The Government has passed legislation allowing victims and survivors of child sexual abuse to access offenders’ superannuation contributions where court-ordered compensation remains unpaid.

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 ATO to identify potentially eligible superannuation assets before seeking access through the courts.

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.

This welcome change has been a long time coming and was supported by both sides of Parliament. There is still an outstanding item that needs to be similarly resolved. Currently a person who kills their partner is not prohibited from receiving the benefit of their partner’s superannuation benefit, including life insurance, even if there are minor children involved. Let’s hope that’s also addressed soon.