On 13 December 2023, as part of the 2023–24 Mid-Year Economic and Fiscal Outlook (MYEFO), the government announced it will close a loophole which allows convicted child sexual abusers to deny their victims and survivors compensation through shielding their assets in superannuation.
This measure is not yet law.
On 25 March 2026, the Treasury Laws Amendment (The Survivors Law) Bill 2026 was introduced into Parliament. This measure will enable victims and survivors of certain child sexual abuse offences with unpaid compensation orders of 12 months or more to apply to the ATO for visibility of the convicted offender's additional personal or salary sacrifice superannuation contributions. Victims and survivors will then be able to apply for a court order from the Federal Circuit and Family Court of Australia to access the offender's additional superannuation contributions.
Following the making of an order, the ATO will facilitate any release of monies with superannuation providers and pay any released amounts directly to the victims and survivors.
For more information see: