New law targets offenders hiding assets in super

The government has tabled the Treasury Laws Amendment (The Survivors Law) Bill 2026 in the House of Representatives today which seeks to prevent convicted child sexual abusers from hiding their assets in superannuation to avoid paying compensation to their victims.

Minister for Financial Services Daniel Mulino said the reforms improve transparency, reduce uncertainty, and strengthen the enforcement of court-ordered compensation for victim-survivors.

Mulino said if passed - which is expected - the Survivors Law will enable victims and survivors of child sexual abuse to apply for a court order to access additional personal or salary sacrifice superannuation contributions made by the offender where a related court order for compensation remains unpaid after 12 months.

As the Bill currently reads, victim-survivors can only seek to receive the unpaid, law enforced, compensation from additional contributions the perpetrator made from a period of 10 years prior to the day the abuse initiated (or the estimated date the court agrees the abuse occurred) until the day the compensation order is made.

Employer mandated contributions, whether paid at the legislated minimum or at a higher rate as negotiated as part of an industrial agreement or award are exempt from the reforms.

"This is because the intention is to prevent misuse of superannuation to shield the assets of perpetrators from their victims or survivors," the explanatory memorandum reads.

"Certain other types of contributions are specifically excluded from eligibility to ensure that only amounts that are made to deliberately shield assets from compensation are eligible."

Victim-survivors will be able to apply to the Australian Taxation Office (ATO), with appropriate safeguards, to identify any potential eligible superannuation prior to seeking access.

Should a perpetrator have made voluntary contributions in an attempt to hide their assets but then removed the additions contributions before the compensation order is made, victim-survivors will also be given information as to the perpetrator's total superannuation balance, along with total amount of additional contributions made.

This does not mean the victim has access to the total superannuation assets, it is just for them to judge whether extra contributions were removed, making it no longer worthwhile for them to see compensation from those additional contributions.

Unfulfilled historical compensation orders brought into existence before the measure's commencement will be eligible if they remain legally enforceable and were awarded in relation to a criminal conviction or finding of guilt for child sexual abuse.

The reforms also include amendments to the Bankruptcy Act 1966 to allow compensation debts to survive an offender's bankruptcy.

Mulino said the government is committed to ensuring these reforms operate as intended and deliver meaningful outcomes.

Accordingly, the operation of the law will be reviewed after full commencement to assess its effectiveness for victim-survivors.

"We have listened to the survivors and advocates who have a been calling for strong accountability and justice for a long time," Mulino said.

"The Albanese Government will establish the principle that convicted perpetrators cannot use the superannuation system to shield assets from lawful compensation orders.

"This Bill represents a meaningful step forward for survivors of child sexual abuse. When passed, this Bill will establish a foundation that can be built on in the future on as we continue to look for opportunities to improve outcomes, and attain justice, for survivors."

Attorney-General Michelle Rowland said the government was committed to holding perpetrators of abhorrent child sexual abuse to account.

"There can be no opportunity for criminals who are convicted of child sexual abuse to avoid paying compensation to their victims, and I look forward to this vital legislation delivering exactly that," Rowland said.

"My message to victim-survivors is clear - we hear you, and we have your back."

This article first appeared on Financial Standard

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