Treasury Laws Amendment (Victims of Crime) Bill 2026: Access to superannuation for victims of child sexual abuse crimes

Submission Date: 24 February 2026

The Law Council of Australia provided a submission to respond to the Treasury in relation to its consultation on the draft Treasury Laws Amendment (Victims of Crime) Bill 2026: Access to superannuation for victims of child sexual abuse crimes (the Exposure Draft Bill).

The Law Council notes, at the outset, the challenges in engaging with the material in light of the constrained timeframes in which to provide feedback, both for the Exposure Draft Bill and the earlier consultation in 2023.¹ The Law Council reiterates concerns that have been raised across numerous recent Australian Government consultations about the number of important consultations that are being rushed through without adequate time for input and consideration.²

The Australian Government’s Office of Impact Analysis indicates that 30–60 days is usually the appropriate period for effective consultation;³ consultation on this draft Bill was open for 18 days.

Insufficient consultation with civil society threatens the quality of law making in Australia, risks delegitimising the parliamentary process, undermines stakeholder capacity to engage in a robust and considered way, and increases the potential for unintended consequences and the failure of the legislation to achieve its policy objectives.

Despite the above concerns about timing, the Law Council continues to welcome appropriate measures to support victim-survivors of child sexual abuse and support the policy intent behind the reforms, namely to prevent convicted perpetrators of child sexual abuse from hiding assets in their superannuation to defeat compensation claims made by victim-survivors.⁴ In achieving this policy goal, we also reiterate the need to preserve the fundamental purpose and maintain public confidence in the superannuation system.

As noted in the 2023 submission,⁵ compulsory superannuation was introduced in Australia for the purpose of delivering “private income to enhance the living standards of retired Australians”⁶ and to reduce the financial burden on government by providing individuals with an “adequate social security safety net.”⁷ Since its introduction, superannuation has developed into a critical mechanism to ensure that individuals are able to maintain a standard of living in retirement that provides them with dignity and independence.

For this reason, strict regulations apply to compulsory superannuation contributions to ensure that accumulated funds are preserved for the intended purpose of providing retirement income. Presently, the law allows for superannuation funds to be accessed prior to retirement in a very limited number of circumstances and subject to strict criteria, including, for example, for reasons of demonstrable financial hardship.⁸

Therefore, while supportive of the underlying policy intent of the Exposure Draft Bill, the Law Council voices caution with some aspects of the proposals and note the inherent risk of extending access to superannuation funds as a solution for other policy issues.

^{1 The Treasury, Access to offenders’ superannuation for victims and survivors of child sexual abuse (Discussion Paper, January 2023) (‘2023 Discussion Paper’).
2 See Law Council of Australia, 'A call for transparent and sensible lawmaking' (Media Release, 3 September 2025) <https://lawcouncil.au/media/media-releases/a-call-for-transparent-and-sensible-lawmaking>.
3 Office of Impact Analysis, Best Practice Consultation (Guidance Note, July 2023) 7. See also Law Council of Australia, Best Practice Legislative Development Checklist (Policy Statement, 21 July 2025). <https://oia.pmc.gov.au/sites/default/files/2023-08/best-practice-consultation.pdf>.
4 Law Council of Australia, Access to offenders’ superannuation for victims and survivors of child sexual abuse (Submission, 24 February 2023) 5 [5] (‘2023 Submission’).
5 Law Council of Australia, Access to offenders’ superannuation for victims and survivors of child sexual abuse (Submission, 24 February 2023) 5 [2].
6 Review into the Governance, Efficiency, Structure and Operation of Australia’s Superannuation System, Final Report (Part One, 2010) <https://treasury.gov.au/sites/default/files/2019-03/R2009-001_Final_Report_Part_1_Consolidated.pdf> 15-16.
7 Ibid.
8 Law Council of Australia, Access to offenders’ superannuation for victims and survivors of child sexual abuse (Submission, 24 February 2023) 5 [3]}

Last Updated on 03/03/2026

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