Super for Survivors Campaign

The Hon. J.E. HANSON (15:07): My question is to the Attorney-General. Will the minister inform the council about what action the government has taken to campaign the federal government in relation to the Super for Survivors movement, and provide an update on the campaign?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:07): I thank the honourable member for his question, and I would be more than happy to. I know that members of this chamber are familiar with the Super for Survivors campaign, and I have talked about it in this chamber before. The campaign has been pushing for a change in legislation to ensure financial assets cannot be hidden in superannuation accounts to avoid paying compensation following civil actions for child sexual abuse.

The Albanese and Malinauskas governments have both taken significant measures to combat the scourge of child sexual abuse and have taken strong action against those who would seek to harm children. In this state, we have increased penalties for a range of child sex offences, closed loopholes in bail and sentencing for child sex offenders, have laws to provide for indefinite detention and lifetime monitoring of serious repeat child sex offenders, and legislated to protect children in their workplaces from working with a dangerous registered child sex offender, amongst many other initiatives.

Further to these efforts, at a state level the government has considered that addressing child sex offenders' access to superannuation is another step that the commonwealth can take to better protect and support victims of child sexual abuse. That is why we have sought for change in this area.

On 12 September 2022, I wrote to the Assistant Treasurer and Minister for Financial Services, the Hon. Stephen Jones MP, copying in the commonwealth Attorney-General, the Hon. Mark Dreyfus MP, regarding legislative reform that ensures financial assets cannot be hidden in superannuation accounts to avoid paying compensation following civil actions for child sexual abuse. In that letter, I requested an update on behalf of the Malinauskas Labor government on whether the commonwealth government had progressed any of these proposals, and whether any consultation would be undertaken with states and territories.

Strong support by the Malinauskas government for these reforms was expressed to the federal minister. On 9 November 2022, the Minister for Financial Services responded by letter indicating the commonwealth government were exploring options to help ensure that victims of child sexual abuse received their rightful compensation. On 29 February this year, I again wrote to the Minister for Financial Services reiterating the South Australian government's support for the commonwealth to progress this legislative reform, seeking a further update.

On 16 May this year, only a few weeks ago, I was most pleased to receive a reply from the Minister for Financial Services providing a significant update on plans to address the calls for legislative reform. I am very pleased to be able to share with the council that I have been advised by the federal government that as part of the 2023-24 Mid-Year Economic and Fiscal Outlook the federal government announced it will close the loophole which allows convicted child sex offenders to deny their victim survivors compensation through increasing payments and shielding their assets in superannuation.

I am informed this measure will enable victim survivors of child sex abuse with unpaid compensation orders of 12 months or more to seek information through the Australian Taxation Office for visibility of personal or salary sacrifice additional superannuation contributions made after the first offence occurred. Any additional superannuation contributions identified on top of mandatory employer contributions and contributions made to defined benefit interest schemes would be accessible by victim survivors via a court order to meet unpaid compensation orders. Victim survivors with unfulfilled historic compensation orders brought into existence before the measure's commencement which remain legally enforceable and were awarded following a criminal conviction will be eligible to access this measure.

I have been advised that the commonwealth government will release draft legislation giving effect to this measure for public consultation once developed. It is pleasing to see the federal government has listened to calls from advocates and from this state government to fix the gap in legislation that will see better protection and give greater power to victim survivors of child sex sexual abuse. I am very pleased that we have taken proactive steps to write to the federal government about these issues, and I look forward to seeing its draft legislation passing the federal parliament in order to fix these loopholes.