The federal government has today released two draft proposals for public consultation around allowing victims of crime to access a perpetrator’s superannuation in certain circumstances.
Responses to the paper will inform the development of legislation on this issue.
The consultation period ends on 15 June.
The first scenario is for a new clawback mechanism for “out of character” super contributions made by criminals to shield their assets from use in compensating victims of their crimes.
The second is to allow victims of serious, violent crimes to be able to access a perpetrator’s super as compensation, where other assets have been exhausted, subject to appropriate limits and thresholds.
The government said it was particularly interested in views on the likely effectiveness of the draft proposals, including their interaction with existing state and territory criminal and civil procedures.
In December, the government commenced a review into the early release of super, including whether a perpetrator’s super should be available to meet unpaid victims of crime compensation orders.