, members across the chamber and across parties and the crossbench who have supported this very important work. I thank the Assistant Treasurer and Minister for Financial Services and the Attorney-General for bringing forward this bill.

When we debate laws like this, we are speaking about people's lives. We are speaking about the children who were harmed, the adults who carried out that harm and the families who have stood beside the victims-survivors. We must approach this debate with care and avoid language that diminishes, sensationalises or turns a person's story into a political point. We should also recognise that survivors are not a single group with a single experience. Some seek public advocacy, while others seek privacy. Some want court action, while others do not. Some want to speak, while some never will. All deserve respect and all deserve systems that are safe, fair and responsive.

A survivor-centred response starts by recognising that the person who was harmed should not be forced to carry that cost alone. Justice can take many forms: being believed, a conviction, an apology, support to heal or compensation that is actually paid. No single bill can meet every need, but this bill meets a real and serious gap. It gives survivors a new avenue for enforcement, makes it harder for perpetrators to use superannuation as a shield and ensures bankruptcy cannot simply wipe away compensation debts owed to victims and survivors.

This bill goes to a fundamental principle: perpetrators of child sexual abuse should not be able to hide behind financial structures to avoid accountability. For too long, a deeply unjust loophole has allowed convicted offenders to shield assets and superannuation while victims and survivors are left without the compensation that they are owed. That's not only a technical failure in the law; it's a failure in fairness. When a court has recognised harm and ordered compensation, that order should mean something in the real world. A survivor should not be forced to endure the trauma of legal proceedings, secure a court order in their favour and then find that the person responsible can avoid repayment by relying on protected financial structures. That compounds the harm and undermines confidence in the justice system.

No law can undo the abuse that has occurred. No payment can erase the trauma or return the safety, peace or trust that may have been taken away. But compensation can still matter. It can help pay for counselling, health care, housing stability, education, work, care responsibilities and the long process of recovery. It can also provide practical recognition that the person responsible must not be able to walk away from their obligations.

Child sexual abuse can leave deep and lifelong impacts affecting mental health, physical wellbeing, relationships, education, employment, housing, trust and a person's sense of safety in the world. I do want to acknowledge all of the victims-survivors who have come to me since I have been elected as the member for Griffith to talk to me about their personal experiences with this in our community. Some survivors experience financial insecurity not because of any lack of effort or resilience but because abuse can reach into every aspect of a person's life. That is why compensation should not be treated as an abstract legal debt. We are speaking about the cost of therapy, medical care, lost opportunity, instability and years of navigating trauma without adequate support. We're speaking about dignity.

Under these reforms, where a related court ordered compensation debt remains unpaid after 12 months, victims and survivors of child sexual abuse will be able to seek access, through a court order, to certain superannuation contributions made by the offender. This includes additional personal contributions and salary-sacrifice contributions, which have previously been able to operate as a vehicle for shielding assets from enforcement. Victims and survivors will also be able to apply to the Australian Taxation Office with appropriate safeguards to identify whether there may be eligible superannuation before deciding whether to seek a court order. Without visibility, a survivor may be left in the dark, facing cost, uncertainty and stress before they even know if a pathway exists.

This bill improves transparency, gives survivors more information and makes it harder for perpetrators to wait out their obligations while their financial position remains protected. This is not an unlimited or automatic access regime. The bill is targeted, and it is designed to address the misuse of particular superannuation contributions as a shield against lawful compensation. Superannuation and bankruptcy systems are highly technical, and changes must be carefully designed so they are effective, enforceable and consistent with broader legal principles. But the technical nature of the system should never obscure the human reality. If a person has been convicted of child sexual abuse and a court has ordered compensation, they should not be able to use complex financial arrangements to avoid responsibility. Financial manoeuvring must not override moral and legal responsibility.

The bill also amends the Bankruptcy Act to allow compensation debts to survive a perpetrator's bankruptcy. Bankruptcy should not become a refuge from accountability for such serious harm. A survivor should not finally receive a compensation order only to see that obligation disappear because the perpetrator enters bankruptcy. These are not ordinary debts. They arise from profound harm, from abuse and from conduct that has damaged lives. Allowing those debts to survive bankruptcy sends a clear message that accountability does not end because a perpetrator's financial circumstances change.

The bill also recognises historical injustice. Unfulfilled historical compensation orders brought into existence before commencement will be eligible if they remain largely enforceable and were awarded in relation to a criminal conviction or finding of guilt for child sexual abuse. This reform is also for survivors who have already fought for recognition, endured the legal process and still have not received what they are owed.

The bill also reflects a trauma informed approach by protecting the identity of victims and survivors. Certain courts must not publish the name of the victim in relation to these proceedings or related appeals. For a survivor, privacy can mean safety, dignity and control. It can be the difference between being able to seek justice and being deterred from taking another step. A justice system that asks survivors to come forward must also take seriously the risk of retraumatisation. It must not force people to give up their privacy in order to enforce their rights.

I come to this debate informed by my work on the Joint Standing Committee on Implementation of the National Redress Scheme. After joining this parliament about a year ago now, I asked to be nominated to serve on this committee because I believe deeply in its work. Before coming to this place, I worked with children and young people for more than two decades, and I know how important it is that every child is safe, supported and protected by the adults and institutions around them.

The joint standing committee has a critical role in examining whether the National Redress Scheme is delivering what it was intended to deliver—acknowledgement, accountability and a small measure of justice for people who experienced institutional child sex abuse. As a member of that committee, I have heard firsthand from people who have carried the trauma of childhood sexual abuse for years, often for decades. I have heard harrowing accounts of abuse, of institutions that failed to protect children and of the systems that too often required survivors to keep proving their pain before they could be heard. Those experiences stay with you. They reinforce why redress must be more than formal recognition. It must be practical, accessible and grounded in the lived experience of survivors.

I also want to acknowledge the extraordinary work of Micah Projects and their Lotus Place program based in Stones Corner in my electorate of Griffith. Lotus Place provides a safe and trusted place for people living with lifelong impacts of institutional childhood abuse, including forgotten Australians, former child migrants, care leavers and people seeking redress through the National Redress Scheme. They help people understand their options, navigate complex systems, seek redress, access support and rebuild connection, dignity and trust. For many survivors, that kind of support can make the difference between a system that feels impossible to face and a process where they are not left to walk alone. The team at Lotus Place understands that redress is not just paperwork. It is often tied to some of the most painful experiences in a person's life. It requires patience, care, trust and an understanding of trauma. It requires listening without judgement, supporting people at their own pace and recognising that every survivor's path is different. In our community, Micah Projects has long shown what survivor centred support looks like in practice.

I want to acknowledge their team leader, Mark Reimers, and their entire team. When I went to meet with the team at Lotus Place recently, I was expecting a meeting with one or two of their team, but their entire team showed up and sat around the table because of the importance of the work they're doing and how passionate they are about representing and supporting the victims-survivors in our community. I thank Micah Projects, Lotus Place, every worker across our country and every advocate who supports survivors through this difficult and important work.

When offenders retain substantial retirement savings while victims struggle financially, often as a direct consequence of the abuse they suffered, confidence in the justice system is undermined. It tells survivors that the system may recognise their harm in one breath and then protect the perpetrator's assets in the next. That's not fair. This bill helps shift that burden. It says that, if the perpetrator owes compensation and if they have used certain superannuation contributions to protect assets, there must be a pathway for survivors to pursue what they are legally owed. It's a practical reform, but it's also a value statement. It says that our financial system should not be misused to avoid accountability and that our legal system should not unintentionally protect those who have caused profound harm. This bill is a significant and necessary foundation. It closes a clear loophole, sends a strong signal about the direction of reform and creates a framework that can be built upon in the future.

The bill also provides for a full review, after commencement, to assess whether the law is operating effectively for victims and survivors, and that review will be critical. We will need to know whether survivors can access the information they need, whether the court process is workable and whether legal costs or delays remain barriers. In communities like Griffith, and right across Australia, people expect the law to reflect basic fairness. They expect that, when a court says compensation is owed, the law will not then make the compensation impossible to recover. This bill aligns our laws more closely with those expectations.

This bill has been shaped by the voices of people who know, far better than any of us, what it means when the justice system recognises harm but still does not deliver redress. To survivors who have advocated for this change, thank you. To the families and supporters who have stood beside them, thank you to you also. To the organisations who have kept this issue on the agenda, I also say thank you. And to the members of this parliament, from both sides of this chamber, who have worked constructively across party lines, I thank all of you.

This bill is about restoring fairness and dignity. It's about ensuring that the law does not inadvertently protect those who have caused profound harm while leaving victims and survivors without recourse. It is about recognising that justice must be more than words on a page. It must be felt in people's lives. It is about making clear that this parliament is committed to continuing this work, to listening, improving and building on this foundation.

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