The Albanese Government has passed legislation allowing victims and survivors of child sexual abuse to access offenders’ superannuation contributions where court-ordered compensation remains unpaid, closing what the government described as a loophole enabling perpetrators to shield assets from claims.
Announcing the passage of the Treasury Laws Amendment (The Survivors Law) Bill 2026, assistant treasurer and minister for financial services Daniel Mulino said the reforms ensured convicted child sexual abusers could no longer “hide behind financial structures to avoid accountability”.
“The Bill is guided by a simple but fundamental principle that perpetrators of child sexual abuse should not be able to hide behind financial structures to avoid accountability,” Mulino said.
“This Bill closes that loophole and affirms that financial systems must not operate in a way that undermines justice.”
Under the legislation, victims and survivors can apply for a court order to access additional personal or salary sacrifice superannuation contributions made by an offender if a related compensation order remains unpaid after 12 months.
The reforms also allow victim-survivors to apply to the Australian Taxation Office to identify potentially eligible superannuation assets before seeking access through the courts, subject to safeguards.
Historical compensation orders made before the legislation’s commencement will also qualify where they remain legally enforceable and relate to criminal convictions or findings of guilt for child sexual abuse offences.
In addition, amendments to the Bankruptcy Act 1966 mean compensation debts linked to child sexual abuse will survive an offender’s bankruptcy.
The government said the changes had received bipartisan support and followed longstanding advocacy from survivors and campaigners seeking stronger enforcement of compensation orders.
The superannuation sector also welcomed the reforms, with the Association of Superannuation Funds of Australia saying the legislation strengthened protections against misuse of the retirement system.
“Convicted perpetrators of child sexual abuse will no longer be able to misuse the super system to put themselves beyond the reach of justice. ASFA has long advocated for this change and welcomes its passage into law,” said ASFA chief executive Mary Delahunty.
ASFA said it had worked directly with Treasury during consultation on the legislation and advocated for stronger safeguards allowing regulators to secure superannuation assets before perpetrators were notified of proceedings.
The Super Members Council also backed the legislation, describing it as a major step towards preventing the superannuation system from being exploited to avoid compensation obligations.
“This is a huge stride forward to bring justice to the victims of child sex abuse by ensuring that perpetrators can no longer try to quickly move assets into super to avoid paying court-ordered compensation,” said Super Members Council chief executive Misha Schubert.
“Super should never be used as a loophole for criminals to dodge accountability — these laws make clear that perpetrators cannot use the system to avoid paying what victims are owed.”
Schubert said the reforms struck “the right balance” by prioritising victims and survivors while preserving the integrity of compulsory superannuation as a retirement income system.
