In 2023, the Australian government announced that it would reform superannuation laws to enable victims of sexual assault to access some of the superannuation of a convicted offender.
Only some victims of crime will be able to use these provisions (when they eventually pass) and the law will provide access to some of the offender’s superannuation.
Although the laws have not been made yet, the government has announced that:
1. A victim of sexual assault will be able to use the new laws if the offender has been convicted in a court;
2. A court must have awarded compensation or damages to the victim, which remain unpaid for 12 months; and
3. The victim will only be able to access the superannuation contributions in the fund that are in addition to the employer superannuation guarantee payments since 2002-2003.
The effect of these law reforms will reduce the ability of offenders to avoid paying damages and compensation to some victims by stashing their money in a superannuation fund.
However, the law reforms do nothing to assist people who are victims of crime if the offender has not been convicted or where the offence was not sexual abuse.
Further, the law reforms do not allow the victim to access the superannuation paid by employers into the offender's superannuation fund under the superannuation guarantee. The compulsory employer contributions could be the bulk of the superannuation balance for many offenders.
The government has not produced draft legislation and with the looming federal election, this law reform may not be completed during this government’s term.
The changes are one small step towards justice for victims whose injuries cause a lifetime of problems, loss of earnings and other expenses.
Further law reform is required to unlock the whole of the offender’s superannuation for the benefit of the people they have injured and whose lives they have changed forever.
If you have a claim for compensation of damages from a criminal offence, contact Helen Collins, Accredited Specialist in Personal Injury for advice.
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