Trish Cook (Bullwinkel, Australian Labor Party) Share this | Hansard source

I rise today to speak in support of the Treasury Laws Amendment (The Survivors Law) Bill 2026. This bill addresses a simple but fundamental principle of justice: perpetrators of child sexual abuse should not be able to hide behind complex financial structures to avoid accountability. For too long, our legal and financial systems have contained an inadvertent and deeply unjust loophole, one that has allowed convicted offenders to shield their assets in superannuation accounts while the victims and survivors of their crimes are left without the compensation that they are legally or morally owed. Today we move to close that loophole. This is not just a technical correction to our Treasury laws; it is a moral alignment of our financial systems with the values of Australian people. We are making a clear statement that the perpetrator's right to a comfortable retirement does not and will never outweigh a survivor's right to justice and redress.

It is essential that this House understands why this reform is so urgent. Child sexual abuse is not a crime that ends when the physical act stops. Its impacts are enduring, complex and profound. Survivors frequently carry the effects of their abuse into their adulthood, and the experience may ripple through every facet of their lives, affecting their mental health, physical wellbeing, ability to form stable relationships and educational outcomes. We often hear from survivors who have spent decades navigating the world in silence, carrying a burden that was never theirs to carry or to bear.

For many, this trauma directly impacts their ability to participate fully in the workforce. When we talk about the harm caused by the abuse, we are not just talking about the emotional scars; we are talking about material disadvantage. Survivors may face lifelong barriers to stable employment and financial security. They may require ongoing medical care, psychological support and specialised services, which may come at a significant financial cost. The courage it takes for these individuals to come forward, often decades after the events, cannot be overstated. They choose to relive their most painful experiences in pursuit of justice, knowing full well that legal outcomes are never guaranteed. As a parliament, our response must be equally serious, sustained and, above all, centred on those who have been harmed.

For too many survivors, a court ruling in their favour has proven to be nothing more than a paper victory. They have endured the gruelling, often retraumatising experience of legal proceedings. They have stood in front of the law and asked for acknowledgement and yet, even after being awarded compensation, they face the further distress of seeing those orders go unpaid. This compounds the original harm. It sends a message to the survivor that, even after the state acknowledges their suffering, the perpetrator can still win by playing the system. It is a failure of our institutions to deliver on the promise of meaningful redress.

I have met with constituents who have walked this path. They have won their cases only to be told by lawyers that the perpetrator's assets are untouchable because they have been funnelled into superannuation. This is a perversion of the intent of our retirement savings system. Superannuation was designed to provide security in old age, not to act as a safe haven for those seeking to dodge a debt of justice.

Under these reforms, we are introducing a practical, targeted mechanism for enforcement that levels the playing field. Point 1 is direct access to contributions. Where a court-ordered compensation debt remains unpaid after 12 months, victims-survivors will be able to seek access through a court order to specific superannuation contributions. Point 2 is targeting voluntary shielding. We are specifically targeting additional personal and salary-sacrifice contributions. These are the voluntary payments that have previously been used by offenders to park their wealth out of reach. We are not touching their basic employment contributions required for baseline retirement, but we are ensuring that any extra wealth accumulated by the criminal perpetrator is available to pay their victims first. Point 3 is ending the bankruptcy refuge. Crucially, this bill ensures that compensation debts do not simply 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 for accountability for such serious harm. These changes will apply not only to future bankruptcies but also to those that are currently in progress. This recognises that justice delayed is justice denied and that we must act for those who are struggling with the system today.

We acknowledge that the superannuation and bankruptcy systems, although the bedrock of our financial stability, are highly technical. Changes to these systems must be carefully designed to be effective and enforceable, while remaining consistent with broader legal principles. Getting the technical details right is how we ensure that justice is real. We have consulted extensively with legal experts, financial regulators and survivor advocates to ensure these mechanisms will work in practice and not just on paper. This bill should be understood as a significant and necessary foundation. It closes a clear, inadvertent loophole and sends a strong signal about the direction of reform.

We have heard the voices of survivors and advocates clearly, and they are looking to us to continue to build on these reforms, following the passage of this bill. Their lived experience must remain at the centre of the conversation. When survivors tell us where the system falls short, it is our responsibility to listen and act, and that is why the review measure included in this bill is so critical. We are not just passing legislation and moving on to the next item of the agenda; we are committed to remaining engaged. We will assess whether victims are genuinely benefiting, and we will identify additional changes that are required to remove remaining barriers. Our policy must continue to be informed by those who use the system: the survivors, the legal practitioners and the advocates.

Ultimately, this measure is about restoring fairness and dignity. It is about ensuring that the law does not inadvertently protect those who have caused profound harm and are deemed criminals, while leaving their victims without recourse. When an offender retains substantial retirement savings while their victim struggles financially, often as a direct consequence of abuse, it is unacceptable and amoral and it undermines public confidence in our justice system. It risks perpetuating a cycle where the burden of the crime continues to fall on the shoulders of the person who has been harmed.

This bill aligns with our laws and our values. It says that perpetrators must be held accountable. It says that survivors deserve not only recognition but also meaningful support and redress. By passing this bill, we are making it clear that this parliament is committed to the long-term work of listening, improving and building a foundation of justice that survivors can rely on.

To summarise, this bill closes a loophole that has allowed perpetrators of child sexual abuse to shield assets in superannuation and avoid paying court ordered compensation. Survivors can win in court and yet receive nothing, because offenders can park their wealth in protected accounts or use bankruptcy to escape enforcement. These reforms in this survivors bill ensure that judgements can be enforced and that justice is meaningful and not merely symbolic. I commend the bill to the House.

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