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

Marion Scrymgour (Lingiari, Australian Labor Party) Share this | Link to this | Hansard source

I understand that the member for Pearce would like to present a copy of her speech for incorporation into Hansard in accordance with the resolution agreed to on 6 November 2025.

Tracey Roberts (Pearce, Australian Labor Party) Share this | Link to this | Hansard source

() (): The incorporated speech read as follows—

Today I rise in strong support of the Treasury Laws Amendment (The Survivors Law) Bill 2026. This is an important and overdue reform—one that addresses a longstanding injustice faced by survivors of child sexual abuse and other serious abuse who have fought through the courts for recognition and compensation, only to find that the compensation awarded to them is beyond reach because of loopholes in our legal and financial systems.

For too long, survivors have endured not only the trauma of abuse itself but also the trauma of navigating legal systems that too often failed to deliver meaningful outcomes. Many have shown extraordinary courage in coming forward, recounting painful experiences in courtrooms and inquiries, only to discover that perpetrators could shield assets, hide behind superannuation arrangements or use bankruptcy to evade responsibility. This bill seeks to close those loopholes and ensure that justice is practical, enforceable, and real.

In my electorate of Pearce, these issues are not abstract. They affect families and communities across suburbs including Wanneroo, Clarkson, Banksia Grove, Tapping, Alkimos, Butler, Yanchep and Two Rocks. They affect people involved in local schools, sporting clubs, faith organisations and community groups—places that should always be safe and trusted environments.

Over recent years, many Australians have listened with deep sadness and anger to the testimonies that emerged through the Royal Commission into Institutional Responses to Child Sexual Abuse. Those testimonies resonated strongly within communities across Pearce. Constituents contacted my office not only to express support for survivors, but also to speak about their frustration with systems that appeared to protect perpetrators more effectively than they protected victims. Some survivors and advocates in Pearce have spoken about the emotional toll of obtaining a court judgement, only to encounter further delays, obstruction, or legal manoeuvring that prevented compensation from ever being paid. For survivors, that experience can feel like a second injustice. It can reinforce feelings that the system does not truly see them, hear them or value their suffering. This legislation directly addresses that problem.

The bill amends the Taxation Administration Act 1953 and the Bankruptcy Act 1966 to ensure that survivors can better identify and access certain superannuation interests held by perpetrators for the purpose of satisfying court ordered compensation. It also prevents compensation debts arising from child abuse from being extinguished through bankruptcy proceedings.

These are significant reforms because they recognise an important truth: debts arising from abuse are fundamentally different from ordinary commercial debts. They arise from profound harm—harm that can affect every aspect of a survivor's life, including their mental health, physical wellbeing, education, employment, relationships and long-term financial security.

In communities like Pearce, where many families are working hard to build stable and secure lives, access to justice matters deeply. People expect that, when a court makes a decision, that decision will have practical force and effect. They expect accountability to mean something tangible. Yet, too often, survivors have found that, even after years of legal proceedings, perpetrators were able to structure their affairs in ways that frustrated compensation orders. In some cases, assets were transferred or concealed. In others, bankruptcy was used as a shield. Superannuation, which is ordinarily protected for legitimate reasons, could become part of a broader strategy to avoid responsibility. That has undermined confidence in the justice system and caused enormous distress for survivors. This bill sends a clear message that accountability cannot simply be avoided through technicalities.

Importantly, this legislation is not about punishing people beyond the law; it is about ensuring that lawful court orders can actually be enforced. It restores integrity to the legal process and reinforces public confidence that the system stands with survivors rather than with those seeking to evade responsibility.

For many survivors in Pearce, compensation is not merely symbolic. It can provide practical support for counselling, trauma recovery, medical treatment, housing stability, education and rebuilding lives interrupted by abuse. Local support services and community organisations throughout the northern corridor of Perth have consistently highlighted the long-term impacts trauma can have on individuals and families.

Organisations working from Yanchep to Wanneroo have spoken about the growing need for trauma informed support services, particularly for survivors dealing with complex legal and financial pressures. Community legal centres, counselling services, family support organisations and victim advocacy groups understand that justice does not end with a court ruling. Enforcement matters. Outcomes matter.

This reform also reflects the tireless advocacy of survivors themselves. Many survivors have spent years campaigning for systems that are fairer, more compassionate and more effective. Some have done so publicly; others have worked quietly within their communities, sharing their experiences with parliamentarians, legal advocates and support organisations. Their courage has helped bring about this change.

I particularly want to acknowledge the role of community advocates who work across Pearce—often without recognition—supporting survivors through lengthy and emotionally exhausting legal processes. Whether through counselling services, grassroots advocacy networks, women's support services, youth organisations or legal assistance providers, these individuals have helped survivors navigate systems that can too often feel overwhelming and impersonal. Their work reminds us that trauma informed justice is not simply about legal reform; it is about designing systems that minimise further harm and respect the dignity of survivors at every stage.

That principle is reflected in this bill. By reducing the ability of perpetrators to delay or avoid payment, this legislation helps spare survivors from repeatedly reliving traumatic experiences through prolonged enforcement battles. It recognises that survivors should not have to spend years chasing compensation that courts have already determined is rightfully owed to them.

The significance of this reform is therefore both practical and symbolic. Practically, it improves access to compensation and strengthens enforcement mechanisms. Symbolically, it affirms that the parliament is willing to act when systems fail survivors. It says that justice should not depend on whether a perpetrator is able to exploit legal loopholes or financial structures. For large and fast-growing communities like Pearce, that message matters enormously. Pearce is home to many young families, community volunteers, sporting groups and local organisations that contribute to a strong sense of social cohesion. Trust in institutions—schools, clubs, churches, community organisations and the legal system itself—is essential to maintaining that cohesion. When accountability is weak, that trust is damaged. When the law responds decisively and fairly, confidence can begin to be restored. This bill helps strengthen that confidence. It demonstrates that parliament is prepared to confront gaps in the system and ensure that survivors are treated with fairness, dignity and respect. It also reinforces the broader principle that perpetrators of abuse should not benefit from protections or loopholes that were never intended to shield wrongdoing.

At the same time, this reform should be viewed as part of a broader commitment to supporting survivors and improving institutional accountability. Legislative change alone cannot undo the devastating harm caused by abuse, nor can financial compensation erase trauma. But meaningful compensation can provide support, stability, acknowledgement and a measure of justice.

As this legislation is implemented, it will be important to ensure that survivors can access the system effectively in practice, including in outer metropolitan and regional growth areas such as those represented within Pearce. Ongoing engagement with legal practitioners, survivor advocacy organisations, financial regulators and community support services will be essential to ensuring that the reforms operate as intended. We must also continue working to ensure that support services are accessible, trauma-informed and responsive to the needs of survivors from diverse backgrounds, including young people, women, Aboriginal and Torres Strait Islander Australians, culturally and linguistically diverse communities, and people living in rapidly growing outer suburban areas.

The experiences of survivors in Pearce reflect the experiences of survivors right across Australia: people seeking not special treatment but fairness; not sympathy alone but accountability; not promises but outcomes. This bill moves us closer to delivering those outcomes. It restores meaning to court-ordered compensation by ensuring that perpetrators cannot too easily evade responsibility through bankruptcy or asset protection arrangements. It strengthens confidence in the justice system by ensuring that judgements can be enforced. And it sends a powerful message that this government is prepared to stand with survivors and act to remove barriers to justice.

Importantly, it also reflects a broader cultural shift in Australia—a growing recognition that survivors must be heard, believed and supported, and that institutions must be accountable not only for preventing abuse but also for responding appropriately when abuse occurs. In Pearce, I know that many constituents expect this parliament to take practical action when injustices are identified. They expect us to strengthen systems where weaknesses exist and to ensure that laws reflect community expectations of fairness and accountability. This legislation does exactly that.

While no law can fully repair the damage caused by abuse, this reform ensures that survivors who have already endured the immense burden of legal proceedings are not denied the practical outcomes they have fought so hard to secure. This is a serious, measured and necessary reform. It is legislation grounded in fairness, accountability and dignity. Most importantly, it is legislation that will make a genuine difference to survivors in Pearce and across Australia.

I commend the bill to the House.

Gabriel Ng (Menzies, Australian Labor Party) Share this | Link to this | Hansard source

I rise in support of the Treasury Laws Amendment (The Survivors Law) Bill 2026. I'd like to acknowledge the moving contribution of the Minister for Regional Development, Local Government and Territories, which preceded this, for giving voice to some of the victims-survivors that she spoke about earlier.

For all members of parliament, for parents like me and for anyone with children in their lives, there are few crimes more horrifying and more devastating than child sexual abuse. Of course, there is the sickening cruelty and betrayal of the act or acts themselves, which are often perpetrated by someone in a position of trust or authority. But the impacts for victims-survivors can be lifelong. Many may not be aware of or acknowledge, let alone disclose, abuse until much later in life. For survivors, the harm does not end when the abuse stops. In many cases, it follows people for years and decades afterwards. It affects mental health, relationships, education, employment, financial security and the ability to feel safe in everyday life. Victims-survivors may experience post-traumatic stress disorder, anxiety, depression, substance abuse, self-harm and suicidality.

The reality is this issue touches far more people and families than many Australians realise. According to the Australian Child Maltreatment Study, more than one in four Australians have experienced child sexual abuse. Research shows more than one in three girls and almost one in five boys have experienced child sexual abuse in Australia. These are confronting figures. National data tells us that more than half of recorded sexual assault victims in Australia are children and teenagers under the age of 18. They are people we know. They are our neighbours, friends, colleagues and family members.

Across communities like ours, there are survivors quietly carrying trauma—raising children, working and moving forward while dealing with experiences that never fully leave them. Years can pass before somebody feels able to speak about what happened to them. Many fear they will not be believed. Many fear reliving the trauma through police investigations and court proceedings. Others carry shame and silence that was imposed on them as children by people who abused trust, power and authority. And, even when survivors do everything the system asks of them, justice can still be incomplete.

That is the problem this bill seeks to address. Too often, survivors have gone through lengthy court processes and secured compensation orders and still been unable to access the compensation they are legally owed. But in reality some offenders have been able to shield assets and avoid responsibility, including through the use of superannuation arrangements and bankruptcy processes. When I worked at the County Court of Victoria as a judge's associate, we had a case that had been in the court for years, through different legal proceedings, where the victim-survivor had successfully obtained compensation, and then, in exactly the circumstances that this bill seeks to address, the perpetrator had filed for bankruptcy. The victim-survivor had had to follow them through a number of Federal Court proceedings and then back to the county court in a way that can only be described as systems abuse. Perpetrators are causing further harm and trauma by using the justice system and by frustrating justice.

There is a saying that justice delayed is justice denied. This only talks about half the picture, because often legal processes themselves can be traumatic and gruelling. They are, of course, expensive. Sometimes victims-survivors are required to give evidence in civil proceedings in ways that they would usually be shielded from in criminal proceedings. They can consume weeks and sometimes years of people's lives, especially where proceedings are drawn out in the way that they often are by people who engage in systems abuse. After years of trauma and the stress of legal proceedings, after finally hearing a court acknowledge the harm that has been done to them, victims-survivors are still forced into further, exhausting battles simply to enforce what the justice system has already recognised. And that is why this reform matters.

This reform has been in discussion for years. In 2018, the Turnbull government announced it would legislate to allow victims of serious crimes to access a perpetrator's superannuation to satisfy compensation orders. But the legislation was never introduced, and survivors were left waiting. The Albanese Labor government is now delivering the reform survivors and advocates have been calling for for years. This bill closes a loophole that should have been closed long ago, and it helps ensure accountability has real meaning in practice, not just in principle.

This debate is about more than just financial enforcement alone. It is about whether the justice system can be weaponised by perpetrators to cause further harm to people who have already experienced immense trauma. This is in circumstances where the court has already recognised harm and a judge has awarded compensation. If survivors cannot access what is owed to them, the justice that compensation can represent is never fully realised.

This reform exists because survivors and advocates refused to let this issue disappear. It is incredible that some people can bring the hardest experience of their life and channel it into advocacy in this space and in so many other spaces where we have the privilege to meet victims-survivors who advocate around issues in this place. I want to acknowledge the extraordinary advocacy of survivors, families, lawyers and child protection organisations over many years, including organisations such as Bravehearts, Fighters against Child Abuse Australia and the Carly Ryan Foundation, alongside so many others who continued to push this issue into the national spotlight and refused to let it be ignored.

I've come into contact with some of these advocates and victims-survivors through our work in the Standing Committee on Social Policy and Legal Affairs inquiry into domestic, family and sexual violence and suicide. Of course, the terms of that include victims-survivors of child abuse. The fact that this inquiry seeks to investigate and reduce the risk of suicide that results from domestic, family and sexual violence reflects the real ongoing consequences of childhood sexual abuse. I'd particularly like to acknowledge a couple of victims-survivors who gave evidence before the inquiry: Connor and Camille, who spoke very powerfully and affectingly about their experiences. They will certainly inform the final outcomes of that inquiry. It is a very brave but also a generous thing that advocates do, using their time and their energy to help us in this place better understand how we can legislate to ensure that the harms that are caused to them are less likely to happen to others in the future and understand how we can close loopholes like this to make sure that the law is delivering justice.

Child sexual abuse often exists alongside family violence and coercive control, emotional abuse and financial manipulation. This bill closes a very serious loophole. It means offenders who owe court ordered compensation to survivors of child sexual abuse will no longer be able to shield certain superannuation contributions while leaving survivors unpaid. If compensation remains unpaid for more than 12 months, survivors will be able to access certain contributions made into the offender's superannuation account in order to satisfy that debt. The bill also ensures that debts cannot simply disappear through bankruptcy. That matters because bankruptcy should never become a mechanism for avoiding responsibility for serious criminal harm.

At its core, this bill says something very simple: if somebody commits profound harm against a child, they should not be able to protect their finances while survivors continue to carry the lifelong consequences of abuse. It's not about undermining the purpose of superannuation. Australians rightly value the superannuation system. But it was never intended to operate as a shield against reparations for such serious criminal conduct. It's about basic justice. People know the difference between protecting retirement savings and protecting offenders from responsibility, and this bill draws that line clearly.

What becomes very clear quickly is that abuse affects every part of somebody's life. I've met with survivors of abuse in my office, and they talk about how it can affect their confidence, their health and their stability, including economic and housing. It can affect a person's sense of safety and self-worth in everyday life. That is why this reform matters.

Frontline workers see the impacts of this every day. In my electorate of Menzies, in Manningham in Melbourne's east, organisations like Doncare community services and Eastern Community Legal Centre work every day with families facing trauma, financial stress and family violence. They understand that the effects of abuse do not simply disappear once court proceedings end. Trauma can shape a person's mental health, financial stability, relationships and employment. Recovery is often long, uneven and deeply difficult. The workers at these organisations, like Doncare, focus on recovery because they recognise that it is often a long road and that expert support is needed, often from people who have been through the same experiences.

Survivors need more than recognition of harm. They need systems that deliver practical accountability and real support. This is also why broader investment matters. Last year, the government announced $12 million in grants to support specialist and community organisations responding to child sexual abuse and harmful sexual behaviours in children. That funding means more trauma informed counselling, earlier support for vulnerable children and families and stronger frontline services in communities dealing with the long-term impacts of abuse. And, as part of the broader $80 million National Cabinet commitment to strengthen responses to family, domestic and sexual violence, it means more support reaching communities earlier. That matters because early intervention can change the course of somebody's life. It can mean a child receives support before trauma deepens further. It can mean families receive help sooner. It can mean cycles of violence are interrupted before they continue into another generation.

These investments are important because no single reform on its own can fully address the lifelong impacts of abuse, but legislation like this still matters enormously, because it addresses a clear injustice that survivors have identified themselves. For too long, survivors have done the hard part and carried the burden of advocacy. They have come forward. They have relived trauma. They have participated in difficult legal processes and advocacy. They have secured compensation orders through the justice system. And then those orders for compensation have been delayed or denied. Some offenders have been able to protect assets while survivors remain unpaid.

People expect accountability to mean something real. This bill helps restore that principle. It strengthens accountability in a targeted and measured way. Importantly, it reflects the voices and advocacy of survivors themselves. Many survivors have spent years pushing for changes like this because they understand better than anyone where the system has failed. Their advocacy has helped expose gaps in the law that allow offenders to avoid responsibility, even after criminal convictions and court ordered compensation. Their advocacy matters. It has helped move this parliament towards a fairer outcome, and it's important that this parliament continues listening to those voices.

At its heart, this bill is about dignity, fairness and responsibility. It is about making sure our legal and financial systems do not leave survivors carrying the burden while offenders continue to enjoy their assets. When a court says compensation is owed to survivors of childhood sexual abuse, that compensation should be paid as soon as possible. It should not be out of reach because of financial loopholes. Survivors deserve better than that.

This legislation will not erase trauma, and it will not undo the harm caused. No amount of compensation can ever truly do that. But this reform does move us closer to a system where justice is real, enforceable and meaningful. For that reason, I commend the bill to the House.

Peter Khalil (Wills, Australian Labor Party, Assistant Minister for Defence) Share this | Link to this | Hansard source

The Albanese Labor government understands— it's a truism, I guess—that you do get the best policy outcomes when you meaningfully engage with the people that the policy is actually for. That's why have listened to and continue to listen to survivors of child sexual abuse and advocates, who have long called for stronger accountability for perpetrators and improved justice outcomes. Many people might not know, but convicted perpetrators of child sexual abuse in Australia can be ordered to pay financial compensation to their victims. There are multiple ways that that is done through court orders and so on, at the state level as well, and I'll run through those. But what people might not know is that a loophole actually exists in existing legislation that has meant that the perpetrators have been able to shield their assets in their superannuation, which effectively leaves victims and survivors without the compensation that they are owed and that has been determined that they should be paid.

This bill, the survivors law, closes that loophole for good. It allows victims and survivors to seek access to a perpetrator's superannuation to satisfy unpaid compensation orders where a criminal conviction has been made. The bill really goes to a very simple but fundamental principle: that perpetrators of child sexual abuse should not be able to hide behind financial structures to avoid accountability for their crimes. Justice is not only about conviction. It is also about meaningful redress, and the survivors law will provide meaningful redress for victims.

There are three avenues, as I mentioned earlier, in the manner in which victims are paid compensation. It includes state and territory compensation schemes, where the state or territory, rather than the offender, pays the compensation to the victim. There's compensation or reparation orders handed down as part of the sentencing process in a criminal proceeding, or there is a civil action pursued by the victim against the offender for damages. None of these options, however, allow the victim to access any financial compensation through the perpetrator's superannuation. According to the Department of the Treasury, there have been many such cases where offenders who are either subject to or anticipating criminal proceedings have made large voluntary personal contributions to their superannuation to avoid having to pay the compensation, and this has allowed the offender to shield their assets from those compensation claims. Obviously, this cannot continue, and the Albanese Labor government has introduced this bill to shut this loophole for good, ensuring that those who have suffered so horribly from abuse are no longer blocked from the compensation they deserve.

This bill seeks to amend the Taxation Administration Act 1953 and other relevant Commonwealth acts to allow victims and survivors of child sexual abuse to apply for a court order for the release of certain amounts from a perpetrator's superannuation interests. Under these reforms, where a court ordered compensation debt remains unpaid after 12 months, victims and 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 very practical and targeted step. It also introduces a mechanism to ensure that perpetrators cannot simply wait out their obligations while their financial position remains protected.

Importantly, this schedule 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 the legal and the moral 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. That's significant because it recognises that there are survivors right now, today, who are being denied justice under the existing framework.

When offenders retain substantial retirement savings while victims struggle financially, often as a direct consequence of the abuse they've suffered, it really undermines confidence in the justice system. It risks perpetuating a cycle where the burden continues to fall on those who were harmed, rather than those who caused the harm. Child sexual abuse crimes often leave deep and lifelong impacts that extend far beyond the period of abuse itself, and that trauma does not end when the abuse ends. For many victims and survivors, it is something they must navigate every single day, too often in silence and without the adequate support that they need. Some survivors face barriers to stable employment and financial security, meaning the harm they experience is not only deeply emotional and psychological but very material as well. For those who seek the pursuit of justice, they must then relive the painful experiences they went through from their abuser as part of that process.

This bill is our government's way of recognising the deep and lasting pain that victims do endure and trying, in an important way, to redress some of that pain. Under our government, no victim of child sexual abuse should have to endure the risk of financial insecurity due to the lasting effects of the abuse that they suffered. Our government is committed to protecting our most innocent and vulnerable citizens and holding those who seek to do them harm accountable. As a parliament, we must recognise that the impacts of child sexual abuse are enduring. They're complex. They're profound. Our response must be equally serious, sustained and centred on those who have been harmed. Importantly, we will continue to listen and improve and build upon these laws.

That is why this bill should be understood as a significant and necessary foundation for more work that needs to be done. It lays the groundwork for potential future reforms, because enclosed within these reforms is a framework that can be built upon in the future. This ensures the critical measure of being able to review these reforms after their implementation. We should and will remain engaged in our policies to ensure that they are making a tangible impact on those that they affect. That's why the review mechanisms enclosed in this bill allow our government the opportunity to assess whether victims and survivors are genuinely benefiting and whether additional changes are required. The legislation will continue to be informed by voices of survivors, advocates, legal experts and practitioners. Engaging with these stakeholders is critical to ensure it is delivering on its intent and whether barriers remain that need to be removed.

The reforms enclosed within this bill will make a real difference in the lives of victims and survivors. They cannot wipe away the pain and the trauma, but they will make a difference. The ability to provide new avenues for enforcement and financial compensation will allow for a greater chance of achieving some measure of justice for the survivors. Our government can't—no government can—reverse the harm that has been experienced by these victims-survivors. No-one can do that. Survivors of child sexual abuse have gone through a horrific experience. We can't reverse that. We can, however, legislate reforms here in this place to ensure that the perpetrators of these crimes feel the full enforcement of the law, because those who seek to harm children should know that this government and this parliament will not stop until survivors get the justice they deserve.

This bill is about aligning our financial and legal systems with—in effect—our values in many respects. These are values that say perpetrators must be held accountable and that the victims and the survivors deserve not only recognition and acknowledgement of their pain and understanding but also meaningful support and redress.

So we stand in this parliament today—I think both sides of the House do—to demonstrate that recognition of the courage shown by so many survivors who've spoken out about the abuse that they have endured as children. It's no easy task to go through that experience and then speak about it many years later. Their lives have been shaped by pain, by injustice and by all that occurred to them at such a young age. It's so difficult to cope with at any age, but for them to go through this experience as children is horrific. Many of us here are parents, but even any of us who are not parents would all probably agree, very clearly, that no children should ever have to experience a suffering that so many victims and survivors have had to face.

This parliament, I think, is doing a good thing in reaffirming our responsibility to ensure that those voices are heard, that the injustices that they experienced at some level are addressed with some measure of justice and that the failures that have occurred in the past are never repeated. I commend this bill to the House.

Sharon Claydon (Newcastle, Australian Labor Party) Share this | Link to this | Hansard source

The debate is interrupted now in accordance with standing order 43. The debate may be resumed at a later hour. If any members require a continuation of speaking when the debate is resumed, permission will be granted.