Kristy McBain (Eden-Monaro, Australian Labor Party, Minister for Regional Development, Local Government and Territories) Share this | Hansard source

In rising to support this bill, I want to acknowledge the deep pain and hurt of members of my own community. This legislation seeks to right an historic wrong that affected people in communities across Australia, including my own. These are people who have already suffered too much: victims-survivors of child sexual abuse.

This legislation follows a fundamental principle that perpetrators of child sexual abuse should not be able to hide from accountability. Trauma does not end when the abuse ends. For many survivors, it is something that they must navigate every day, often in silence and without adequate support. Some survivors face barriers to stable employment and financial security, meaning the harm they experience is not only emotional and psychological but also material. Our compensation legislation should support victims and victims-survivors.

Under these reforms, where a court-ordered compensation debt remains unpaid after 12 months, victims-survivors will be able to seek access, through a court order, to certain superannuation contributions made by the offender. This includes additional personal and salary-sacrifice contributions, which have previously been used as a vehicle to shield assets from enforcement.

An important component of this schedule ensures that compensation debts do not disappear through bankruptcy. By allowing these debts to survive bankruptcy proceedings, we are reinforcing a clear and necessary message: financial manoeuvring must not override moral and legal responsibility. Bankruptcy should not be a refuge from accountability for serious harm.

A 2019 Deloitte study estimated that violence against children and young people cost $11.2 billion in New South Wales alone. This legislation is deeply personal to many people in my electorate. I have heard their stories and have been moved by their courage. The passage of this bill is the culmination of a sustained and honourable campaign by a dedicated collection of people in my electorate of Eden-Monaro.

Everyone in the Bega Valley was shaken by the crimes committed by Maurice Van Ryn, who was convicted of abusing nine children between 2003 and 2014. Van Ryn was also convicted of abusing a 10th child in 2019. In 2023 the Supreme Court of New South Wales awarded the 10th victim, Edan Van Haren, $1.4 million in damages for the abuse he endured. Van Ryn then declared bankruptcy in December 2023. Under the existing laws, this would extinguish his debt and deny victims-survivors justice. This legal escape-clause allowed Van Ryn's abuse of Edan to continue, hiding his superannuation against the compensation he owed to his victims.

When I was first elected as the member for Eden-Monaro, in 2020, the campaigners for this change in my community came to me and explained the work that had already been done. I was moved enough to use my privileged position to take up this cause. I want to thank Attorney-General Michelle Rowland and Assistant Treasurer Dan Mulino, who have worked tirelessly to deliver this life-changing reform for victims-survivors. These new laws will close a deeply unjust loophole and give victims-survivors access to the compensation they are owed.

I want to extend my genuine gratitude and admiration to victims-survivors like Edan Van Haren for their bravery to sustain this campaign and push the government to make our laws fairer for victims. For Edan, this took countless meetings with the Assistant Treasurer and the Attorney-General to iron out the specific ways this reform could be implemented that could stand against challenge and pass through the parliament as quickly as possible after introduction.

Other campaigners that I would like to thank for their sustained efforts include Nicholas Cavanagh, who was another victim of Maurice Van Ryn; Edan's grandmother Carolyn Kelly, who is a solicitor on the Mid North Coast of New South Wales; David Neyle, a Super for Survivors campaigner and local community advocate from the Bega Valley; Andrew Carpenter, a partner at Websters Lawyers; Fighters Against Child Abuse Australia founder Adam Washbourne; abuse survivor, actor and advocate Madeleine West; and all the campaigners from the Super for Survivors campaign.

In preparation for delivering this speech, Edan asked me to say this:

I know there is a lot of anger around this topic of survivors—and everyone wants to 'get revenge' on these monsters and make them pay.

And I've been angry, so bloody angry. Wishing I could just start life over again, wishing I could make this insidious pain and struggle I deal with everyday just disappear.

But that's not what this is about, this is about all of us, this is about Australia, this is about the absolutely monumental effect the cause of child sexual abuse has on every aspect of Australian life.

The sheer number of people who contact me to share their story—everyday my heart tearing just a little bit more.

We should not have had to spend our lives suffering because of a decision adults made towards us as innocent children.

We need a change, we need to heal, Australia needs to heal. So I beg you, please help us heal. Please help us heal at the expense of the responsible party, not at the expense of the rest of Australia.

No more hiding money in super, and absolutely no more to allowing bankruptcy to be used to clear the pain caused by this disgusting behaviour.

Super for Survivors campaigner and local Bega community advocate David Neyle also asked me to relay his words:

I started this campaign in 2017, after recognising that perpetrators of child sex offences were able to weaponise the existing legal system, and use it against victims who dared to seek civil compensation for the harm done to them.

With the passing of this Bill, we can bring this abhorrent practice to an end.

As one victim-survivor of Maurice Van Ryn said, after witnessing this Bill presented to Parliament in March, 2026, we have taken back the power from this monster.

I also would like to thank local media, with particular reference to Bega District News, Power FM, ABC South East NSW, A Current Affair and Region Media Group for continuing to shine a light on this issue and ensuring it did not leave the agenda of government. As a parliament, we must recognise that the impacts of child sexual abuse are enduring, complex and profound and that our response must be equally serious, sustained and centred on those who have been harmed. For too many survivors, a court ruling in their favour has not translated into real-world outcomes. They have endured the trauma of legal proceedings, only to face further distress when compensation orders go unpaid, compounding the harm. When survivors tell us that the system still falls short, it is our responsibility to listen. It is important to remember the voices that we do not hear. According to the Australian Institute of Health and Welfare, only a third of sexual assaults are reported to police.

Making sure our legislation remains fit for purpose and meets the expectations of community is critical, which is why reviewing this measure after its implementation is also essential. This will ensure that parliament does not simply pass legislation and move on but remains engaged with how those reforms are working in practice. It provides an opportunity to assess whether victims and survivors are benefiting and whether additional changes are required.

This reform is about righting wrongs, restoring fairness and ensuring accountability in our legal system. I am proud to be part of a government that has delivered this reform. I'll continue to support victims-survivors and advocate on behalf of our community, and I am really proud that this parliament will come together over this bill. I proudly commend the legislation to the House.

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