The Albanese Government has today commenced public consultation on draft legislation designed to prevent convicted child sexual abusers from hiding their assets in superannuation to avoid paying compensation to their victims.
The draft legislation will enable victims and survivors of child sexual abuse to seek access, via a court order, to additional personal or salary sacrifice superannuation contributions made by the offender where a related court order for compensation remains unpaid after 12 months.
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.
Unfulfilled historical compensation orders brought into existence before the measure’s commencement will be eligible if they remain legally enforceable and were awarded criminal conviction or finding of guilt for child sexual abuse.
These reforms will be complemented by amendments to the Bankruptcy Act 1966 to allow compensation debts to survive an offenders’ bankruptcy.
The Government invites submissions on the draft legislation, with consultation closing on 20 February 2026.
For more information on the public consultation process, and to make a submission visit the Treasury Consultation Hub.
Quotes attributable to the Attorney‑General, Michelle Rowland MP
“Child sexual abuse is an abhorrent crime, and the Albanese Government is doing everything we can to crack down on perpetrators of these horrific acts.
“There can be no opportunity for criminals who are convicted of child sexual abuse to avoid paying compensation to their victims.
“I look forward to the public, including victim survivors having their voices heard as the Government consults on this vital legislation.”
Quotes attributable to the Assistant Treasurer and Minister for Financial Services, Daniel Mulino
“Victims of child sexual abuse deserve to receive the court‑ordered compensation they are entitled to.
“This Bill establishes a clear principle that convicted perpetrators cannot use the superannuation system to shield assets from lawful compensation orders.
“It reflects the tireless work of survivors and advocates who have long called for stronger accountability and justice.”