Daniel Mulino (Fraser, Australian Labor Party, Assistant Treasurer) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

In beginning this speech, I wish to acknowledge the survivors and advocates, and their families, who have joined us in the gallery for the introduction of this bill. I recognise:

Their presence here today is deeply significant. It reflects not only courage, but their enduring commitment to justice, advocacy, and hope.

I acknowledge the bravery of the victim-survivors who spoke at a media conference that we held before the commencement of proceedings today. Their words were incredibly powerful and eloquent, and I thank all those who were there.

I also acknowledge the many organisations that have advocated for the introduction of this bill over a long period of time, including, but certainly not limited to, Super for Survivors, Bravehearts, the Grace Tame Foundation, Fighters Against Child Abuse Australia, and the Carly Ryan Foundation.

I won't be able to give an exhaustive list, but can I acknowledge a few people who are in the chamber. The member for Boothby and the member for Eden-Monaro have advocated for this measure for a very long period of time. I also see that the member for Lyne is here, and there are others in the chamber for this speech today.

These reforms have not emerged in isolation. They are the result of sustained advocacy, lived experience, and the determination of survivors and their supporters to improve a system that has too often failed them.

This bill will enable victims and survivors of child sexual abuse offences to seek access to a perpetrator's superannuation to satisfy unpaid compensation orders, where a criminal conviction has been made.

At its core, this bill is guided by a simple but 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 in superannuation while victims and survivors are left without the compensation they are owed. This bill closes that loophole and affirms that financial systems must not operate in a way that undermines justice.

This bill aims to prevent superannuation being used to shield a perpetrator's assets from compensation, improve transparency and reduce uncertainty in pursuing compensation. Child sexual abuse causes profound and often lifelong harm. Its impacts extend far beyond the period of abuse itself, in many cases affecting mental health, physical wellbeing, relationships, education, and a person's ability to participate fully in work and community life.

For many survivors, the trauma does not end when the abuse ends. It is something they carry into adulthood, often navigating its effects daily, and too often without adequate support.

The harm is not only emotional and psychological but also deeply material. Too many survivors face barriers to stable employment and financial security, meaning the consequences of abuse can shape every aspect of their lives.

This bill also amends the Bankruptcy Act, allowing compensation debts to survive perpetrators' bankruptcies, improving the ability of victims and survivors to enforce such debt.

There is a growing recognition that justice is not only about securing a conviction but about ensuring meaningful redress.

For too many survivors, a conviction has not translated into real-world outcomes. They have endured the trauma of legal proceedings, often reliving deeply painful experiences, only to face further distress when compensation orders go unpaid. That compounds the harm and undermines confidence in the justice system.

Under this bill, victim-survivors will be able to apply to the Australian Taxation Office (ATO), with appropriate safeguards, to identify any potential eligible superannuation to inform their decision as to whether to seek a court order.

These reforms are a practical and targeted step to address that injustice. They introduce a mechanism to ensure that perpetrators cannot simply wait out their obligations while their financial position remains protected.

Importantly, by allowing compensation debts to survive bankruptcy, this bill sends a clear and necessary message: financial manoeuvring must not override moral and legal responsibility. Bankruptcy should not be a refuge from accountability for such serious harm.

Unfulfilled historical compensation orders brought into existence before the schedule's commencement will be eligible if they remain legally enforceable.

These changes recognise that there are survivors right now who are being denied justice under the existing framework. By applying to both future and current bankruptcies, this bill seeks to address not only future harm but present inequity.

These reforms are intended to strengthen victim-survivors' ability to enforce court ordered compensation and prevent superannuation being used by perpetrators to shield their assets. When offenders retain substantial retirement savings while victims struggle financially, often as a direct result of the abuse they suffered, it undermines confidence in the justice system.

It risks perpetuating a system where the burden continues to fall on those who were harmed, rather than those who caused the harm. These reforms help restore balance and fairness.

The regime established by the bill will be subject to a review after it commences full operation, to ensure that it is operating effectively for victims and survivors of child sexual abuse.

This bill should be understood as a significant and necessary foundation. It closes a clear loophole, sends a strong signal about the direction of reform and establishes a framework that can be built upon in the future.

Reviewing these measures after implementation will be critical. It ensures that this parliament remains engaged with how the law operates in practice and whether it is truly delivering for victims and survivors.

Our approach must continue to be informed by the voices of survivors, advocates, legal experts and practitioners. When survivors tell us where the system still falls short, it is our responsibility to listen and act.

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, while leaving victims and survivors without recourse. It aligns our financial and legal systems with our values that perpetrators must be held accountable and that victims and survivors deserve meaningful support and redress.

I thank members from across the chamber, across all political parties and the crossbench, who have offered their support for this bill and who, this morning, stood alongside me and alongside survivors when we announced this bill's introduction. Today's show of unity has been a demonstration of the parliament at its best.

Full details of the measure are contained in the explanatory memorandum.

Debate adjourned.