The Association of Superannuation Funds of Australia (ASFA) and Super Members Council (SMC) have welcomed the passage of the Treasury Laws Amendment (The Survivors Law) Bill 2026, which allows victims of sexual abuse to access their convicted perpetrator’s superannuation for court-ordered compensation.
“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,” ASFA chief executive Mary Delahunty noted.
The SMC also recognised the passing of the bill was a big step towards ensuring the superannuation system cannot be misused by convicted perpetrators to avoid court-ordered compensation to victims of child sexual abuse.
The law allows for victims of unpaid court-ordered compensation to access the convicted perpetrator’s superannuation if the compensation has gone unpaid for 12 months or more.
“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,” SMC chief executive Misha Schubert said.
Industry bodies, such as the SMC and ASFA, have been working with Treasury during consultation on the law. ASFA argued it was important to be able to lock down a perpetrator’s superannuation assets before notifying them of proceedings so they would not be able to move the money to avoid paying compensation.
The SMC indicated it would work with government to ensure the implementation of the law was effective and focused on restoring fairness and justice for victims.
“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 explained.
