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

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

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

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

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

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

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

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

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

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

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

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

Allegra Spender (Wentworth, Independent) Share this | Link to this | Hansard source

I rise today with honour to speak in support of the Treasury Laws Amendment (The Survivors Law) Bill 2026. Before I address the substance of the bill, I want to acknowledge those who have made this reform possible: advocates like Super for Survivors, Bravehearts, the Grace Tame Foundation, Fighters Against Child Abuse Australia, the Carly Ryan Foundation and the many victims-survivors and advocates who have shared their stories, often not just once but over and over again during consultation, media moments and closed-door discussions. We thank you, and we are deeply sorry for the pain you've been forced to carry. It takes an incredible amount of courage to speak up about what has happened to you, and even greater courage to do so on behalf of others to ensure that it will not happen to them. This is, sadly, too often how important legislation like this can happen.

Let's turn to the bill. This bill attempts to confront a unique injustice: perpetrators of child sexual abuse who use the superannuation system to shield assets from compensation claims. Currently, perpetrators can make large contributions to their superannuation, sometimes to the tune of millions of dollars, which are, in most cases, protected from creditors, and then declare bankruptcy to avoid paying compensation that their victims are owed. This is no longer just a loophole; it has been documented to be a deliberate way that perpetrators can continue their abuse by denying victims-survivors the financial compensation and justice they are owed. I'm pleased that the government is finally denying perpetrators the opportunity to utilise this loophole.

This bill creates a framework that enables victims-survivors of child sexual abuse and similar offences to seek access to a perpetrator's superannuation to satisfy unpaid compensation orders arising from criminal or civil proceedings. The legislation includes important safeguards. The framework only applies where a compensation order has remained unpaid for 12 months or more and where the perpetrator has been convicted of or found guilty of certain offences to a criminal standard. In this legislation, these offences relate to child sexual abuse offences. Victims-survivors who meet the criteria must apply to the commissioner, who can then facilitate the release of funds through the creation of a new type of release authority. Perpetrators retain the right to challenge any such order.

This justice matters deeply. We know that victims-survivors experience long-lasting impacts of their abuse beyond the abuse itself. This trauma can go on to impact their mental health, their relationships and their ability to work, study and trust others. We have a responsibility to ensure that the justice, including compensation, that victims-survivors are owed is delivered in its fairest form. Compensation cannot undo harm, but it can recognise these impacts. When perpetrators are able to manipulate the legal system to avoid this justice, this injustice compounds.

I've expressed my support for the bill and will vote for it. However, I want to flag an omission in this legislation which my amendment is seeking to address. The minister himself acknowledged in his own second reading speech that mechanisms for review are necessary to ensure that legislation is functioning as intended. Despite this, there is no such provision in this bill. We cannot simply implement legislation and consider the job done. This is not just for the sake of trust and integrity but for the very victims-survivors this government and this parliament are seeking to protect and empower through this bill. We have an obligation to monitor outcomes, identify gaps and act where a framework is falling short. The government has a responsibility to respond to these reviews as well. Accountability is what turns good intentions into lasting change. My amendment also invites the review to consider whether the framework should be extended beyond child sexual abuse offences.

This bill has rightly been driven by high-profile cases involving child sexual abuse. The advocacy has been sustained, powerful and effective. But the question I ask is: are there other victims-survivors of sexual violence, domestic and family violence or other offences who might equally benefit from a framework that prevents perpetrators from using superannuation to evade their obligations? I want to be unambiguous. I am not seeking to delay this legislation with this question. The reform that victims-survivors of child sexual abuse have fought for deserves to be implemented without hesitation.

I also recognise that different offence categories involve different complexities. Careful consultation with stakeholders and lived experience advocates would be required before any expansion could responsibly be undertaken. That is exactly why this is a question for a review after this legislation has been operating for some time, not a precondition for the bill's passage. My amendment requires the minister to cause an independent review within two years of the legislation coming into effect. The reviewer will have six months to complete the review, and then the minister must table the report in parliament within 15 sitting days of receiving the final report. This review will be asked to consider: (a) whether the amendments are achieving their objective of enabling victims-survivors of child sexual abuse offences to access compensation from a perpetrator's superannuation; (b) the effectiveness of the safeguards established by the amendments; (c) any barriers that have prevented victims-survivors from accessing the framework; (d) whether any further amendments are necessary or desirable; and (e) whether the framework established by the amendments should be extended to victims and survivors of offences other than child sexual abuse offences and, if so, what offences and conditions ought to apply.

This is a modest amendment which enforces a commitment that the minister has already indicated the government would like to make. It is an obligation on us as elected representatives to ensure that the legislation we are writing and voting on is indeed working as intended. I understand that the government is intending to move a second reading amendment in the Senate to show their commitment to a review. Whilst I understand that the government wishes for this legislation to pass swiftly through both houses and, as such, has opted for a second reader, it is frustrating that this cannot be committed to formally through amending the bill itself, rather than through a non-binding commitment. I trust the government's intention on committing to such a review. However, this commitment should be in the form of clear accountability mechanisms, not just words.

This bill is long overdue. It seeks to correct continuing injustices which should never have occurred. It tells a powerful message to victims-survivors that we will not allow the justice system to be manipulated to deny what you are rightly owed. I support this bill and commend it to the House.

Carina Garland (Chisholm, Australian Labor Party) Share this | Link to this | Hansard source

The Albanese Labor government is committed to standing with victims-survivors, and I want to thank all victims-survivors and advocates for their work in informing this Treasury Laws Amendment (The Survivors Law) Bill 2026. We are committed to ensuring our legal and financial systems work in the interests of justice, not in the interest of offenders seeking to evade responsibility. That's exactly what this legislation does. It works in the interests of justice.

This is an important and overdue reform. It is a reform grounded in justice, accountability and dignity for victims-survivors of child sexual abuse. It is a reform that says clearly and unequivocally that perpetrators of these abhorrent crimes should never be able to hide behind financial loopholes to avoid paying compensation owed to those they have harmed. We will always stand with victims-survivors. I will always stand with victims-survivors. For far too long, there has been a deeply unfair loophole in our system, a loophole that has allowed convicted child sexual abusers to shield assets in superannuation accounts while refusing or avoiding paying court ordered compensation to victims-survivors.

That loophole has caused immense distress and frustration for survivors. After enduring unimaginable and horrendous abuse, after showing the incredible courage to come forward, after participating in deeply traumatic legal proceedings and after securing a compensation order through the judicial system, too many survivors are left facing the devastating reality of the offender still refusing to pay. They have to face the reality that the assets of the offender remain protected. This means that justice is incomplete. This means that justice is not delivered. This can no longer be the case. This bill closes that loophole.

The bill establishes a very clear principle that convicted perpetrators of child sexual abuse cannot use the superannuation system as a shield against accountability. Under these reforms, victims-survivors will be able to apply for a court order to access additional or salary-sacrificed superannuation contributions made by the offender where a related compensation order remains unpaid after 12 months. Importantly, victims-survivors will also be able to apply to the Australian Taxation Office with appropriate safeguards to identify whether eligible superannuation exists before seeking that court order. This is a really practical, targeted measure and, most importantly, it is a reform designed to deliver meaningful outcomes for survivors.

We know child sexual abuse causes profound and lifelong harm. Its impact extends across every aspect of a person's life. It affects mental health, physical wellbeing, relationships, educational outcomes, employment and financial security. For many victims-survivors, the trauma does not end when the abuse ends. It's carried on for years and often decades. Too many people face ongoing barriers to stable work and economic security as a direct consequence of the abuse they suffered as children. So this issue before the House is not simply about financial compensation; it's about recognition and accountability. It's about ensuring that victims-survivors are not left carrying the burden alone while perpetrators continue to benefit from protected assets.

Justice often means more than just securing a conviction. It's about ensuring meaningful redress. What message does it send when a perpetrator can accumulate significant savings while refusing to pay compensation ordered by a court? What message does that send to survivors who have already endured so much? By not closing this loophole, we undermine confidence in the justice system. What has happened before compounds trauma. It perpetuates unfairness. It's wrong. It needs to change. This bill seeks to restore balance. Our reforms say very clearly that our financial systems must align with our values, and our values demand justice and accountability.

This bill also introduces important amendments to the Bankruptcy Act 1966. These amendments will ensure compensation debts owed to victims-survivors survive bankruptcy. That's a critical part of what we're putting before the House today. Bankruptcy should never become a refuge from accountability for perpetrators of child sexual abuse. Financial manoeuvring must never override moral and legal responsibility, and these reforms ensure offenders cannot simply walk away from debts owed to survivors through bankruptcy processes.

Another important feature of this legislation is that it applies not only prospectively but also to historical compensation orders that remain legally enforceable. That matters greatly, because there are survivors right now who have been denied justice under the existing framework; there are survivors who have waited years for compensation that was lawfully ordered by the courts. This legislation recognises their experiences and seeks to address those existing inequities.

These reforms did not emerge in isolation. They are the product of years of incredible, courageous advocacy from survivors, families and organisations determined to improve a system that has too often failed victims-survivors. I want to acknowledge the extraordinary courage of, and to deeply thank, the survivors who have spoken publicly about their experiences. That bravery cannot be overstated. Coming forward is never easy. Reliving trauma in public is never easy. Yet survivors and advocates continued to push for change because they believed future survivors deserved a better system. And because of their advocacy, because of their courage, our government is acting.

I want to acknowledge, too, the organisations that have campaigned tirelessly for reform in this area—organisations like Bravehearts, the Grace Tame Foundation, Fighters Against Child Abuse Australia, the Carly Ryan Foundation and Super for Survivors. These organisations, alongside survivors and advocates, have played a vital role in bringing these issues to national attention, and their advocacy has made a real difference.

Our government has listened to what these organisations and survivors have had to say. We've listened to the many Australians who believe that perpetrators should not be able to exploit legal and financial loopholes to escape accountability and to deny people justice. I want to thank very deeply those in my community of Chisholm who've taken the time to contact me and speak to me about this very important issue.

Importantly, our government has also committed to reviewing the operation of these laws, after full commencement, to ensure that they are operating effectively for victims-survivors. This is really important, because this legislation should not be viewed as the end of the conversation. Instead, it is a significant step forward and establishes an important foundation. But we must continue listening to survivors and looking for opportunities to improve outcomes and strengthen justice at every juncture.

I believe this place is at its absolute best when we work together to deliver meaningful reform for those in our communities who need it most. I do want to acknowledge the bipartisan and crossbench support that has been expressed for this legislation, because protecting children and supporting victims-survivors should never be a partisan issue.

The reforms before us today are about basic fairness, about justice, about accountability and about ensuring the law reflects community expectations. At the heart of this bill is a very simple idea: if a court has ordered compensation for a survivor of child sexual abuse, convicted perpetrators should not be able to shield their wealth while refusing to pay. I think this is fair and long overdue.

To any victims-survivors watching this debate today: the message from the government and the parliament is clear. We hear you, we believe you and we are committed to ensuring our systems deliver accountability and justice. I commend the bill to the House.

Julie-Ann Campbell (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

Behind every piece of legislation are real people whose lives have been profoundly impacted, and this bill, the Treasury Laws Amendment (The Survivors Law) Bill 2026, is a stark reminder of that fact. At its core, this bill responds to a simple but fundamental principle: perpetrators of child sexual abuse should not be able to use financial structures to avoid accountability. For too long, a deeply unjust loophole in our system has allowed convicted offenders to shield wealth held in superannuation while survivors have been left unpaid the compensation that courts determined was owed to them.

As the minister stated in his second reading speech, these reforms have not emerged in isolation. They are the result of a sustained advocacy from survivors, from families and from advocates who have worked for years to ensure that survivors would not be left without justice or meaningful compensation. It is because of them and for them that we are here today. This legislation takes an important step forward in addressing that injustice and ensuring that our legal and financial systems better reflect basic principles of fairness, accountability and dignity for those survivors.

This bill closes a loophole that has undermined confidence in both our financial system and our justice system. Under the current framework, survivors may successfully pursue a compensation order through the courts by enduring lengthy legal processes, having to stand up and repeat their stories again and again and again. They relive deeply traumatic experiences but may still be left without meaningful compensation, without meaningful redress, because assets remain protected inside superannuation. This needs to change, and this needs to change now.

The law should never be allowed to operate in a way that allows those who have caused profound harm to retain significant protected assets while survivors are left carrying the financial consequences of that harm as well as the emotional and personal consequences of that harm. This bill changes that. It creates a framework that allows survivors of child sexual abuse offences to seek access through a court order to certain superannuation contributions made by a perpetrator where compensation debts remain unpaid.

Importantly, this is not an unlimited or sweeping measure. The framework has been designed carefully and specifically. It applies in circumstances where there has been a criminal conviction and where compensation ordered by a court remains unpaid after a significant period of time. That matters, because reforms in this area must balance the need for justice with the integrity and stability of our superannuation system. Super exists to provide dignity and security in retirement. It is a famous Labor reform, but that principle cannot be distorted into a shield against accountability for serious criminal harm.

This legislation recognises that financial systems should reflect community values and basic fairness. When this bill is passed, they will. One of the most important ideas underpinning this bill is that justice cannot stop at conviction alone. Nothing can stop the horrific experiences of survivors. But what we can do is listen to their experiences, understand what they need and take action.

There is a growing recognition in our community that accountability is not only about securing a guilty verdict; it is also about ensuring meaningful redress for victims-survivors. For many survivors, the impacts of abuse do not end when criminal proceedings conclude. Child sexual abuse leaves deep and lifelong scars. Survivors often carry the effects of those scars into their adulthood, affecting their mental health, physical wellbeing, relationships, education, employment and financial security.

The trauma does not simply disappear with the passing of time. Many survivors continue navigating its impacts day in and day out, often quietly and without adequate support. For some survivors, the harm is not only emotional and psychological but deeply material as well. Some face barriers to stable employment and financial security directly connected to the abuse that they experienced. When compensation orders remain unpaid, it compounds that harm. It sends a message, whether intended or not, that the burden continues to fall on those who were harmed rather than those who caused the harm. It flips the accountability switch, and this legislation is intended to put it right. This bill seeks to rebalance that inequity. It recognises that compensation orders are not symbolic; they need to mean something and they need to be real. They are intended to provide real acknowledgement, real accountability and some measure of justice.

Another important feature of this legislation is the amendment to bankruptcy laws to ensure compensation debts can survive bankruptcy proceedings. This is a significant reform. Bankruptcy exists for important reasons within our legal and our economic systems. But bankruptcy should never become a mechanism through which perpetrators can escape responsibility for causing serious harm to others. This bill sends a clear and necessary message: financial manoeuvring must not override moral and legal accountability in a fair system in this country. Where compensation has been ordered because of the devastating impacts of child sexual abuse, those debts should not simply disappear through bankruptcy while survivors continue living through the consequences.

Again, this reform is about restoring balance, and it's about restoring fairness to the system. It is about ensuring that the law does not inadvertently protect perpetrators while leaving survivors without recourse. As I stated at the beginning of this speech, these reforms have not emerged in isolation. They are the result of sustained advocacy from survivors, from their families, from legal experts and from organisations that have worked tirelessly to expose where the system has fallen short. Many survivors who advocate for reform do so while carrying extraordinary personal pain, and the courage it takes to come forward, often years after the abuse occurred, can never be overstated. Many victims-survivors have spent years and in some cases decades seeking accountability and recognition through systems that too often compounded their trauma rather than eased it. They have had to repeatedly revisit traumatic experiences in pursuit of justice, knowing outcomes were never guaranteed. That takes enormous strength. It takes enormous tenacity.

And this parliament has a responsibility not only to listen to survivors but to act when the system is failing. When survivors tell us that a loophole is allowing perpetrators to avoid accountability, we should take that seriously. This legislation reflects that listening, but it also reflects what happens and what must happen after that listening, which is action to make sure that that listening is not in vain. It reflects the understanding that lived experience must be central to policy development and to reform in this area. These are technically complex reforms. Superannuation law and bankruptcy law are highly specialised areas. Any changes must be carefully designed to ensure that they are enforceable, workable and consistent with broader legal concepts. This bill adopts a targeted approach. It focuses specifically on circumstances involving criminal convictions for child sexual abuse offences and unpaid compensation orders. That targeted design is important because it demonstrates that the government has sought to address a serious injustice while maintaining confidence in the broader superannuation framework.

The bill also includes a review mechanism once the reforms are in operation, and this is critical because legislation like this should not simply pass through parliament and then be forgotten. It needs to have teeth, and it needs to mean something. We have an obligation to ensure these measures are working effectively for survivors in practice. Reviewing the operation of the reforms provides an opportunity to identify whether barriers remain and whether further changes may be necessary in the future.

Listening to the experiences of survivors does not stop at the passing of this legislation. It has to continue. We need to ensure that these laws work for the people that they are intended for.

Superannuation is one of Labor's proudest legacies. It reflects the long-term and responsible view that Labor took all those many years ago of Australians' future: every Australian deserves the dignity and security of an independent retirement after a lifetime of hard work. Over more than three decades, our superannuation system has strengthened retirement incomes. It has reduced pressure on the age pension. It has helped deliver greater security and peace of mind for millions and millions of Australians.

But the purpose of superannuation was never to shield predators from accountability. This bill ensures that those convicted of the most serious offences cannot exploit protections within that superannuation system to avoid paying compensation that courts have determined are owed to victims-survivors. In doing so, it protects both the integrity of the system and the principles of fairness and accountability that must always underpin it.

This bill should also be understood as part of a broader journey of reform. It is a significant and necessary foundation. It closes a clear loophole, it sends a strong signal about the direction of reform and it establishes a framework that can be built upon in the future if additional changes are required. Importantly, it also acknowledges something many survivors have told us for years: justice systems and financial systems cannot operate separately from human consequences. When perpetrators retain substantial protected assets while survivors struggle financially, confidence in those systems is undermined—and confidence in those systems is important for every Australian, particularly those who've experienced the hurt that we are talking about today.

People rightly expect our laws to reflect fairness, to reflect accountability and to reflect community standards. This legislation moves us closer to that. At the beginning of my remarks, I spoke about the seriousness and sensitivity of this debate. I also spoke about the survivors and the advocates whose persistence has brought this issue to this place and before the parliament. This bill will not undo the harm survivors have experienced—no legislation can. But it's an important step in the right direction.

Pat Conaghan (Cowper, National Party, Shadow Assistant Treasurer) Share this | Link to this | Hansard source

Can I start by first acknowledging all the victims-survivors. We can stand in this place and speak to bills such as this one, the Treasury Laws Amendment (The Survivors Law) Bill 2026, and we can work in the sectors that support victims-survivors, but we can never understand what they have been through and the scars that they endure for the rest of their lives. I'd just like to start by acknowledging them, their strength and their advocacy for the people they support as well.

Perpetrators of child sexual abuse should never be able to hide from justice or retribution, and our legal system should never provide those found guilty with loopholes to hide behind in plain sight. These heinous acts must be punished with the full force of the law and all perpetrator freedoms must be duly revoked. I believe that these offenders have a special place reserved for them in hell.

I often speak about my time in the police as a country copper, as a detective and then as a prosecutor. I saw some terrible things—countless fatalities, suicides—but nothing stuck with me like child sexual assault or child exploitation material. That was the only thing that continued to bother me when I left the police. As a result, I went into law and I made a decision there and then, on day one, that I would never take a brief for child sexual assault or child exploitation material. And I slept well every single night. As I said, these people have a special place reserved for them in hell, and we can never know and never understand the true trauma that the victims-survivors actually go through. We can watch it, we can observe it and we can walk with them, but we'll never understand. That is why this bill is so important.

Victims-survivors carry the scars inflicted upon them for life through no fault of their own. They live with mental health challenges and stigma every single day. In many cases, these ongoing impacts affect the survivors' ability to maintain healthy and positive relationships, including long-term employment opportunities, and achieve financial stability and security. It is imperative that we as a parliament provide the framework to support those people.

The bill we are discussing here today is a positive and necessary step, and I know it will be a welcome relief for the many contributors to the final iteration we see in the House today. It's been an excruciating wait over eight years since the original coalition led consultation that specifically dealt with superannuation. I'm sure that, on both sides of the floor, we agree with its swift and immediate passing in the best interest of all survivors of child sexual abuse and their families.

These measures are entirely apolitical and bipartisan, and so they should be. I'd like to genuinely thank the Assistant Treasurer for his open and considered approach in relation to these issues to date. I'd also like to acknowledge the work of the former coalition minister for financial services Kelly O'Dwyer for making a start on these reforms back in 2018. I do need to stress that this is a first step and that there is much more to be done when it comes to victims of crime more broadly. I say that with the survivors and the advocates in mind. Please know that we have heard you and we know there are more considerations that must be taken into account as quickly as possible that this bill may not have directly addressed. To give credit where credit is due—I know that the Assistant Treasurer is committed to working through all the implications for the final steps.

With that, I'd like to run through the specific problem that this bill seeks to address and why it is critical that we do what we are doing. In the past, where an offender knows that they will be facing court, they have transferred assets into their superannuation in an attempt to avoid compensation to the victim-survivor. That was a gaping loophole and one that was identified by victims-survivors and advocates a long time ago. You might ask, 'How could that possibly occur?' The answer is as simple as it is unethical. The perpetrators have hidden their assets in their superannuation and declared bankruptcy to avoid having to pay their victims the amounts they have legally been awarded through our justice system. Due to the historic protections around superannuation accounts, this evil loophole has been easily exploited.

As I indicated, as a former prosecutor and later a defence lawyer, I'm well aware that the burden of proof in these case lies squarely with the victim and prosecution. In order for a court to find an accused perpetrator guilty, the amount of evidence that needs to be supplied, retold and relived is as necessary as it is horrific. To know that a victim can be subjected to that torture, finally awarded with a guilty verdict and handed down a compensation amount only to have that compensation ripped away by a legal loophole that goes unchecked is simply unthinkable.

This bill will now shut that loophole. By creating a court supervised process for survivors of child sexual abuse to access certain superannuation amounts held by a perpetrator, this bill allows a court to order the release of the perpetrator's funds that were previously protected under superannuation law. It also allows a court to make an order to release superannuation information that was previously confidential. This is important because transparency and strong deterrent will ensure that abusers can't hide their assets.

I would like to acknowledge and recognise the contributions of Carolyn Kelly. Carolyn is a New South Wales solicitor in Port Macquarie. She's a grandmother to Edan Van Haren, a child who suffered horrific abuse at the hands of prominent CEO Maurice Van Ryn. Van Ryn was found guilty in July 2023 and ordered to pay compensation amounting to $1.4 million plus legal costs. To date, Edan has not received his court directed amount, and that's due to Van Ryn's exploitation of the Bankruptcy Act. With Edan and his family in mind, we must pass this bill as swiftly as possible to immediately assist all victims currently left waiting and without their due compensation.

I do want to note some of the concerns and suggestions from the Law Council of Australia and the Australian Lawyers Alliance and ask that we monitor cases closely once the changes begin. The Law Council said:

It appears likely that once in place, the proposed framework will create a demand for legal assistance from victim-survivors seeking to access the scheme. Consideration should be had to ensuring these reform measures are accompanied by adequate increases to frontline legal services, to ensure there is sufficient capacity to respond to this increase in legal need.

The Association of Superannuation Funds of Australia said:

It would be possible for an offender to fund a contribution to the superannuation account of a third person, such as a family member or friend, with an understanding that when that person becomes eligible for a benefit they will remit a portion of their superannuation benefit to the offender.

We have to ensure that closing this loophole does not open another one and that victims are adequately supported to take advantage of the new legislation.

But we will not let perfect be the enemy of good in this instance, and I fully agree with my colleagues around the floor. This legislation is critical. This legislation is just and considered, and this legislation must be passed immediately.

Renee Coffey (Griffith, Australian Labor Party) Share this | Link to this | Hansard source

At the outset, I acknowledge victims and survivors of child sexual abuse, including those whose courage, persistence and advocacy have helped bring the Treasury Laws Amendment (The Survivors Law) Bill before parliament.

Some survivors have spoken publicly. Many have not. Some have shared their experiences in courtrooms, in submissions, in media conferences, in meetings with members of parliament or in quiet conversations with people they trust. Others have carried their story privately for many years, often without the recognition, support or justice they deserved. To every survivor who has contributed to this reform, whether publicly or privately, I say thank you. Your courage has helped change the law and your advocacy has helped secure this.

Parliament sees a gap that should never have been allowed to remain. I also acknowledge the families, friends, advocates and supporters who have stood beside survivors through very difficult processes. I acknowledge the victims and survivors who spoke so powerfully before the introduction of this bill. Speaking publicly about trauma is never easy, and it can come at a personal cost. When survivors choose to speak, this parliament has a responsibility to listen with care, with respect and with a willingness to act.

I acknowledge the organisations that have advocated for this reform over a long period, including Super for Survivors, Bravehearts, the Grace Tame Foundation, Fighters Against Child Abuse Australia and the Carly Ryan Foundation. I also acknowledge those members across this parliament who have worked towards this reform, including the member for Boothby, the member for Eden-Monaro, the member for Lyne, members across the chamber and across parties and the crossbench who have supported this very important work. I thank the Assistant Treasurer and Minister for Financial Services and the Attorney-General for bringing forward this bill.

When we debate laws like this, we are speaking about people's lives. We are speaking about the children who were harmed, the adults who carried out that harm and the families who have stood beside the victims-survivors. We must approach this debate with care and avoid language that diminishes, sensationalises or turns a person's story into a political point. We should also recognise that survivors are not a single group with a single experience. Some seek public advocacy, while others seek privacy. Some want court action, while others do not. Some want to speak, while some never will. All deserve respect and all deserve systems that are safe, fair and responsive.

A survivor-centred response starts by recognising that the person who was harmed should not be forced to carry that cost alone. Justice can take many forms: being believed, a conviction, an apology, support to heal or compensation that is actually paid. No single bill can meet every need, but this bill meets a real and serious gap. It gives survivors a new avenue for enforcement, makes it harder for perpetrators to use superannuation as a shield and ensures bankruptcy cannot simply wipe away compensation debts owed to victims and survivors.

This bill goes to a fundamental principle: perpetrators of child sexual abuse should not be able to hide behind financial structures to avoid accountability. For too long, a deeply unjust loophole has allowed convicted offenders to shield assets and superannuation while victims and survivors are left without the compensation that they are owed. That's not only a technical failure in the law; it's a failure in fairness. When a court has recognised harm and ordered compensation, that order should mean something in the real world. A survivor should not be forced to endure the trauma of legal proceedings, secure a court order in their favour and then find that the person responsible can avoid repayment by relying on protected financial structures. That compounds the harm and undermines confidence in the justice system.

No law can undo the abuse that has occurred. No payment can erase the trauma or return the safety, peace or trust that may have been taken away. But compensation can still matter. It can help pay for counselling, health care, housing stability, education, work, care responsibilities and the long process of recovery. It can also provide practical recognition that the person responsible must not be able to walk away from their obligations.

Child sexual abuse can leave deep and lifelong impacts affecting mental health, physical wellbeing, relationships, education, employment, housing, trust and a person's sense of safety in the world. I do want to acknowledge all of the victims-survivors who have come to me since I have been elected as the member for Griffith to talk to me about their personal experiences with this in our community. Some survivors experience financial insecurity not because of any lack of effort or resilience but because abuse can reach into every aspect of a person's life. That is why compensation should not be treated as an abstract legal debt. We are speaking about the cost of therapy, medical care, lost opportunity, instability and years of navigating trauma without adequate support. We're speaking about dignity.

Under these reforms, where a related court ordered compensation debt remains unpaid after 12 months, victims and survivors of child sexual abuse will be able to seek access, through a court order, to certain superannuation contributions made by the offender. This includes additional personal contributions and salary-sacrifice contributions, which have previously been able to operate as a vehicle for shielding assets from enforcement. Victims and survivors will also be able to apply to the Australian Taxation Office with appropriate safeguards to identify whether there may be eligible superannuation before deciding whether to seek a court order. Without visibility, a survivor may be left in the dark, facing cost, uncertainty and stress before they even know if a pathway exists.

This bill improves transparency, gives survivors more information and makes it harder for perpetrators to wait out their obligations while their financial position remains protected. This is not an unlimited or automatic access regime. The bill is targeted, and it is designed to address the misuse of particular superannuation contributions as a shield against lawful compensation. Superannuation and bankruptcy systems are highly technical, and changes must be carefully designed so they are effective, enforceable and consistent with broader legal principles. But the technical nature of the system should never obscure the human reality. If a person has been convicted of child sexual abuse and a court has ordered compensation, they should not be able to use complex financial arrangements to avoid responsibility. Financial manoeuvring must not override moral and legal responsibility.

The bill also amends the Bankruptcy Act to allow compensation debts to survive a perpetrator's bankruptcy. Bankruptcy should not become a refuge from accountability for such serious harm. A survivor should not finally receive a compensation order only to see that obligation disappear because the perpetrator enters bankruptcy. These are not ordinary debts. They arise from profound harm, from abuse and from conduct that has damaged lives. Allowing those debts to survive bankruptcy sends a clear message that accountability does not end because a perpetrator's financial circumstances change.

The bill also recognises historical injustice. Unfulfilled historical compensation orders brought into existence before commencement will be eligible if they remain largely enforceable and were awarded in relation to a criminal conviction or finding of guilt for child sexual abuse. This reform is also for survivors who have already fought for recognition, endured the legal process and still have not received what they are owed.

The bill also reflects a trauma informed approach by protecting the identity of victims and survivors. Certain courts must not publish the name of the victim in relation to these proceedings or related appeals. For a survivor, privacy can mean safety, dignity and control. It can be the difference between being able to seek justice and being deterred from taking another step. A justice system that asks survivors to come forward must also take seriously the risk of retraumatisation. It must not force people to give up their privacy in order to enforce their rights.

I come to this debate informed by my work on the Joint Standing Committee on Implementation of the National Redress Scheme. After joining this parliament about a year ago now, I asked to be nominated to serve on this committee because I believe deeply in its work. Before coming to this place, I worked with children and young people for more than two decades, and I know how important it is that every child is safe, supported and protected by the adults and institutions around them.

The joint standing committee has a critical role in examining whether the National Redress Scheme is delivering what it was intended to deliver—acknowledgement, accountability and a small measure of justice for people who experienced institutional child sex abuse. As a member of that committee, I have heard firsthand from people who have carried the trauma of childhood sexual abuse for years, often for decades. I have heard harrowing accounts of abuse, of institutions that failed to protect children and of the systems that too often required survivors to keep proving their pain before they could be heard. Those experiences stay with you. They reinforce why redress must be more than formal recognition. It must be practical, accessible and grounded in the lived experience of survivors.

I also want to acknowledge the extraordinary work of Micah Projects and their Lotus Place program based in Stones Corner in my electorate of Griffith. Lotus Place provides a safe and trusted place for people living with lifelong impacts of institutional childhood abuse, including forgotten Australians, former child migrants, care leavers and people seeking redress through the National Redress Scheme. They help people understand their options, navigate complex systems, seek redress, access support and rebuild connection, dignity and trust. For many survivors, that kind of support can make the difference between a system that feels impossible to face and a process where they are not left to walk alone. The team at Lotus Place understands that redress is not just paperwork. It is often tied to some of the most painful experiences in a person's life. It requires patience, care, trust and an understanding of trauma. It requires listening without judgement, supporting people at their own pace and recognising that every survivor's path is different. In our community, Micah Projects has long shown what survivor centred support looks like in practice.

I want to acknowledge their team leader, Mark Reimers, and their entire team. When I went to meet with the team at Lotus Place recently, I was expecting a meeting with one or two of their team, but their entire team showed up and sat around the table because of the importance of the work they're doing and how passionate they are about representing and supporting the victims-survivors in our community. I thank Micah Projects, Lotus Place, every worker across our country and every advocate who supports survivors through this difficult and important work.

When offenders retain substantial retirement savings while victims struggle financially, often as a direct consequence of the abuse they suffered, confidence in the justice system is undermined. It tells survivors that the system may recognise their harm in one breath and then protect the perpetrator's assets in the next. That's not fair. This bill helps shift that burden. It says that, if the perpetrator owes compensation and if they have used certain superannuation contributions to protect assets, there must be a pathway for survivors to pursue what they are legally owed. It's a practical reform, but it's also a value statement. It says that our financial system should not be misused to avoid accountability and that our legal system should not unintentionally protect those who have caused profound harm. This bill is a significant and necessary foundation. It closes a clear loophole, sends a strong signal about the direction of reform and creates a framework that can be built upon in the future.

The bill also provides for a full review, after commencement, to assess whether the law is operating effectively for victims and survivors, and that review will be critical. We will need to know whether survivors can access the information they need, whether the court process is workable and whether legal costs or delays remain barriers. In communities like Griffith, and right across Australia, people expect the law to reflect basic fairness. They expect that, when a court says compensation is owed, the law will not then make the compensation impossible to recover. This bill aligns our laws more closely with those expectations.

This bill has been shaped by the voices of people who know, far better than any of us, what it means when the justice system recognises harm but still does not deliver redress. To survivors who have advocated for this change, thank you. To the families and supporters who have stood beside them, thank you to you also. To the organisations who have kept this issue on the agenda, I also say thank you. And to the members of this parliament, from both sides of this chamber, who have worked constructively across party lines, I thank all of you.

This bill is about restoring fairness and dignity. It's about ensuring that the law does not inadvertently protect those who have caused profound harm while leaving victims and survivors without recourse. It is about recognising that justice must be more than words on a page. It must be felt in people's lives. It is about making clear that this parliament is committed to continuing this work, to listening, improving and building on this foundation.

Alison Penfold (Lyne, National Party) Share this | Link to this | Hansard source

I rise today to speak on the Treasury Laws Amendment (The Survivors Law) Bill 2026. I came to this parliament to help make Australia a better place and to stand up for people facing injustice, especially those who too often feel invisible, unheard or left behind by the system. This bill is one of those moments where I can play a very direct role in this parliament to genuinely change lives for the better.

Today we have a chance to fix a serious injustice that has hurt survivors of child sexual abuse for far too long. For years, convicted offenders have been able to avoid paying court ordered compensation to their victims simply by declaring bankruptcy and shielding assets through superannuation laws. That is simply wrong. For survivors, it can feel like being failed by the system all over again—not just once through the abuse they suffered but again by a legal system that allows offenders to escape accountability.

This issue was brought directly to me by one of my constituents, Carolyn Kelly, a strong, determined and deeply compassionate woman who refused to stay silent after seeing the injustice her grandson, Edan Van Haren, experienced. Carolyn did not come to me asking for sympathy; she came asking for justice. She has fought tirelessly, not just for her grandson but for survivors right across Australia, who deserve fairness, dignity and recognition. After meeting with Carolyn in my office in Wauchope and hearing Edan's story, it became immediately clear to me that the law needed to change, particularly when it was obvious there were already many other legal precedents where certain debts survive bankruptcy. Child support debts survive bankruptcy, certain fraud related debts survive bankruptcy and some debts owed to the government survive bankruptcy. So how could it possibly be the case that compensation owed by a convicted paedophile to their victim could simply disappear? That made no moral sense, and, frankly, it made no common sense either. So I took the issue directly to the minister. I advocated strongly for reform, through parliamentary speeches and through a submission to the government's discussion paper on the exposure draft to this bill.

Today I want to sincerely acknowledge and thank the Assistant Treasurer and the government for listening, for engaging seriously with this issue and for acting. In this place, difficult reforms can sometimes take years to progress. When governments are prepared to genuinely listen to survivors and opposition members, and to respond constructively—that certainly deserves recognition. This legislation exists because brave people refused to give up.

Edan Van Haren is a survivor of horrific abuse. Following civil proceedings in the Supreme Court of New South Wales, he was awarded compensation by the court. But the offender later declared bankruptcy from prison, effectively avoiding responsibility for paying that judgement debt. That should never have been allowed to happen. I want to acknowledge Edan's extraordinary courage in speaking publicly about his experience so that others may not have to endure the same injustice.

Edan said something incredibly powerful in a speech that I wish he could have delivered in this chamber. In it, he said:

This is not about vengeance; it's about the mechanics of healing.

Those words go to the very heart of why this legislation matters, because this debate is not really about money. No amount of money can restore a stolen childhood, no amount of money can undo years of trauma, and no court ruling can fully repair the damage caused by abuse. And, as Edan so powerfully explained, how do you even begin to quantify trauma? How do you put a monetary value on not being able to hold down a job because of PTSD? How do you quantify the panic and fear triggered by ordinary daily tasks that most people take for granted? How do you measure lost confidence, lost opportunities, broken relationships or the life someone should have had? The truth is you cannot. But compensation still matters, because compensation is about recognition. It's about accountability. It's society saying to survivors: 'We hear you and we believe you. And what happened to you was wrong.'

When the legal system allows offenders to use bankruptcy laws or protected superannuation to avoid those obligations, it sends exactly the opposite message. It tells survivors that the system still protects perpetrators more than victims. That is why this bill matters so much. The bill has two principal objectives. Firstly, it creates a mechanism to allow certain amounts held in a perpetrator's superannuation to be accessed in order to satisfy unpaid compensation orders relating to child sexual abuse offences. Secondly, it amends the Bankruptcy Act so that these compensation debts survive bankruptcy and cannot simply be wiped out. These are significant reforms.

I acknowledge this bill is legally and technically complex. It intersects with criminal law, family law, bankruptcy law, taxation law and superannuation law. There are detailed provisions dealing with competing claims, court oversight and interactions with other legal processes. I acknowledge the considerable work undertaken by officials, legal experts and ministers to bring the legislation to this point. While the legislation itself is technically complex, its moral purpose is actually very simple: if a court has ordered compensation to be paid to a survivor of child sexual abuse, the offender should not be able to evade responsibility through legal loopholes.

This legislation also recognises something important about the purpose of superannuation—superannuation exists to provide dignity and security in retirement. It was never intended to become a shield that allows perpetrators to avoid accountability for horrific crimes. As the bill itself makes clear, these powers are limited to exceptional circumstances and operate under court supervision. Put simply, you cannot commit a heinous crime and then expect to hide behind your superannuation or hide behind bankruptcy, nor should human rights arguments be distorted in ways that deny justice to survivors.

Importantly, the bill also sends a much broader message to victims-survivors across Australia. Many survivors still suffer silently. Many still struggle to trust institutions, many still feel shame for crimes committed against them and many still feel the system is not truly on their side. Edan spoke movingly about reaching a point in his life where, in his words, the pain of existing was heavier than the fear of dying. Those words should stop every one of us in our tracks because behind every statistic is a human being carrying unimaginable pain. But Edan also said something else, which speaks to remarkable courage and resilience: 'In surviving that moment, I realised—why not stay alive for the other victims?' That courage deserves the respect of this parliament and this nation. This legislation matters because it tells survivors they are not alone. It tells them their suffering matters, it tells them their accountability matters and it tells them that parliament is prepared to act.

This bill may not resolve every issue. There may well be aspects that require refinement or strengthening in the future. But the most important thing we can do today is to finally close these loopholes so offenders can no longer abuse the system to avoid paying court-ordered compensation to survivors.

I want to again acknowledge Carolyn Kelly for her determination and advocacy. I want to acknowledge all survivors who've spoken publicly and relived unimaginable trauma in pursuit of this reform. I want to acknowledge all those across government departments, advocacy organisations and the legal profession who have worked to bring this legislation forward. Most importantly, I acknowledge survivors like Edan, whose bravery has helped drive meaningful change for others. As Edan said, it's time for Australia to heal. I commend this bill to the House.

Louise Miller-Frost (Boothby, Australian Labor Party) Share this | Link to this | Hansard source

():  Working in the homelessness sector brings you into contact with many people who have experienced trauma. It's a very common story to hear that someone who in later life becomes homeless turns out to have a trauma history. Trauma has a long tail. We would hear from people who turned up in the homelessness system about various forms of trauma at various stages of life. Perhaps the most heartbreaking stories were from those whose experience of trauma was as a child.

We've also heard similar stories from those giving evidence at the inquiry into the link between family, domestic and sexual violence and suicide. They tell of lives riven by the inability to trust; the inability to form relationships, be they intimate-partner relationships, collegial work relationships, family relationships or friendships; the inability to hold down a job; and the impact of triggers—seemingly minor things: a word, an aroma, a familiar environment, a song—that would catapult them back into their trauma, into panic, into helplessness, into fear and into distress; into fight or flight or being frozen; back into their childhood, back into their trauma. The damage done to the child, in so many instances, remains with them long after the abuse stops, chasing them into adulthood.

For many years, just as their abusers had told them would happen, survivors were not believed, and so they kept it inside. The heavy silence, which for decades was a feature of our collective response, is unforgivable. For far too long, there's been a culture of secrecy and avoidance when it comes to confronting the realities of child sexual abuse. This culture extends not just to the abuse itself but to the structures of justice and redress that should be supporting the most vulnerable individuals in our communities.

I was shocked when I found out that, in our existing legal framework, perpetrators can evade paying their victims-survivors court-ordered compensation by hiding assets in superannuation and declaring bankruptcy. This is the experience of Edan Van Haren, who lives in my electorate of Boothby. Edan is a victim-survivor of child abuse. He has very kindly given me permission to tell his story and use his name in my speech. Unusually, Edan has managed to get both criminal and civil convictions against his perpetrator—and I say 'unusually' because we know that few cases are disclosed, few cases make it to court and it's difficult to establish evidence, and to prosecute, years or sometimes decades after the fact. In 2023, the New South Wales Supreme Court ordered that Edan's abuser pay out $1.4 million to him in compensation. And, from his jail cell, Edan's abuser declared bankruptcy. This meant that the payments that Edan's abuser would ordinarily have had to have paid would become void, while protecting his assets in superannuation—a deliberate and brazen exploitation of our laws that is nothing less than malicious: designed to inflict more pain, more hurt, more trauma. The perpetrator is reaching out from their jail cell and exerting power over their victim all over again, and thousands of other victims-survivors today remain exposed to these underhanded and callous tactics.

The Treasury Laws Amendment (The Survivors Law) Bill 2026 seeks to rectify this shortcoming in our financial structures. It will close a loophole by which perpetrators who have been criminally convicted can avoid paying settlement to their victims-survivors. It will ensure that superannuation is no longer a haven in which perpetrators can seek financial refuge. It will deny perpetrators the opportunities that exist in our current framework to evade accountability. It will affirm the bravery and dignity of victims-survivors, who, having endured so much, continue to endure on their road towards justice.

The bill seeks to do two things: to give victims-survivors access to additional contributions in their offender's superannuation in order to satisfy unpaid compensation orders, and to ensure that compensation debts are not extinguished where the offender has declared bankruptcy. Where offenders fail to meet their legal obligations to satisfy a compensation claim within 12 months, victims-survivors will be able to apply to the ATO for information about the perpetrator's superannuation in advance of applying for a court order. Victims-survivors will then be able to apply for a court order to access certain superannuation contributions of their abuser. Perpetrators will have no recourse to wait out a court order, while shielding their assets in their superannuation, in order to defeat a compensation claim. Victims-survivors will therefore have another tool to be able to enforce unpaid compensation.

The bill will also amend the 1966 Bankruptcy Act to ensure that it continues to fulfill its intended purpose of allowing those in financial distress to make a fresh start, but it will no longer facilitate convicted child-sex-abuse criminals being able to avoid paying court-ordered compensation. Such debts will now survive a declaration of bankruptcy, applying to both current and future bankruptcies. This bill seeks to reset the scales in the victims-survivors' favour by giving victims-survivors real and substantive tools to pursue court ordered compensation—at the end of what is often a long and traumatic process of litigation—and by realigning our financial and legal structures with those values which are at the heart of victim-survivor redress: justice, fairness and accountability. By removing the barriers to victim-survivor compensation, we avoid compounding survivors' harm, trauma and distress.

Of course, this bill is not a magic bullet. It is a first step. Superannuation and bankruptcy are complex and technical legal terrains that require complex and technical legislative responses, and it is the government's intention to get this right. But this bill provides the foundation on which conversation can be had and maintained—the foundation on which future reforms are now conceivable. As I wrote in my submission to the 2023 consultation, 'I'm particularly committed to seeing these changes embrace a civil—not just a criminal—component in the future.' Where an abuser has been found liable in a civil proceeding, where a judge has looked at the evidence and decided, on balance, that abuse did occur even though there may not be a criminal conviction, victims-survivors should have the same ability to enforce compensation—but that is for another time, and this legislation now is a very welcome first step.

Because the government wants to get these changes right, the changes will later be subject to review. Such a review will ensure that these new mechanisms are practical, enforceable and adhere to legal principles; that they make a genuine difference in survivors' lives; and that they are work for survivors and not against them.

The government will continue to consult with those voices that have been instrumental in the creation of this bill: victims-survivors, advocates and legal experts. It is no small thing to have to relive childhood abuse. In fact, it takes a courage that most Australians will never have to muster and hopefully will never have cause to need to muster in their lifetime, especially when it can feel like you're shouting into a void. I therefore thank victims-survivors, their advocates and supporters for speaking out, for sharing their stories and for continuing to share their stories. Be in no doubt: your efforts have changed lives and will continue to change lives far into the future.

For victims-survivors, conviction—where it can be had—is not the end of it and nor is compensation, for that matter. There can be no monetary value on the trauma and pain that victims-survivors experience. But compensation can assist in rebuilding a life. Beyond compensation, what this bill hopes to do is deliver justice—a justice that victims-survivors have already had to fight long and hard for or what Edan has termed 'mechanics of healing'.

Edan's advocacy is not necessarily about himself, although it goes without saying that his story is absolutely important. It is about fixing a fault in the system that enables perpetrators to not only evade the consequences of their actions but continue to victimise their victims through financial means. Edan has asked me to read his words to this House, and it is as follows:

My name is Edan Van Haren.

I am a survivor. For years now, I have fought to close legal loopholes that allow the architect of a child's trauma to hide behind bankruptcy laws and protected superannuation.

Laws that paedophiles used to further abuse their victim-survivors.

This is not about vengeance; it is about the mechanics of healing.

Compensation payments attempt to quantify pain and suffering.

But how do you quantify the pain caused by not being able to hold a job or the pain you feel when someone asks you something as simple as "can you do the dishes for me" and suddenly you are right back there reliving everything.

How do you put a monetary value on not being able to add a time schedule to your 'to do' list because even telling yourself that something needs to be done triggers your PTSD and now you can't even get yourself out bed.

The answer? You can't.

The legal system can't give me back the life and the potential I have lost so it does the next best thing and puts a monetary value on it, because that's all we have.

But for too many years paedophiles have been able to hide assets, sequester funds in superannuation and, worst of all, declare bankruptcy to extinguish the compensation our courts have awarded them.

This in particular added to the pain and suffering.

At twenty years old, I tried to end my life.

I reached a point where the pain of existing was heavier than the fear of dying.

But in surviving that moment I realized, why not stay alive for the other victim-survivors?

When you have already walked to the edge and looked over, you lose the ability to be intimidated.

I am here because I have nothing left to fear, and everything to fight for.

Those were Edan's words, and I'd like to thank him for his advocacy and for his bravery in pursuing his perpetrator and exposing his evil with both criminal and civil convictions. It takes guts to face your perpetrator in an adversarial legal process. Edan's advocacy and the advocacy of so many others, including Lawyer Andrew Carpenter, are what have made a difference. It will change the law now, and it will help, sadly, the so many other victims-survivors in the same situation.

I'd also like to thank former assistant treasurer Stephen Jones, who started this process with a consultation in 2023, which I submitted to, and the Assistant Treasurer, Daniel Mulino, who picked up the baton and kept on the journey to get this done.

To Edan and all the other survivors and advocates, I know for you this is only the start. There is much more you are fighting for. You want recognition of civil findings, not just criminal findings. You want all superannuation on the table, not just additional payments. After all, if somebody is going to be living in poverty as a result of this heinous criminal activity, it should be the perpetrator, not the victim-survivor. This legislation is a really important step forward, and I know that you will keep pushing for the next steps. I want you to know that this government hears you. I hear you and I will keep working with you.

Changing these laws is more than just providing access to financial compensation; it is recognition, it is support, it is the delivery of justice. It is saying to every victim-survivor in Australia 'we hear you; we stand by you; we are on your side'. This bill needs to be passed for the silent pandemic: the hundreds of thousands of Australian victims-survivors, whose lives were irrevocably changed through no fault of their own and who are suffering. I commend the bill to the House.

Zali Steggall (Warringah, Independent) Share this | Link to this | Hansard source

The Treasury Laws Amendment (The Survivors Law) Bill 2026 is incredibly important legislation. It honours the incredible bravery of so many in coming forward to highlight this problem, people who have already been through so much to get to this point: victims of child sexual abuse.

This bill is built on a simple proposition: a compensation order made by a court should mean something. We would think that goes without saying. It should not be possible for a convicted child sexual abuse perpetrator to hide assets in superannuation, declare bankruptcy and escape accountability. This leaves a survivor holding a court order that is, in practice, worth less than the paper it's written on. Superannuation exists to provide dignity in retirement. It was never intended to become a legal bunker for people seeking to avoid accountability for serious crimes.

The bill establishes a framework for survivors of specified child abuse offences to seek visibility of, and access to, certain superannuation amounts held by perpetrators where compensation remains unpaid. It also amends the Bankruptcy Act so that relevant compensation debts are not extinguished by bankruptcy. This is not about turning superannuation into a general compensation pool. It's targeted. It applies to victims and survivors of specified child abuse offences where there has been a conviction or a finding of guilt, where court has made a compensation order and where that order remains unpaid. The bill does not create compensation from scratch. It makes existing court ordered compensation enforceable by giving survivors a targeted pathway to recover unpaid debts from certain superannuation amounts, sitting alongside proceeds of crime laws rather than replacing them. It's long-overdue reform. Survivors have already had to endure the abuse, the trauma, the legal process and the indignity of chasing accountability through systems that too often exhaust them before they deliver justice.

No community, including mine in Warringah, is immune from the curse and the scourge of child sexual exploitation. Warringah is comprised of communities built around families, schools, sporting clubs, surf clubs, multifaith groups and small businesses, but they are also communities where survivors live, work, study, volunteer, raise families and rebuild their lives.

Nationally, the data is really confronting. The Australian Child Maltreatment Study found that 28.5 per cent of Australians aged 16 and over have experienced child sexual abuse. That's quite confronting—28.5 per cent. It also found that child sexual abuse is often repeated, with 78 per cent of those experiencing it reporting that it happened more than once. And the Australian Bureau of Statistics has also reported that 7.5 per cent of adults experienced sexual abuse before the age of 15, and that the majority of women who experienced childhood sexual abuse never told police. In New South Wales, police-recorded sexual assaults have increased significantly over the past decade, with BOCSAR reporting that recorded child sexual assault incidents increased by around 10 per cent per year over the decade to June 2025.

This is no small problem. These numbers remind us that this is not an abstract legal issue. This is real. It is impacting real lives, and the ongoing consequences are often long and really damaging. It's about people who have already had agency stolen from them, who should not then be forced into another grinding battle simply to enforce a lawful compensation order. So I do very much welcome this legislation.

It's important to be clear, again, that this legislation is not creating a right or a compensation from scratch. Courts can already make compensation orders requiring perpetrators to pay survivors. The problem is that an order does not always mean payment, despite the pain and the difficulty of going through court processes and getting to a compensation order and a finding of guilt through the courts. If a perpetrator refuses to pay, hides money and assets in superannuation or relies on bankruptcy provisions, then survivors can be left without any practical redress despite findings of guilt and compensation orders. So this bill is about enforcement. It helps ensure that a lawful compensation order is not just symbolic but can actually lead to the recovery of funds that will help those survivors.

I've previously spoken in this place about child sexual abuse as one of the most serious violations a person can experience and about the royal commission's finding that institutional child sexual abuse was a national tragedy. I've also supported reforms to make the justice system more victim centred, while making clear that further reform would be needed. The survivors law is one of those further reforms.

The problem this bill addresses is painfully specific. Survivors may obtain a compensation order through criminal or civil proceedings, but, if the perpetrator does not pay, the survivor is left to enforce that order. In some cases, perpetrators have been able to shift wealth into superannuation or rely on bankruptcy in ways that make compensation far harder to recover. And that is, I would argue, a grotesque outcome. The law recognises the harm, and a court has ordered the compensation, yet our system still enables that avoidance of responsibility and payment and denies practical redress to survivors.

Public reporting has shown why reform is needed. Survivors and advocates, including Grace Tame and others, have campaigned for years to close this loophole. In one reported case, survivor Edan Van Haren was awarded $1.4 million in damages while the perpetrator declared bankruptcy and his superannuation remained protected. That's unacceptable.

There are legitimate reasons why superannuation is protected, but in these instances I welcome this legislation change. We need to protect retirement savings. I absolutely agree with that primary position. But we should not have criminals using the superannuation system to hide and move assets around. Again, this is very welcome legislation. The Super Members Council has said that superannuation is a safe haven for the future of most Australians but should not be a safe haven from justice and that the bill strikes the right balance between caution and urgency.

The key question is whether this bill responds proportionally to the problem. The bill creates a pathway for survivors to apply to the Commissioner of Taxation for information about a perpetrator's superannuation. That matters, because survivors often don't know where a perpetrator's superannuation is held or whether there are amounts that may be available. The survivor may then apply to a court for an order releasing certain amounts from superannuation, where compensation remains unpaid after 12 months. It's important to understand that this is distinct from proceeds of crime laws. Proceeds of crime laws are generally about the state confiscating assets linked to criminal offending. This bill is very different. It's about ensuring unpaid compensation reaches survivors. It's targeted and practical, as I've said.

Again, this bill is about accountability. It also addresses bankruptcy. Compensation debts owed to survivors of specified child abuse offences will not be extinguished by a perpetrator's bankruptcy where the relevant criteria are met. That is important. I also welcome the fact that historical compensation orders may be eligible, provided they are still legally enforceable. I hope that finally results in payment to so many that hold compensation orders.

I commend this bill to the House. I thank everyone who has so actively campaigned and advocated for these changes. I can't begin to understand the trauma and the difficulty for so many, but, if this plays a small part in helping gain redress, I welcome it.

Kara Cook (Bonner, Australian Labor Party) Share this | Link to this | Hansard source

The Australian child maltreatment study estimates that around one in four Australians aged 16 years and over have experienced child sexual abuse, with females twice as likely to have experienced child sexual abuse than males. These estimates are conservative because they do not include many online forms of child sexual abuse. The Australian Centre to Counter Child Exploitation has reported that online child sexual abuse and exploitation have grown exponentially in recent years.

We must also acknowledge that child sexual abuse rarely occurs in isolation: 78 per cent of victims-survivors of child sexual abuse said the abuse occurred more than once, 42 per cent said it occurred more than six times and 11 per cent said it occurred more than 50 times. These numbers are confronting and very sobering, but behind every statistic is a person—not just a person but a child, a child whose trust was violated, a child whose safety was stolen, a child who was failed by adults and by systems that were supposed to protect them.

Legislation like this is one of the reasons I came to this place. Legislation like this, supported in a bipartisan way, reminds us of the power of this parliament to affect meaningful change for some of the most vulnerable in our society. This reform should remind us all in this chamber that some issues rise above politics. Protecting children, supporting survivors and ensuring accountability for perpetrators are not partisan values; they are national values.

For too long, perpetrators of child sexual abuse have been able to hide assets in their superannuation—shielding wealth, evading accountability and denying survivors compensation they are owed. That is not simply a loophole; it is a profound failure of our system. Justice must be more than words on paper. Justice must be real, enforceable and meaningful. It must be felt by those who have already endured the unimaginable.

Survivors of child sexual abuse carry with them a burden that no person should have to bear. We've heard many accounts in this chamber over the last day and today about the trauma and the grief they carry as well as the lifelong impacts they carry of crimes committed against them when they were at their most vulnerable. For too long, many survivors have carried something else as well: the knowledge that, even after finding the courage to come forward, even after fighting through the courts and even after securing a judgement in their favour, they could still be denied that compensation—denied because perpetrators manipulated the system and offenders hid their assets in superannuation accounts, denied because bankruptcy protection was used in calculated ways to avoid paying compensation owed to those survivors. That is not justice; it is injustice compounded. Survivors should never have to fight for justice twice.

We know from the Royal Commission into Institutional Responses to Child Sexual Abuse that many survivors do not disclose abuse for years—sometimes decades, sometimes never—not because they are unwilling to speak but because trauma does change people, and shame also silences people. Many survivors have been manipulated into believing that what happened to them was somehow their fault. For many survivors, pursuing civil action is not about financial gain; it is about acknowledgement and accountability and having a court formally recognise the harm that was done to them. That process can take years. It can involve reliving trauma repeatedly through court proceedings, medical evidence and cross-examination. As a former lawyer, I have seen that happen over and over again through our court systems, not just in circumstances of child sexual abuse but also in domestic violence and criminal cases. And after all of that, after finding the courage to come forward and after enduring the retraumatisation that legal processes can involve, survivors should not have to discover that their entitlement to compensation can be defeated through financial engineering.

That is why the Albanese Labor government has introduced this legislation known as the survivors law, a reform that sends a clear and unequivocal message: there is no place in our system for perpetrators to exploit legal and financial structures to evade responsibility for the harm they have caused. This reform did not emerge in isolation. It is the product of years—indeed, nearly a decade—of tireless advocacy under this government and the former government. It built on the voices of survivors, the determination of advocates and the courage of individuals who refuse to accept that the system should work against those it was meant to protect. I want to acknowledge those survivors who shared their stories publicly, often at enormous personal cost—those who relived trauma in pursuit of reform, those who persisted despite setbacks, delays and disappointment. Their courage has driven this legislation, their advocacy helped shape it, and their voices will continue to guide future reform.

The problem we are addressing is clear: under existing arrangements, superannuation has, in many cases, been treated as an untouchable asset, effectively beyond the reach of civil compensation processes. Perpetrators have exploited this reality. They have structured their finances to minimise visible assets while transferring wealth into superannuation accounts. In some cases, millions of dollars have been shielded. Some offenders have even declared bankruptcy while significant funds remained in superannuation accounts and out of the reach of the very people they harmed. The law has not kept pace with the reality of how these individuals operate. That is the loophole, and we have a duty to close it.

Through this legislation, we will be doing exactly that. This bill ensures that, where there is a valid court order for compensation relating to child sexual abuse and where the compensation remains unpaid, victims-survivors may seek access to certain superannuation contributions made by the perpetrator. Specifically, this includes additional contributions such as voluntary contributions and salary sacrifice amounts paid into superannuation accounts. This is a targeted reform. It does not dismantle Australia's superannuation system, nor does it undermine the broader principle of retirement saving protections. What it does do is ensure that superannuation can no longer be weaponised as a shield against accountability. Importantly, the bill also amends the Bankruptcy Act to deliver practical and enforceable change.

Under existing settings, superannuation is largely protected during bankruptcy proceedings, even where an individual has substantial outstanding liabilities. This bill makes clear that such protections must not extend to circumstances where they are being used to avoid paying court ordered compensation to victims-survivors of child sexual abuse. Specifically, the amendments enable trustees and courts to identify and recover certain superannuation contributions that would otherwise remain shielded. These are funds that in many cases were deliberately channelled into superannuation to place them beyond reach. By bringing their contributions within scope, the bill ensures that the true financial position of a perpetrator can be considered and that bankruptcy cannot be strategically used to frustrate justice.

Alongside these changes is a carefully designed mechanism involving the ATO. For many survivors, a key barrier has been the absence of information—whether superannuation assets exist and whether pursuing legal action is likely to result in any meaningful outcome. This bill also addresses that gap. Victims-survivors will be able to apply to the ATO for limited information about a perpetrator's superannuation interests for the purpose of informing a decision about whether to seek a court order.

Importantly, this is not an unrestricted disclosure regime. It is tightly controlled, subject to strict eligibility and supported by safeguards. Requests will only be available where there is a relevant connection to the child sexual abuse claims, and the information released will be limited to what is necessary to indicate whether eligible superannuation contributions may exist. These technical measures matter. They ensure survivors are not forced to pursue costly and retraumatising legal action without knowing whether assets are actually available. They provide transparency and they reinforce the principle that our legal and financial systems must not be capable of being manipulated to avoid accountability. Together, these amendments transform this reform from principle into practice, delivering a system that is fairer, more transparent and more firmly on the side of survivors.

There are complexities in this legislation, particularly regarding civil findings and broader retrospective application. These issues must be worked through carefully and responsibly. That is why this legislation includes mechanisms for review and ongoing assessment of how the law operates in practice. In developing this legislation, the Albanese Labor government listened closely to survivors and advocates.

In January 2023, the government released a discussion paper exploring options to better support victims and survivors of child sexual abuse. The government listened to feedback and acted on it. As a result, the bill was strengthened, the scope of accessible contributions was expanded, and certain defined benefit accounts were brought within scope in appropriate circumstances. Likewise, the look-back provision for contributions was extended because we know financial manipulation often occurs over a longer period of time. These changes matter because they reflect the lived experience of survivors and the practical reality of how perpetrators act. They will help ensure this reform is not merely symbolic but actually effective.

I also want to say clearly to victims-survivors that this legislation is an important milestone, but it is not the final destination. There are further issues requiring consideration, and there may be additional reforms needed in the future. Parliament must continue to listen to survivors, continue examining how systems can be weaponised against vulnerable people and continue identifying opportunities for reform. That is our job in this place.

I want to again acknowledge the persistence of survivors, advocates, community leaders and organisations who brought this issue to national attention and whose stories were told, again and again, in the hope that someone would finally listen. I particularly acknowledge those who stood alongside the Assistant Treasurer and Minister for Financial Services, Dan Mulino, when this legislation was introduced. I was proud to stand there on that day and hear the words of Edan Van Haren, who said:

As a survivor of child abuse, I stand here not just for myself but for every child who hasn't found their voice yet. This is not just a personal issue; this is a community responsibility.

…   …   …

As a country we need to do better. We need stronger laws and we need longer sentences for offenders. They must have real consequences for the lies that they destroy. It takes us all and it starts with these laws.

I want to acknowledge advocates like Edan who transform deeply personal pain into a campaign for change that will benefit others. I also want to acknowledge organisations in Queensland, like Bravehearts and the Daniel Morcombe Foundation, who do extraordinary work advocating for victims-survivors for legislative change over not just years but decades and who continue to work every single day to keep our kids safe.

The Albanese Labor government will not stop until we are confident that our systems are delivering for survivors and protecting the most vulnerable members of our community. Child sexual abuse is the most abhorrent crime imaginable. It leaves lifelong scars—physical, emotional and psychological—and is committed against those who are least able to protect themselves. It demands a response that is compassionate, practical and strong. No law can undo the harm of child sexual abuse. No legislation can restore what has been taken. But this parliament can decide whether our system protects perpetrators or supports survivors. This bill makes that choice clear. It closes a loophole that never should have existed, it strengthens accountability and, most importantly, it tells survivors that this parliament has heard them and that their voices matter. I commend the bill to the House.

Llew O'Brien (Wide Bay, National Party) Share this | Link to this | Hansard source

I rise to speak in support of the Treasury Laws Amendment (The Survivors Law) Bill 2026 because, at its heart, it's about a simple proposition: perpetrators of sexual crimes against kids should not be able to manipulate the laws to avoid providing financial compensation for their crimes, and survivors should not be forced to keep fighting for justice.

Under the current law, superannuation is generally protected from creditors. That protection is important for most Australians, but it has created a loophole that has been manipulated by criminals and, in this case, the most evil people in our society. We have seen circumstances where offenders have moved assets into superannuation or declared bankruptcy and, in doing so, sought to sidestep court ordered compensation. This is completely and utterly intolerable, and it is something that I can't believe we haven't already fixed but I'm so glad we are fixing, and I commend the government for doing this.

Survivors can do everything to bring about justice for the horror that's occurred to them. Making the complaint and coming forward is hard enough. Taking part in a process that is extremely difficult—the court process—where the offender is found guilty and then having this happen must feel like they're being offended against again. The same type of deception and manipulation and vile behaviour that was perpetrated on them as a child is at play again but being used to hide assets that should be going to the victim to help them recover or live on and survive the horror that's occurred. The bill addresses that injustice by enabling survivors of child sexual abuse, where there is an existing court ordered compensation, to seek access to eligible superannuation amounts held by the perpetrator to satisfy that unpaid order. The bill allows a survivor to apply to the Australian Taxation Office for limited information about a perpetrator's superannuation so they can make an informed decision about whether a court application is worthwhile. Critically, the bill amends bankruptcy law so that compensation debts for child sexual abuse can survive bankruptcy action, which closes the loophole some offenders have used to defeat valid court orders.

We should be clear about why this matters. Child sexual abuse causes lifelong harm and, for many survivors, the abuse does not end when the offending does. Survivors have gone through the court process, as I said before. Just coming forward is extraordinarily difficult. But to go through this and then, as I said, have these evil individuals, who are just human garbage, continue to perpetrate their deception must be so difficult. The coalition's position is clear. We support survivors, and we'll support the bill. Survivors and their families have waited too long while gaps in Australia's superannuation and bankruptcy framework have been exploited by the worst criminals. I acknowledge the work of the former coalition government in bringing the legislation forward. Most importantly, I acknowledge those survivors, their families and advocates, many of whom have come to this place and shared their stories with extraordinary courage. This reform is a result of years of persistent advocacy.

Of course, no single bill will capture every circumstance. There is more work that should be done in the future to give victims of other serious crimes similar pathways to compensation. But this bill is a major step forward. It restores a measure of fairness to a system that has too often compounded harm and reinforces the principle that court ordered compensation means something in practice, not just in theory. Convicted perpetrators must never be able to get away with their crimes. They must not be allowed to lose in court, declare bankruptcy and expect to be able to preserve their retirement savings while the victim receives nothing. The parliament has the opportunity today to close this loophole and strengthen justice for survivors, and I commend the bill to the House.

Debate adjourned.