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.
