Kara Cook (Bonner, Australian Labor Party) Share this | Hansard source

The Australian child maltreatment study estimates that around one in four Australians aged 16 years and over have experienced child sexual abuse, with females twice as likely to have experienced child sexual abuse than males. These estimates are conservative because they do not include many online forms of child sexual abuse. The Australian Centre to Counter Child Exploitation has reported that online child sexual abuse and exploitation have grown exponentially in recent years.

We must also acknowledge that child sexual abuse rarely occurs in isolation: 78 per cent of victims-survivors of child sexual abuse said the abuse occurred more than once, 42 per cent said it occurred more than six times and 11 per cent said it occurred more than 50 times. These numbers are confronting and very sobering, but behind every statistic is a person—not just a person but a child, a child whose trust was violated, a child whose safety was stolen, a child who was failed by adults and by systems that were supposed to protect them.

Legislation like this is one of the reasons I came to this place. Legislation like this, supported in a bipartisan way, reminds us of the power of this parliament to affect meaningful change for some of the most vulnerable in our society. This reform should remind us all in this chamber that some issues rise above politics. Protecting children, supporting survivors and ensuring accountability for perpetrators are not partisan values; they are national values.

For too long, perpetrators of child sexual abuse have been able to hide assets in their superannuation—shielding wealth, evading accountability and denying survivors compensation they are owed. That is not simply a loophole; it is a profound failure of our system. Justice must be more than words on paper. Justice must be real, enforceable and meaningful. It must be felt by those who have already endured the unimaginable.

Survivors of child sexual abuse carry with them a burden that no person should have to bear. We've heard many accounts in this chamber over the last day and today about the trauma and the grief they carry as well as the lifelong impacts they carry of crimes committed against them when they were at their most vulnerable. For too long, many survivors have carried something else as well: the knowledge that, even after finding the courage to come forward, even after fighting through the courts and even after securing a judgement in their favour, they could still be denied that compensation—denied because perpetrators manipulated the system and offenders hid their assets in superannuation accounts, denied because bankruptcy protection was used in calculated ways to avoid paying compensation owed to those survivors. That is not justice; it is injustice compounded. Survivors should never have to fight for justice twice.

We know from the Royal Commission into Institutional Responses to Child Sexual Abuse that many survivors do not disclose abuse for years—sometimes decades, sometimes never—not because they are unwilling to speak but because trauma does change people, and shame also silences people. Many survivors have been manipulated into believing that what happened to them was somehow their fault. For many survivors, pursuing civil action is not about financial gain; it is about acknowledgement and accountability and having a court formally recognise the harm that was done to them. That process can take years. It can involve reliving trauma repeatedly through court proceedings, medical evidence and cross-examination. As a former lawyer, I have seen that happen over and over again through our court systems, not just in circumstances of child sexual abuse but also in domestic violence and criminal cases. And after all of that, after finding the courage to come forward and after enduring the retraumatisation that legal processes can involve, survivors should not have to discover that their entitlement to compensation can be defeated through financial engineering.

That is why the Albanese Labor government has introduced this legislation known as the survivors law, a reform that sends a clear and unequivocal message: there is no place in our system for perpetrators to exploit legal and financial structures to evade responsibility for the harm they have caused. This reform did not emerge in isolation. It is the product of years—indeed, nearly a decade—of tireless advocacy under this government and the former government. It built on the voices of survivors, the determination of advocates and the courage of individuals who refuse to accept that the system should work against those it was meant to protect. I want to acknowledge those survivors who shared their stories publicly, often at enormous personal cost—those who relived trauma in pursuit of reform, those who persisted despite setbacks, delays and disappointment. Their courage has driven this legislation, their advocacy helped shape it, and their voices will continue to guide future reform.

The problem we are addressing is clear: under existing arrangements, superannuation has, in many cases, been treated as an untouchable asset, effectively beyond the reach of civil compensation processes. Perpetrators have exploited this reality. They have structured their finances to minimise visible assets while transferring wealth into superannuation accounts. In some cases, millions of dollars have been shielded. Some offenders have even declared bankruptcy while significant funds remained in superannuation accounts and out of the reach of the very people they harmed. The law has not kept pace with the reality of how these individuals operate. That is the loophole, and we have a duty to close it.

Through this legislation, we will be doing exactly that. This bill ensures that, where there is a valid court order for compensation relating to child sexual abuse and where the compensation remains unpaid, victims-survivors may seek access to certain superannuation contributions made by the perpetrator. Specifically, this includes additional contributions such as voluntary contributions and salary sacrifice amounts paid into superannuation accounts. This is a targeted reform. It does not dismantle Australia's superannuation system, nor does it undermine the broader principle of retirement saving protections. What it does do is ensure that superannuation can no longer be weaponised as a shield against accountability. Importantly, the bill also amends the Bankruptcy Act to deliver practical and enforceable change.

Under existing settings, superannuation is largely protected during bankruptcy proceedings, even where an individual has substantial outstanding liabilities. This bill makes clear that such protections must not extend to circumstances where they are being used to avoid paying court ordered compensation to victims-survivors of child sexual abuse. Specifically, the amendments enable trustees and courts to identify and recover certain superannuation contributions that would otherwise remain shielded. These are funds that in many cases were deliberately channelled into superannuation to place them beyond reach. By bringing their contributions within scope, the bill ensures that the true financial position of a perpetrator can be considered and that bankruptcy cannot be strategically used to frustrate justice.

Alongside these changes is a carefully designed mechanism involving the ATO. For many survivors, a key barrier has been the absence of information—whether superannuation assets exist and whether pursuing legal action is likely to result in any meaningful outcome. This bill also addresses that gap. Victims-survivors will be able to apply to the ATO for limited information about a perpetrator's superannuation interests for the purpose of informing a decision about whether to seek a court order.

Importantly, this is not an unrestricted disclosure regime. It is tightly controlled, subject to strict eligibility and supported by safeguards. Requests will only be available where there is a relevant connection to the child sexual abuse claims, and the information released will be limited to what is necessary to indicate whether eligible superannuation contributions may exist. These technical measures matter. They ensure survivors are not forced to pursue costly and retraumatising legal action without knowing whether assets are actually available. They provide transparency and they reinforce the principle that our legal and financial systems must not be capable of being manipulated to avoid accountability. Together, these amendments transform this reform from principle into practice, delivering a system that is fairer, more transparent and more firmly on the side of survivors.

There are complexities in this legislation, particularly regarding civil findings and broader retrospective application. These issues must be worked through carefully and responsibly. That is why this legislation includes mechanisms for review and ongoing assessment of how the law operates in practice. In developing this legislation, the Albanese Labor government listened closely to survivors and advocates.

In January 2023, the government released a discussion paper exploring options to better support victims and survivors of child sexual abuse. The government listened to feedback and acted on it. As a result, the bill was strengthened, the scope of accessible contributions was expanded, and certain defined benefit accounts were brought within scope in appropriate circumstances. Likewise, the look-back provision for contributions was extended because we know financial manipulation often occurs over a longer period of time. These changes matter because they reflect the lived experience of survivors and the practical reality of how perpetrators act. They will help ensure this reform is not merely symbolic but actually effective.

I also want to say clearly to victims-survivors that this legislation is an important milestone, but it is not the final destination. There are further issues requiring consideration, and there may be additional reforms needed in the future. Parliament must continue to listen to survivors, continue examining how systems can be weaponised against vulnerable people and continue identifying opportunities for reform. That is our job in this place.

I want to again acknowledge the persistence of survivors, advocates, community leaders and organisations who brought this issue to national attention and whose stories were told, again and again, in the hope that someone would finally listen. I particularly acknowledge those who stood alongside the Assistant Treasurer and Minister for Financial Services, Dan Mulino, when this legislation was introduced. I was proud to stand there on that day and hear the words of Edan Van Haren, who said:

As a survivor of child abuse, I stand here not just for myself but for every child who hasn't found their voice yet. This is not just a personal issue; this is a community responsibility.

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As a country we need to do better. We need stronger laws and we need longer sentences for offenders. They must have real consequences for the lies that they destroy. It takes us all and it starts with these laws.

I want to acknowledge advocates like Edan who transform deeply personal pain into a campaign for change that will benefit others. I also want to acknowledge organisations in Queensland, like Bravehearts and the Daniel Morcombe Foundation, who do extraordinary work advocating for victims-survivors for legislative change over not just years but decades and who continue to work every single day to keep our kids safe.

The Albanese Labor government will not stop until we are confident that our systems are delivering for survivors and protecting the most vulnerable members of our community. Child sexual abuse is the most abhorrent crime imaginable. It leaves lifelong scars—physical, emotional and psychological—and is committed against those who are least able to protect themselves. It demands a response that is compassionate, practical and strong. No law can undo the harm of child sexual abuse. No legislation can restore what has been taken. But this parliament can decide whether our system protects perpetrators or supports survivors. This bill makes that choice clear. It closes a loophole that never should have existed, it strengthens accountability and, most importantly, it tells survivors that this parliament has heard them and that their voices matter. I commend the bill to the House.

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