Llew O'Brien (Wide Bay, National Party) Share this | Hansard source

I rise to speak in support of the Treasury Laws Amendment (The Survivors Law) Bill 2026 because, at its heart, it's about a simple proposition: perpetrators of sexual crimes against kids should not be able to manipulate the laws to avoid providing financial compensation for their crimes, and survivors should not be forced to keep fighting for justice.

Under the current law, superannuation is generally protected from creditors. That protection is important for most Australians, but it has created a loophole that has been manipulated by criminals and, in this case, the most evil people in our society. We have seen circumstances where offenders have moved assets into superannuation or declared bankruptcy and, in doing so, sought to sidestep court ordered compensation. This is completely and utterly intolerable, and it is something that I can't believe we haven't already fixed but I'm so glad we are fixing, and I commend the government for doing this.

Survivors can do everything to bring about justice for the horror that's occurred to them. Making the complaint and coming forward is hard enough. Taking part in a process that is extremely difficult—the court process—where the offender is found guilty and then having this happen must feel like they're being offended against again. The same type of deception and manipulation and vile behaviour that was perpetrated on them as a child is at play again but being used to hide assets that should be going to the victim to help them recover or live on and survive the horror that's occurred. The bill addresses that injustice by enabling survivors of child sexual abuse, where there is an existing court ordered compensation, to seek access to eligible superannuation amounts held by the perpetrator to satisfy that unpaid order. The bill allows a survivor to apply to the Australian Taxation Office for limited information about a perpetrator's superannuation so they can make an informed decision about whether a court application is worthwhile. Critically, the bill amends bankruptcy law so that compensation debts for child sexual abuse can survive bankruptcy action, which closes the loophole some offenders have used to defeat valid court orders.

We should be clear about why this matters. Child sexual abuse causes lifelong harm and, for many survivors, the abuse does not end when the offending does. Survivors have gone through the court process, as I said before. Just coming forward is extraordinarily difficult. But to go through this and then, as I said, have these evil individuals, who are just human garbage, continue to perpetrate their deception must be so difficult. The coalition's position is clear. We support survivors, and we'll support the bill. Survivors and their families have waited too long while gaps in Australia's superannuation and bankruptcy framework have been exploited by the worst criminals. I acknowledge the work of the former coalition government in bringing the legislation forward. Most importantly, I acknowledge those survivors, their families and advocates, many of whom have come to this place and shared their stories with extraordinary courage. This reform is a result of years of persistent advocacy.

Of course, no single bill will capture every circumstance. There is more work that should be done in the future to give victims of other serious crimes similar pathways to compensation. But this bill is a major step forward. It restores a measure of fairness to a system that has too often compounded harm and reinforces the principle that court ordered compensation means something in practice, not just in theory. Convicted perpetrators must never be able to get away with their crimes. They must not be allowed to lose in court, declare bankruptcy and expect to be able to preserve their retirement savings while the victim receives nothing. The parliament has the opportunity today to close this loophole and strengthen justice for survivors, and I commend the bill to the House.

Debate adjourned.

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