Michael McCormack (Riverina, National Party) Share this | Link to this | Hansard source

I am speaking on behalf of the shadow assistant treasurer, the member for Page, who is in the federal budget lock-up as I speak. I rise to speak about Treasury Laws Amendment (The Survivors Law) Bill 2026, noting it is an important piece of legislation. The coalition's position is clear: we support survivors, and we will support this bill. Victims-survivors and their families have waited too long, and I think we all know that. Australia's superannuation and bankruptcy laws have been weaponised by the worst criminals, and, for far too long, the parliament has failed to act.

Under the current law, perpetrators have been able to hide assets in superannuation and avoid paying court ordered compensation. When I became the member for Riverina back in 2010, my predecessor mentioned that this particular element would take up a lot of my time. Kay Hull was right then, and it hasn't changed since then. Under the current law, as I say, perpetrators have been able to hide these assets, and we do acknowledge the work of the Assistant Treasurer for his work to get this law before the parliament. Dr Mulino has done a power of work in this regard. We also want to acknowledge the work of the former minister for financial services and former member for Higgins, Kelly O'Dwyer, who began the work on these reforms back in 2018. Most importantly, we thank the survivors. Above all else, we do thank the survivors, we acknowledge them, and we recognise them. We also acknowledge their families and the advocates, many of whom came to parliament in March, showing bravery, showing resilience and certainly demonstrating perseverance and persistence.

This reform is the result of years of advocacy by survivors and their advocates. There is more work that could be done to strengthen these laws even further. Indeed, I will put on the record that the 2018 reforms considered whether all victims of serious violent crimes should be able to access a perpetrator's superannuation as compensation. But we will not allow the perfect to be the enemy of the good, particularly when it comes to supporting victims of child sexual abuse. This is not about politics. It isn't, and it should never be. This is not a partisan issue. It should be one that unites the parliament in our shared goal to protect children and to rebuke predators. I think the parliament is seen at its best when it comes together on issues such as this to bring about reform that is good, that is lasting and that is incredibly worthwhile.

Under the current law, we have a situation where paedophiles—the lowest of the low, the worst of the worst—have been able to boast that their victims won't see a penny of their superannuation. Survivors should not have to fight their abusers once in court and then fight them all over again to get compensation. This must not be so. The current loophole has allowed perpetrators to shield assets in superannuation, declare bankruptcy and leave survivors with absolutely nothing. The Australian parliament is saying, with a unified voice, that enough is enough. It's time for change. Superannuation is for retirement. It should not be used to deny compensation to survivors of child sexual abuse.

I just want to outline some of what this bill does. It creates a court supervised process for survivors of child sexual abuse to access certain superannuation amounts held by a perpetrator. It applies where there is a court ordered compensation debt. The bill allows survivors of child sexual abuse to seek limited information from the Australian Taxation Office about a perpetrator's superannuation. It allows a court to make an order to release eligible superannuation amounts. It requires the Commissioner of Taxation to issue release authorities to superannuation funds to facilitate payment, and that's important. It also ensures compensation debts for child sexual abuse survive bankruptcy. Perpetrators should not be able to abuse a child, lose in court, declare bankruptcy and then preserve their retirement savings whilst their victim receives nothing.

We know that child sexual abuse causes lifelong harm. It does. It truly does. It can affect a person's health. It can affect a person's relationships, a person's education, their employment, their employment prospects and their financial security. For many survivors, the abuse does not end when the offending ends. They carry the trauma, the stigma and the psychological and physical effects for years and years. Many also carry the financial consequences. This must be changed, and this bill goes part of the way—a lot of the way—to addressing that.

Some survivors have gone through court, relived their trauma—and how difficult must that be?—obtained compensation orders and yet still received nothing, and that is wrong. I think we all agree that that is palpably wrong. A conviction should not be the end of the justice process. A compensation order should not be a piece of paper that can be ignored. If a perpetrator has assets in superannuation, they should not be able to hide behind the law while their victim is left with nothing. This bill helps to fix that.

Swift passage of this bill matters. Survivors, as I said earlier, have waited far too long. They've waited long enough. Some survivors and advocates have been fighting for this reform for almost a decade, under both the coalition and Labor. That is why we do not support sending it off to another Senate inquiry. It's all too easy, sometimes, with legislation that might be difficult and might need to have further fine-tuning, to send it off to an upper house inquiry. Not this time—too important. There will be time to review and strengthen the law after it starts operating. It needs to happen, and it needs to happen now. There are survivors who need the benefit of this law right now. Delay would only benefit the lowest of the low, the worst of the worst: the perpetrators.

Survivors and advocates made this happen. We thank them and we acknowledge what they did and what they went through—what they should no longer have to go through or have to endure. These reforms are the result of grassroots advocacy for almost a decade—people power, years of advocacy by survivors, by families, by lawyers and by child protection advocates.

We acknowledge the work of survivors and advocates, including but not limited to Andrew Carpenter, Madeleine West and Eden Van Haren. There are many others—many, many others. We acknowledge organisations including: Super for Survivors, Bravehearts, Fighters Against Child Abuse Australia and the Carly Ryan Foundation—good organisations all. Their advocacy has exposed a serious injustice; a huge gap that we are now, hopefully, bridging. Their persistence has brought this bill before the parliament. Parliament should honour that work by passing this bill and doing it swiftly. This work builds on the work initiated by the former coalition government.

In January 2020, the then assistant treasurer, the honourable Kelly O'Dwyer MP, announced consultation on allowing survivors to access perpetrator superannuation. Work was delayed due to her retirement. More's the pity. The COVID-19 pandemic didn't help, nor did reprioritisation of Treasury resources. The coalition's reforms were put out for consultation to allow broader input, and victims of violent crimes, not just child sex abuse victims, were fed into that process. The coalition is supportive of what Labor is doing. This sees parliament being at its best.

Under the current law, superannuation is generally protected from creditors. It has created a loophole where perpetrators can hold or move assets into superannuation to clear bankruptcy and avoid paying compensation ordered by a court. That is the problem that this bill is endeavouring to fix—and not before time. The government has described the bill as closing a loophole where offenders have shielded assets in superannuation and declared bankruptcy to avoid valid court orders.

The bill allows survivors of child sexual abuse to apply to the ATO for some information. There's always going to be privacy issues et cetera, but this bill allows the disclosure of limited information about a perpetrator's super. The survivors of child sexual abuse can then use that information to determine whether or not to seek a court order to apply to a court for a perpetrator contributions release order or to access eligible super amounts to satisfy unpaid compensation orders and/or enforce compensation debts even when the perpetrator has entered bankruptcy. All of these provisions are important. They go a step toward helping the perpetrators have their money taken from them, ultimately assisting the process of doing the right thing by the victims.

The bill also amends the bankruptcy law. The purpose is to stop perpetrators from using bankruptcy to defeat compensation claims. Compensation debts should survive bankruptcy. Finally, the bill is a major step forward. It truly is. It has bipartisan support, but it may not capture every case. There are victims of other serious violent crimes not covered by this bill. Survivors and advocates have called for future work on civil findings. Some advocates have also called for broader retrospective application. The Assistant Treasurer has done a power of good and a power of work in this regard. I thank him again for the diligence he has shown. He has said that future work may consider whether some civil findings can be included, but the government did not want to delay the current bill while those issues were being worked through. We certainly give a commitment—I do, on behalf of the opposition—to work with the minister and any future ministers to make sure that there is support if the bill can be refined in a better way in the future. That said, I commend the bill to the house.

Carol Berry (Whitlam, Australian Labor Party) Share this | Link to this | Hansard source

I begin by acknowledging victims-survivors of child sexual abuse as well as their advocates who have fought for many years to improve a system that has too often failed them. The reforms contained in the Treasury Laws Amendment (The Survivors Law) Bill have not emerged in isolation. They follow years of determined advocacy to ensure that victims-survivors of child sexual abuse receive the court ordered compensation they deserve and are entitled to. Shockingly, it is estimated that 11 per cent of women and almost four per cent of men in Australia are victims of sexual abuse perpetrated by an adult before they are 15 years old.

My predecessor as the member for Whitlam, Stephen Jones, revealed in his valedictory speech last year that he was a victim-survivor of child sexual abuse. It was the first time he had made this known publicly. Stephen decided to disclose this painful information because he wanted to highlight former prime minister Julia Gillard's establishment of a royal commission into child sex abuse as one of the great government achievements during his 15 years in parliament. Over four years, the royal commission received over 1,000 individual contributions, conducted 8,000 private sessions and received 26,000 letters and emails, resulting in 2,500 referrals to police. These are sickening numbers. Stephen noted in his valedictory speech that the royal commission wasn't inevitable. It was contested, and it took courage from all involved to ensure that it proceeded. He added that when the Gillard government established the royal commission, it sent an important message: we see you, we hear you and we believe you.

All children and young people have the right to be safe from sexual abuse, and the Albanese government is committed to protecting Australia's children from harm and to supporting early intervention, response, healing and recovery services. In November last year we announced $12 million in grants to support 23 specialist and community support services across Australia, to expand their crucial work responding to victims and survivors of child sexual abuse and children who have displayed concerning or harmful sexual behaviours. That grant program is part of the $80 million commitment agreed at National Cabinet to enhance and expand child-centric, trauma informed supports for children and young people who have experienced or witnessed family, domestic and sexual violence. It also contributes to our ongoing reforms under the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030.

The Albanese government is committed to holding perpetrators of child sexual abuse to account, and this bill introduces long-awaited and meaningful reforms. A major focus is our superannuation system because Australia has a trust structure for the governance of superannuation funds. This means that beneficiaries of the funds do not hold superannuation assets. Instead, the assets are managed on behalf of the beneficiaries by trustees who have fiduciary and statutory obligations to act in the beneficiaries' best interests. Superannuation trustees are currently able to pay preserved benefits in specified situations including retirement, reaching preservation age and death. But superannuation trustees are not able to pay preserved benefits where a beneficiary owes compensation to a victim of crime. Unfortunately, people subject to criminal or civil proceedings, or those anticipating such proceedings, take advantage of this situation.

In recent years there have been a number of high-profile reports of convicted child sex abuse offenders deliberately hiding millions of dollars worth of assets in superannuation accounts to defeat compensation claims. This includes Maurice Van Ryn, a former CEO of Bega Cheese, who was found guilty of abusing nine children, between 2003 and 2014, and then a 10th child, in 2019. In total, he was sentenced to 22 years in prison. In 2023 the Supreme Court of New South Wales awarded the 10th victim $1.4 million in damages for the abuse he endured in Van Ryn's home. But Van Ryn declared bankruptcy in December that year, and the victims-survivors were unable to access hundreds of thousands of dollars he had in superannuation. Unjust situations like this add further to the emotional distress suffered by victims-survivors.

This bill will amend the Taxation Administration Act 1953 and other relevant Commonwealth acts to create a mechanism that enables the release of certain amounts from a perpetrator's superannuation interests in certain circumstances. To initiate the release process, victims-survivors must first meet the following application criteria: the perpetrator must have been convicted of—or, where there is no conviction recorded, found guilty of—a specified child abuse offence to a criminal standard; a court has made an order requiring the perpetrator to pay compensation to the victim for injury, loss or damage suffered by the victim as a direct result of a specified child abuse offence; the amount has been due and payable for at least 12 months; the perpetrator has not paid the full amount of compensation specified in the order; and the period within which recovery of the amount may be pursued in a court in the jurisdiction where the order was made has not expired.

A victim-survivor who reasonably believes that they meet the application criteria for a court order can apply to the Commissioner of Taxation for certain information relating to the perpetrator's superannuation assets. This information will help them to assess whether it is worthwhile pursuing an order in relation to the perpetrator's superannuation interests. It also means victims-survivors are not required to undertake a more costly exercise—for example, using subpoenas to superannuation providers—in order to pursue enforcement of outstanding compensation debts. I note the application to the Commissioner of Taxation may be made by the victim-survivor's legal representative, legal personal representative, registered tax agent or financial counsellor. Where the victim or survivor is under 18, their parent or a person who has been granted guardianship of the child may make an application on their behalf.

After reviewing the information, the victim-survivor can then apply for a court order for the Commissioner of Taxation to facilitate the release of moneys from the perpetrator's superannuation interests. This is called a perpetrator contributions release order. Where a perpetrator contributions release order is made, the Commissioner of Taxation must then issue one or more release authorities to relevant superannuation providers to secure the release of moneys from the perpetrator's superannuation interests and pay this to the victim-survivor. This bill also amends the Bankruptcy Act 1966 to allow compensation debts to survive perpetrators' bankruptcies, improving the chances of victims-survivors seeking to enforce such debts.

Our superannuation and bankruptcy laws are complex. However, this bill has a simple principle at its core: the perpetrators of child sexual abuse should not be able to hide behind financial structures to avoid accountability. It closes an unjust loophole that has allowed convicted offenders to shield assets and superannuation while victims-survivors are left without the compensation they are owed. This bill not only closes that loophole; it affirms that financial systems must not operate in a way that undermines justice, and it reflects the growing recognition that justice is not only about conviction but about meaningful redress. The reforms in this bill improve transparency, reduce uncertainty and strengthen the enforcement of court ordered compensation for victims-survivors.

The tragic reality is that child sexual abuse crimes often leave deep and lifelong impacts that extend far beyond the period of abuse itself. Victims-survivors frequently carry the effects into adulthood, affecting their mental health, physical wellbeing, relationships, education and ability to participate fully in work and community life. The trauma does not end when the abuse ends. For many, it is something they must navigate every day, too often in silence and without adequate support. Some victims-survivors face barriers to stable employment and financial security, meaning the harm they experience is not only emotional and psychological but also deeply material. 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.

I have huge admiration for the courage it takes for victims-survivors to come forward, often years or decades after the abuse has occurred. They must relive deeply painful experiences in the pursuit of justice while knowing that outcomes are never guaranteed. For too many victims-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. This outcome further compounds the harm, and it undermines confidence in the justice system. 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. This is a practical, targeted step. It introduces a mechanism to ensure that perpetrators cannot simply wait out their obligations while their financial position remains protected.

Importantly, this bill also 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 from accountability for such serious harm. These changes will apply not only to future bankruptcies but also to those currently in progress. This is a significant step because it recognises that there are victims-survivors who are being denied justice today under the existing framework. By applying to both current and future bankruptcies, this bill seeks to address present inequity as well as future harm.

When offenders retain substantial retirement savings while victims struggle financially, often as a direct consequence of the abuse they have suffered, it undermines confidence in our justice system. It risks perpetrating a cycle where the burden continues to fall on those who are harmed, rather than on those who have caused the harm. Our superannuation and bankruptcy systems are complex, so changes to them must be carefully designed to ensure they are effective, enforceable and consistent with broader legal principles. That is why this bill should be understood as a significant and necessary foundation that lays the groundwork for potential future reforms. In fact, through the extensive consultation process that preceded the introduction of these reforms, victims-survivors and advocates encouraged us to build on the reforms contained in this bill. So, while the bill closes a loophole, it also sends a strong signal about the direction of reform. It creates a framework that can be built upon in the future.

Importantly, the regime established by this 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 review process is critical to ensure that this parliament does not simply pass legislation and move on but instead remains engaged with how these provisions are working in practice. It provides an opportunity to assess whether victims and survivors are genuinely benefiting and whether additional changes are required. Our policy will continue to be informed by the voices of survivors, advocates, legal experts and practitioners.

The experiences shared by victims-survivors, including those who have been unable to access compensation despite court orders in their favour, make it clear how important it is that we progress this measure. It is clear to me that these reforms will make a real difference. They will provide new avenues for enforcement and a greater chance of achieving some measure of justice. Ultimately, this bill is about restoring fairness and dignity. For these reasons, I commend this bill to the House.

Andrew Wallace (Fisher, Liberal National Party) Share this | Link to this | Hansard source

What I'm going to talk about this evening is going to upset some people, and I just want to give an acknowledgement that, if what I talk about tonight causes you distress, you're able to call Kids Helpline on 1800551800 or Lifeline on 131114. When I was the shadow Attorney-General last year, I worked with a number of people, including Jon Rouse, who was previously with Task Force Argos. The Australian Centre to Counter Child Exploitation, which Peter Dutton established a number of years ago, identified that there were 82,764 reports of online child sexual exploitation in 2024-25. That's an average of 226 reports each and every single day. Just let those figures sink in: 226 reports of online child sexual exploitation. That's why this bill is so important. The Treasury Laws Amendment (The Survivors Law) Bill 2026 is about justice. It's about whether the laws of this country stand with survivors of child sexual abuse or whether they continue to allow perpetrators to exploit loopholes to avoid accountability. The coalition absolutely supports this bill. We support it clearly, strongly and without hesitation.

Many people will remember a name. That name is Ashley Paul Griffith. Ashley Paul Griffith is a former childcare worker from the Gold Coast. He was sentenced on 2 September 2024 in the Brisbane District Court, where it was alleged that he had perpetrated some 1,623 child sexual offences. He pleaded guilty to 307 of those charges and was imprisoned for life with a 27-year non-parole period. The charges that he pled guilty to included 15 counts of repeated sexual conduct with a child, 28 counts of rape and 190 counts of indecent treatment of a child under 16. Offences were committed against 65 children in South-East Queensland and four children in Italy in 10 different childcare centres.

I want to take this opportunity to acknowledge the good work that was done by Senator Maria Kovacic when she led a Senate inquiry in relation to this very issue of systemic abuse by paedophiles in childcare centres. It is incumbent upon us to listen to people like Jon Rouse, who has spent his professional life trying to identify these heinous individuals. We have an opportunity in this place—and it's for another bill, so I won't go on to it too much—to look at using technology like Clearview AI to be able to identify these people who exist on the dark web. They perpetrate their offences in real life, but then they record it and put it on the dark web. We have the opportunity in this country to be able to utilise these tools, yet we don't. We go to the FBI and get their assistance because apparently it offends our privacy laws here in Australia. That madness has got to stop. We have got to acknowledge that we have a huge problem here in this country, and we've got to be utilising every single tool that we can to save children from these child sexual exploitation offences—save the children but also identify these heinous individuals.

Victims-survivors and their families have waited far too long for this sort of reform that we're talking about tonight. For too long, Australia's superannuation and bankruptcy laws have been weaponised by some of the worst criminals imaginable. Under the current law, perpetrators have been able to shield assets inside superannuation, declare bankruptcy and avoid paying court-ordered compensation. That is fundamentally wrong. A compensation order should not become a meaningless piece of paper simply because an offender has found a way to hide their money from the people that they harmed. This bill begins to fix that injustice.

While this legislation is before the parliament today under the current government, it's important to acknowledge the long policy history behind it. The coalition began the work on these reforms in 2018, under Kelly O'Dwyer. Consultation papers were released. Stakeholders were engaged. Draft reforms were developed. This legislation builds on that work. I want to acknowledge the work of Daniel Mulino, the Assistant Treasurer, for bringing this bill before the House tonight, and I want to thank him for his leadership in so doing. Most importantly, I want to acknowledge the survivors, their families and the advocates who fought for this reform for almost a decade. This reform did not happen by accident; it happened because survivors refused to give up.

Before speaking to the mechanics of the legislation, I want to speak briefly about the human impact behind it, because these are not abstract statistics; these are lives. The Australian Child Maltreatment Study found that 28½ per cent of Australians—more than a quarter—have experienced child sexual abuse. Let that figure sink in. More than a quarter of our kids have suffered some form of child sexual abuse. An even scarier statistic is that 37.3 per cent of women have experienced child sexual abuse, and 18 per cent of men. These numbers are staggering. They represent millions of Australians carrying trauma that often lasts a lifetime. And it doesn't just impact on them; it impacts upon their siblings and their mums and dads. It even has a generational impact, as the generations go down.

The Royal Commission into Institutional Responses to Child Sexual Abuse heard repeatedly that survivors often experience decades of mental health challenges, including depression, anxiety, PTSD and substance abuse. It impacts on relationships, employment, education, financial security and, of course, physical health. For some survivors, after reliving that trauma in court and obtaining a compensation order, they still receive nothing. Imagine going through that process. As a former barrister, I can tell you it is harrowing for even the strongest of individuals. Imagine finding the courage to come forward and make a complaint to police. Imagine enduring what is a very difficult legal process. Imagine having the court believe you and a conviction ensuing, only to discover that the perpetrator has hidden away their assets in superannuation and you are left with nothing. That is the injustice that this bill seeks to redress, because superannuation is for retirement; it should never be used as a shield against accountability.

This should not be political. This should not be a partisan issue. This should unite the parliament. The protection of children should never be political. Supporting survivors should never be political. Holding perpetrators accountable should never be political. The Australian parliament should speak with one voice when it comes to rebuking predators and standing with victims-survivors. Under the current law, we've seen situations where perpetrators have been able to boast that their victims would never see a cent of their superannuation. That is appalling, and this bill begins the journey forward to seeing that that does not happen into the future. Enough is enough. This parliament has an obligation to close this loophole. That is why the coalition supports the swift passage of this bill.

At its core, the bill creates a court supervised process, allowing survivors of child sexual abuse to access certain superannuation amounts held by a perpetrator where there is an unpaid compensation debt. Importantly, this only applies where a court has already ordered compensation. It is not speculative. It is not arbitrary. This is about enforcing lawful court orders that have already been made. The bill allows survivors to seek limited information from the Australian Taxation Office about whether a perpetrator holds eligible superannuation assets. That matters because survivors should not be forced into expensive litigation without knowing whether there are assets capable of satisfying the debt.

The bill then allows a court to make a perpetrator contributions release order. That order enables eligible superannuation amounts to be released in order to satisfy the unpaid compensation debt. The bill also ensures that compensation debts relating to child sexual abuse survive bankruptcy. Again, this is critical because perpetrators should not be able to abuse a child, declare bankruptcy and still preserve their retirement savings while their victims receive nothing. The coalition supports these changes. We believe they are measured, we believe they are proportionate, and, above all, we believe they are just.

This reform exists because survivors and advocates refused to let this issue disappear. I want to acknowledge the extraordinary advocacy of survivors, families, lawyers and child protection organisations over many years. That includes organisations such as Super for Survivors, Bravehearts, Fighters Against Child Abuse Australia and the Carly Ryan Foundation. We also acknowledge advocates, including Andrew Carpenter, Madeleine West, Edan van Haren and many others who continued pushing this issue into the national spotlight. Their advocacy exposed a serious injustice in this country. Their persistence brought this bill before the parliament, and parliament should honour that work by passing this bill swiftly. I want to acknowledge the Daniel Morcombe Foundation, which is headquartered in my electorate of Fisher. Bruce and Denise Morcombe have spent two decades turning unimaginable grief into action. Through child safety education, victim support and the Day for Daniel initiative, they have helped protect countless Australian children. Their work reminds us that prevention and justice must go hand in hand, because protecting children is not a one-off legislative task. It requires constant vigilance, constant education and constant resolve.

Finally, I want to say those numbers again. If I have said anything tonight that distresses people, Kids Helpline is available on 1800551800 or Lifeline on 131114. This bill is one of the most important bills that we will deal with in this parliament, and I do want to thank the Assistant Treasurer for bringing it forward. It's times like this it's good to see the parliament come together for the benefit of this nation.

Sarah Witty (Melbourne, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak in strong support of the Treasury Laws Amendment (The Survivors Law) Bill 2026. I want to begin by acknowledging the survivors, advocates and families whose work, courage and persistence brought this legislation to this parliament, because laws like this do not appear out of nowhere. They are built by people who refuse to stay silent after systems failed them; people who carry trauma into courtrooms, into media interviews and into meetings with governments and members of parliament; and people who keep pushing for justice through exhaustion, grief and disappointment. This bill exists because survivors demanded that we do better.

At its heart, this legislation is built on a very simple principle: people who commit child sexual abuse should not be able to hide their money while survivors are left carrying the cost of that harm done to them. Yet, for too long, that is exactly what has happened. A survivor could fight through the legal system, relive the worst experiences of their life, secure a compensation order through the courts and still walk away without justice being delivered in practice, because offenders could shield assets through super arrangements and bankruptcy structures while survivors were left unpaid. That is not justice. That is cruelty built into the system. This bill closes that loophole, and it matters deeply that we do that.

Child sexual abuse leaves lifelong impacts that shape how people move through the world. It affects mental health, physical health, relationships, education, employment, financial security, safety and trust. For many survivors, the abuse may have happened in childhood but the consequences follow them into adulthood every single day. Too often, those impacts become material as well as emotional. Some survivors struggle to stay in stable housing. Some find it difficult to maintain constant employment. Some carry interrupted education pathways. Some live with long-term health costs. Some spend years rebuilding a sense of stability after violence and abuse shattered it. That reality matters when we talk about compensation because compensation is not abstract. It's often connected to survival, to rebuilding, to counselling, to housing, to health care and to creating some form of safety after profound harm. When compensation orders go unpaid, survivors are forced to absorb another layer of injustice.

This bill recognises that. It recognises that accountability must mean something real. This government has made clear that accountability for child sexual abuse cannot end at conviction alone. Justice must mean something in practice. That is why these reforms matter so much. A compensation order should not become meaningless simply because an offender has found a way to hide assets behind technical financial protections.

Under these reforms, where a court ordered compensation debt remains unpaid after 12 months, survivors will be able, through a court order, to seek access to certain super contributions made by the offender. The bill also ensures that compensation debt can survive bankruptcy proceedings, because bankruptcy should not become a hiding place for people who have committed crimes against children. Financial manoeuvring cannot outweigh moral responsibility, and I think people across this country instinctively understand that. They understand that there is something fundamentally broken when survivors are struggling to build their lives while offenders continue protecting retirement savings behind legal loopholes.

This legislation says clearly that our legal and financial systems should never operate in a way that shields perpetrators from accountability. I think what makes this issue especially confronting is that survivors are so often asked to carry that burden of proving, explaining and reliving what happened to them, while the people who caused that harm spend years protected by systems that were never designed with survivors in mind. That imbalance matters, because justice is not only about what happens in a courtroom; it is about what happens afterwards—whether someone can rebuild, whether they can access stability, whether they feel the system stood with them or abandoned them once the headlines faded.

This bill says survivors should not be left carrying that burden alone. In my electorate of Melbourne, our community speaks openly and honestly about child abuse, institutional failure and the lifelong impacts trauma leaves behind. In a city full of advocates, frontline workers, legal services, support organisations, and survivors who have spent years pushing for change, when representing the people of Melbourne I hear passionately from people working in this space about what recovery really looks like. It's not linear, it's not quick and it does not happen simply because somebody survives.

I've spoken with people in my electorate who've spent years trying to rebuild a sense of normality after abuse; people navigating housing insecurity; people trying to stay connected to work while carrying trauma; people trying to trust systems again after being failed repeatedly. One thing comes through clearly, every single time: survivors should not have to spend their lives fighting systems that are meant to support them. But, too often, they do. They fight to be believed. They fight to access services. They fight through courts. They fight through administrative processes. They fight to rebuild financially. And then, sometimes, even after all of that, they are still denied the compensation they were legally awarded. That compounds the harm. It tells the survivors that, even after they'd found the courage to speak, even after they'd endured the courtroom, even after the court had ruled in their favour, the system still could not deliver justice. This is unacceptable.

This bill is an important step towards changing that, and, while the legislation deals with highly technical areas of super and bankruptcy law, its purpose is deeply human. At the centre of this bill are people—people who were harmed as children; people whose lives were permanently shaped by abuse; people who have already carried far more than anyone should ever have to carry.

Sometimes, in this place, we speak about legislation in highly procedural terms: schedules, mechanisms, frameworks and technical amendments. But behind every part of this bill is a survivor who deserves better. That matters, because systems can sometimes become so focused on processes that they lose sight of people. This bill pulls that focus back where it belongs: on survivors, on accountability and on making sure that justice has meaning in the real world.

I can only imagine how difficult it must be for survivors of sexual abuse to be forced into silence, sometimes by fear and sometimes by shame; sometimes because they were children who did not yet have the words for what happened to them; sometimes because systems around them failed to listen when they did speak. The courage it takes to come forward years or decades later cannot be overstated. To tell your story publicly; to enter legal proceedings; to re-live deeply traumatic experiences—that takes extraordinary strength. When survivors do that, the least we can do, as a parliament, is to ensure that the system does not fail them again, at that final hurdle.

That is why these reforms matter. They are practical reforms, targeted reforms, carefully designed reforms. But they are also moral reforms, because this bill draws a line. It says clearly, without apology, that, if you commit crimes against children, you should not get to hide your assets while survivors are left carrying the financial consequences of your abuse. That is the line this parliament is drawing today.

It also wants to acknowledge something else that matters in this conversation. For many survivors, the hardest part is not only the abuse itself; it is what happens afterwards: not being believed; being ignored; being told to move on; being left to navigate broken systems alone. And that failure can deepen trauma for years.

When institutions protect themselves instead of children, the damage does not stop when the abuse stops; it ripples outward, through entire lives, into relationships, into education, into employment, into housing, into mental health and into a person's ability to feel safe in the world. That is why accountability matters so deeply, because accountability is not about revenge; it's about recognition—recognition that harm was done; recognition that survivors deserve protection; recognition that justice should not stop halfway; and recognition that systems must never make survivors carry the burden while perpetrators protect their wealth and wait out legal obligations. This bill responds directly to that injustice. It creates a pathway for survivors to pursue compensation that courts have already determined they are owed, and it closes a loophole that should never have existed in the first place.

I also welcome the review mechanisms included in this legislation, because this bill should not be viewed as the final word on this issue; it should be viewed as a foundation—a significant foundation, a necessary foundation. We must continue listening to survivors and advocates to better understand where barriers still remain, we must continue assessing whether systems are delivering meaningful outcomes, and we must continue improving laws where gaps still exist, because survivors have already spent too long carrying the burden of institutional failure.

This parliament cannot afford complacency in response to that, and I think there is something important about the unity we have seen around this bill. Some issues rise above political pointscoring. The protection of children is one of them. The pursuit of justice for survivors should be one of them, and making sure perpetrators cannot exploit loopholes in financial systems should be one of them. This parliament is at its best when it listens carefully to lived experiences and responds with seriousness and purpose. That is what this legislation represents.

There is a line that has stayed with me while reading through this legislation and listening to survivors speaking about it: for many survivors, the trauma did not end when the abuse ended. That is the reality this bill confronts. It confronts the fact that abuse creates consequences that ripple through entire lives, that justice delayed or denied compounds the harm, and that systems built without survivors at the centre can unintentionally protect the wrong people. This bill shifts that balance. It says clearly that accountability should follow perpetrators, not burden survivors forever. Ultimately, this legislation is about fairness, dignity and responsibility. It is about ensuring that our financial and legal systems reflect our values—values that say child sexual abuse is among the gravest harms imaginable, values that say survivors deserve meaningful redress, not symbolic gestures, and values that say perpetrators should not be protected by loopholes while survivors carry the lifelong consequences of abuse.

The Albanese Labor government is choosing to act, choosing to close this loophole, choosing to strengthen accountability and choosing to listen to survivors who have spent years demanding change. That matters because, every time a system is improved, every time a loophole is closed and every time survivors are met with seriousness instead of indifference, we send a message about what kind of country we want to be—a country where justice means something in practice, a country where survivors are heard and a country where people who commit these crimes cannot hide behind structures that shield them from accountability. This bill says something powerful about whose side this parliament is on—not on the side of loopholes, not on the side of technicalities and not on the side of people trying to hide wealth while survivors rebuild their lives piece by piece. This parliament stands with survivors, and today, with this bill, we do just that. I commend the bill to the House.

Mary Aldred (Monash, Liberal Party) Share this | Link to this | Hansard source

In rising to speak on the Treasury Laws Amendment (The Survivors Law) Bill 2026, I want to commend the thoughtful and reflective remarks made by my colleague the member for Melbourne and associate myself with her contribution.

The coalition supports this bill. We support it because this parliament should stand with survivors, not with loopholes that protect perpetrators. For too long, Australia's superannuation and bankruptcy laws have been manipulated by offenders to avoid paying court ordered compensation to the very people whose lives they have destroyed. Under the current law, perpetrators of child sexual abuse have been able to move assets into superannuation accounts, shield those assets from compensation claims, declare bankruptcy and leave survivors with nothing. That is not justice. It is frankly unacceptable that this loophole has been able to exist for so long. This should never be a partisan issue. This national parliament should speak with one united voice when it comes to protecting children, supporting survivors and ensuring perpetrators are held accountable for their actions.

I acknowledge the work of the Assistant Treasurer, Daniel Mulino, in progressing this legislation. He is a good man. I had the privilege of working with him when he was the member for Eastern Victoria Region and I was CEO of the Committee for Gippsland. I commend his progression of this legislation. I also acknowledge the fine contribution a short time ago of Andrew Wallace, the member for Fisher, my colleague on this side, who I know cares deeply about standing up for victims of child sexual abuse. Above all else, this debate belongs to survivors. It belongs to the victims-survivors, the families, the advocates and the organisations who have spent years exposing this injustice and demanding change.

Many have fought for close to a decade to ensure this parliament has finally acted. I know many are relieved, but it goes without saying that they have had to endure deeply traumatic experiences in the hope that future survivors would not face the same barriers to justice. As someone who previously served on the board of Lifeline Gippsland, I know that Lifeline and many other organisations are there to support victims-survivors in the battles and the hurdles that they face ahead. This is important work. This legislation exists because those survivors refuse to remain silent.

The purpose of this bill is straightforward, but it is profoundly important. It amends the Commonwealth law to allow victims and survivors of child sexual abuse to apply for a court order to access certain superannuation amounts held by perpetrators. The bill also amends the Bankruptcy Act to ensure perpetrators cannot simply declare bankruptcy in order to escape compensation debts. At present, superannuation trustees are generally prohibited from releasing preserved benefits, except in very limited circumstances. Compensation owed to victims of crime is not one of them.

This has created a serious loophole—a loophole where offenders facing criminal or civil proceedings can deliberately move assets into superannuation accounts to shield wealth from victims seeking compensation, and, in some cases, those perpetrators have boasted about such moves. As a result, survivors can endure years of abuse, pursue justice through the courts and be forced to relive their trauma through legal proceedings before obtaining compensation orders—and still receive absolutely nothing. A compensation order should mean something. It should be enforceable to the full extent. Justice should not exist only on paper.

This issue is about far more than money. The impacts of child sexual abuse are lifelong. They affect mental health, physical health, relationships, education, employment, housing stability and financial security. They rob Australia of the prospects, the input and the talents of so many brilliant Australians who have had to endure such horrendous circumstances. For many survivors, the abuse does not end when the offending stops. The trauma continues for years and often decades. Many survivors face ongoing medical expenses, counselling costs and lost opportunities because of the abuse they endured as children. For some, maintaining stable employment becomes difficult. For others, trust, safety and stability are things they spend years trying to rebuild. No amount of compensation can ever undo what has happened. No amount of money can erase that trauma, but compensation can help survivors access treatment, counselling and support services. It can help provide stability, and, importantly, it can represent acknowledgement—acknowledgement that harm was done and that accountability matters. As a national parliament, we're coming together in a bipartisan manner to do just that.

Many survivors have described the current loophole as a second injustice. Not only were they abused; they also, after enduring lengthy legal proceedings, discovered the perpetrator had deliberately protected their wealth while the survivor was left carrying the emotional and financial burden. That compounds the trauma, it compounds the sense that the system failed them and it undermines public confidence in the justice system itself—because Australians rightly expect that, when a court orders compensation, perpetrators cannot simply manipulate the system to avoid responsibility.

The need for this legislation becomes painfully clear when we look at the real cases that exposed this loophole. One of the most notorious examples is the former magistrate Peter Liddy. Back in 2001, Liddy was jailed for horrific offences involving the abuse of multiple children. But, before sentencing, he transferred substantial assets into superannuation accounts, effectively shielding his wealth from victims pursuing compensation claims. Lawyer Andrew Carpenter described it as becoming a 'blueprint for paedophiles everywhere'. That statement should disturb every single one of us in this place, because it demonstrates that this was not an isolated technical oversight. It became a known strategy, a loophole that offenders could exploit while survivors were left without justice.

Andrew Carpenter has spent years advocating for reform and supporting survivors through these processes. I recently listened to a podcast he was on and was most significantly impressed by his dedication, over many years, to this cause and by his broader support of abuse victims. Andrew Carpenter put it plainly when he said:

There is not one legal justification for sexually abusing a child. Paedophiles should be made to pay and closing this loophole is a no-brainer.

And he was right.

Another shocking example involved the former boss of Bega Cheese, Maurice Van Ryn. Before being sentenced to prison, he, too, moved assets into superannuation. They were substantial. When victims later sought compensation, they discovered he was broke on paper. Survivor advocate Howard Brown said Van Ryn even boasted:

Everything I have is in my super—and you can't touch that.

Imagine hearing that as a survivor. Imagine enduring the abuse, going through the court proceedings and then hearing the perpetrator openly taunt victims because the law protected his assets. That should outrage all of us, and indeed it does, because we are coming together, as a parliament, in a bipartisan manner in the Australian national interest to say to those abuse victims that we all—every single member in this place—stand with you.

The case of Edan van Haren further demonstrates why reform is urgently needed. In 2023, Mr van Haren was awarded $1.4 million in damages by the New South Wales Supreme Court after being abused by Maurice Van Ryn. Yet legal loopholes enabled the perpetrator to avoid paying damages. It cannot continue. We must not stand for this. Perpetrators should not be able to abuse children, lose in court, declare bankruptcy and preserve retirement savings while survivors are left with nothing. Superannuation was never intended to become a shield for predators. It exists to provide dignity and security in retirement, not protection from accountability.

This bill establishes a court supervised process that seeks to restore fairness, it allows survivors to seek limited superannuation information from the Commissioner of Taxation, it allows courts to issue release orders where compensation debts exist, and it requires the Commissioner of Taxation to facilitate payment through release authorities issued to superannuation funds. Importantly, this is not an arbitrary process. Perpetrators retain the ability to challenge orders on specified legal grounds. There is judicial oversight. There are safeguards. But, critically, there is finally a pathway for survivors to pursue meaningful compensation where perpetrators have attempted to shield assets within superannuation.

The coalition also believe it's important to recognise the organisations and advocates who have fought tirelessly for this reform. I want to acknowledge Andrew Carpenter, who I mentioned earlier, but also Hetty Johnston and the extraordinary work of Bravehearts. I would like to acknowledge Super for Survivors, Fighters Against Child Abuse Australia, the Carly Ryan Foundation and many others who have spent years exposing this injustice and pushing for change.

Hetty Johnston said these reforms would 'give the power back to the victims' and take away from offenders, who 'love' exploiting these loopholes. She's right. That is an incredibly important point, because, at its heart, this legislation is about power and accountability. For too long, offenders retained power over survivors even after criminal convictions and court proceedings. This legislation begins to rebalance that in the way that it needs to. It sends a message that our parliament—this national parliament—will not allow legal loopholes to be weaponised against survivors.

I want to also recognise that this bill may not be the final word on reform in this area. Indeed, there is always more to be done. There are advocates who believe broader categories of serious violent crime should eventually be captured by similar provisions. I know there are ongoing discussions around retrospective application and the treatment of civil findings. These conversations are important, and they should continue. Indeed, earlier consultation proposals contemplated access for victims of serious violent crimes beyond child sexual abuse alone. But we should not allow the pursuit of a perfect model to delay meaningful reform that survivors need right now—today—not when survivors have already waited years and not when every further delay risks prolonging injustice. That is why the coalition does not support unnecessary delays or referral processes that would simply postpone the operation of these reforms.

Today, this parliament has an opportunity to send a clear and united message from both sides—a message that survivors matter; a message that justice should be meaningful, not symbolic; a message that perpetrators should never be able to manipulate the law to escape accountability; and a message that superannuation should never again become a safe haven for those who commit horrific crimes against children. The coalition supports this bill. I commend it to the House.

Jo Briskey (Maribyrnong, Australian Labor Party) Share this | Link to this | Hansard source

Before I begin my remarks, I too want to recognise the contribution of the member for Monash and acknowledge her meaningful contribution and absolutely agree with the point that she made around this being an issue that rises above partisan politics, so thank you very much for that.

There are moments in this parliament when the weight of what we are asked to do is felt so deeply. This is one of those moments. The Royal Commission into Institutional Responses to Child Sexual Abuse was a watershed moment for our nation. It opened many Australians' eyes to the systemic violence that had robbed too many children of their innocence and of their futures. For years—decades—victims-survivors had carried their pain alone. And then, finally, their country listened. The royal commission's findings prompted profound change, but that work is not finished. The people who lived through that abuse, who found extraordinary courage to speak, to testify and to name what was done to them, know that better than anyone. Today we continue that work. Today we slam shut a loophole that has allowed perpetrators to avoid accountability.

Before I speak to the details of this bill, I want to pause to acknowledge the strength, the resilience and the bravery of victims-survivors: those who fought for years through the courts to be heard and who lived the worst moments of their lives in pursuit of something that looked like justice only to be left without the compensation a court told them they were owed; those who have suffered in silence, held back by shame that should never have been theirs to carry in the first place; and those who found their voices, often at great personal cost, to advocate for reform to make sure what happened to them would not keep happening to others. Each and every one of those victims-survivors deserves better. They deserved better then; they deserve better now. And this legislation is one more step towards making that a reality.

So why is this legislation needed? Currently, the courts have been awarding compensation to victims-survivors of child sexual abuse. That is the system working as it should be. But too often the system stops there. Perpetrators who have been found guilty of devastating crimes have then been able to dodge that compensation. They have sheltered assets in superannuation accounts beyond the reach of enforcement, or they have declared bankruptcy, causing compensation debts to simply disappear.

So, right now, a victim-survivor gathers the courage to come forward. They endure the police process. They enter an intimidating court system. They relive their abuse. A judge finds in their favour. And then they wait and wait. And the money that was ordered to be paid to them is never paid—because the person who harmed them found a loophole. That is not justice, and it has gone on for far too long, but this bill ends it. It ends it because it makes two important and targeted reforms.

First, it addresses superannuation. Under these changes, where a court ordered compensation debt remains unpaid after 12 months, victims-survivors will be able to apply to a court for an order to access certain superannuation contributions made by the offender. This specifically captures personal contributions and salary sacrifice contributions—the very mechanisms that have been used to shield assets from enforcement. This process will be supported by the Australian Taxation Office so that victims-survivors can identify any potential eligible superannuation before proceeding. There are appropriate safeguards built into the framework. This is not a blunt instrument, but it is carefully designed to deliver on a clear principle.

Second, it addresses bankruptcy. Compensation debts owed to victims-survivors of child sexual abuse will no longer simply vanish when a perpetrator enters bankruptcy proceedings. These debts will survive bankruptcy. And, critically, these changes will apply not only to future cases but to bankruptcies currently in progress. There are victims-survivors right now, today, who are being denied justice under the existing framework. This bill reaches them, too.

There is nothing radical about these reforms. They are a logical and long overdue consequence of a simple belief—that perpetrators of child sexual abuse should not be able to use financial structures to escape accountability.

When the royal commission gave a platform to victims-survivors, our nation had a mirror held up to itself. We learnt that child sexual abuse does not end when the abuse ends. Its effects are lifelong and profound. We know that victims-survivors frequently carry trauma into adulthood, where it affects their mental health, their physical wellbeing, their relationships, their education and their ability to fully participate in work and community life.

The website for the royal commission has a section dedicated to sharing the stories of victims-survivors. I'm reminded of one, from Trev. During his session, Trev outlined how the abuse he endured had shaped his life—his need for lifelong psychiatric help over 40 years and his many trips to psychiatric hospitals. He disclosed that he had been diagnosed with PTSD and severe depression and has been on medication for a very long time.

Trev's story, like that of so many other victims-survivors, highlights why this legislation is so crucial. Many face persistent barriers to stable employment and financial security. The harm they have experienced is not only emotional and psychological; it is deeply material. The financial compensation a court awards is not symbolic. It is a recognition of real, ongoing harm. It's resources that may help a person access therapy, maintain stable housing or rebuild a life that was disrupted in the most fundamental of ways.

When a perpetrator shields their assets in superannuation while a survivor struggles financially, often as a direct result of the abuse they suffered, it does not just deny them money; it reinforces the concern that many victims have that the system is not built for them. That cannot be a message allowed to stand. Compensation orders cannot be unenforced, otherwise it corrodes confidence in the justice system more broadly. If victims-survivors and the wider community cannot trust that court orders will be meaningful and that accountability will be real, then we are failing in our most fundamental obligations.

The courage and fortitude that is required to reach the point where this legislation becomes relevant is enormous. Coming forward is not a simple process, especially decades after the abuse. It requires a kind of strength that is difficult to fully comprehend. Victims-survivors must confront not only their own pain but often disbelief, scrutiny and the retraumatising of legal proceedings. They must relive painful experiences in pursuit of outcomes that are never guaranteed.

For many, the decision to go to the courts represents years of internal struggle. They don't do it only for themselves but because they believe and they hope that the system will deliver justice for them—that the law will say, 'What was done to you was wrong, and there are consequences.' When a court does exactly that, it awards compensation, and then that award goes unpaid, we are not only failing the individual; we are betraying the trust of every victim-survivor who is watching, wondering whether it is worth coming forward. This legislation is an answer to that question. It is worth it.

We know how important this bill is, but we also know that it is not the end of the road. The superannuation and bankruptcy systems are technical and complex. This legislation is carefully designed to be enforceable and consistent with broader legal principles. It closes a clear loophole, but there is more work to do, and the Albanese Labor government is committed to continuing this work. We have heard clearly and powerfully the voices of victims-survivors and advocates who are already looking to us to build on these reforms. Their lived experiences must remain at the centre of this conversation. They know where the system is still falling short.

When victims-survivors tell us that, it is our responsibility to listen and to act. That is why reviewing the implementation of this measure is required. This parliament must not simply pass this legislation and move on. We must remain engaged with whether these provisions are working in practice, whether victims-survivors are genuinely benefiting and whether changes are needed. Our policy work must continue to be shaped by victims-survivors, advocates, legal experts and practitioners. We must ask honestly whether the law is delivering on its intent and whether barriers remain that must be removed.

A court order has to mean something. When a judge awards a compensation to a victim-survivor of child sexual abuse, that shouldn't be the start of another fight; it should be the beginning of some kind of resolution. This bill makes sure perpetrators can't just move money around or declare bankruptcy to get out of paying. That is what this bill does. But, for victims-survivors who have been waiting sometimes for years for that compensation to arrive, this matters a great deal.

I think about the people who will never see this debate and who have contributed to us getting to this point: those who were let down by a system that was weighted against them; those who decided that, after all they had endured, another fight wasn't worth it because nothing ever seemed to change; and those whose light was extinguished by an act of pure evil. I hope this is evidence that it does change—yes, sometimes slowly and imperfectly, but it does change.

I also think about the victims-survivors who are still in the middle of their fights right now, still waiting on a court, still wondering if the compensation order they're hoping for will actually mean anything. We're doing this for them. It means that, if they get that order, we've done more to make sure it sticks. We owe it to every single one of them to get this right, to keep listening and to keep going. I commend the bill to the House.

Debate adjourned.