Date: 16 April, 2024
Finally, Super for Survivors stakeholders and supporters have reason to be optimistic. After six years of tireless campaigning for legislative change, allowing survivors of childhood sexual abuse access to the superannuation of sex offenders as compensation for their suffering, it appears that state and federal governments are prepared to take action. On Wednesday 10 April a significant motion by the Hon Laura Henderson MLC was successfully passed by the Parliament of South Australia!
This motion is a crucial step forward in addressing the alarming reality: 1 in 3 girls and 1 in 5 boys experience sexual assault by the age of 18. It’s time to acknowledge this issue and take action.
The motion calls on the Federal Labor Government to close the legal loophole protecting paedophiles’ superannuation from their victims and survivors. This loophole has been an obstacle for too long, denying justice and closure to those who have suffered. Furthermore, it urges the state’s Malinauskas Labor Government to advocate for federal policy changes to address this injustice.
Websters Lawyers’ Andrew Carpenter provided a keynote address at South Australia’s State Parliament, welcoming this milestone which has been years in the making and urged all levels of government to get behind the campaign and fast-track the necessary changes to the law.
Solicitor Andrew Carpenter (centre) with members of South Australia’s Legislative Council including the Hon Laura Henderson MLC (centre left).
Hon Laura Henderson’s dedication to child protection and the prevention of family and domestic violence is commendable. Elected at just 25 years old, she’s already making significant strides in advocating for survivors’ rights.
Let’s continue to support initiatives like the Super for Survivors campaign and work towards a future where survivors can seek redress without hindrance. Progress may have been slow, but every step counts towards justice and healing.
Andrew Carpenter, Senior Associate at Websters Lawyers and co-founder of the Super for Survivors campaign, is a long-time advocate for victims of childhood sexual abuse and welcomes this announcement, reiterating the need for bipartisan support from all levels of government.
Overview of child sexual abuse in Australia
The extent and ramifications of child sexual abuse are clear. According to the Australian Bureau of Statistics, key statistics from the 2021 National Study of Mental Health and Wellbeing and the 2016 Personal Safety Survey include:
• 1 in 5 Australians aged 16–85 experienced a mental disorder in the previous 12 months.
• Childhood abuse survivors are more likely to suffer from psychological disabilities.
• An estimated 2.5 million Australian adults (13%) have experienced childhood abuse.
• The average age of the first incident of sexual or physical abuse was 6.8 years.
• 86% of childhood sexual abuse victims knew the perpetrator, with 35.6% being family members.
Reference: Australian Bureau of Statistics – National Study of Mental Health and Wellbeing
Why the need for legislative reform?
Following the 2013-17 Royal Commission into Institutional Responses to Child Sexual Abuse, a National Redress Scheme was established to support victims. Although commendable, the National Redress Scheme excludes survivors abused outside institutional settings by individuals, leaving many without recourse.
An alternative compensation avenue for survivors involves making a civil claim against a perpetrator for breaching their duty of care. However, survivors often face challenges pursuing civil claims, as offenders may be unable or unwilling to satisfy settlement agreements or compensation orders. Survivors of abuse, among the most vulnerable Australians, frequently suffer psychiatric injuries, unemployment, addiction, and homelessness, exacerbating their trauma. Additional obstacles faced by survivors include delayed disclosure, distrust of authorities, and low prosecution rates for perpetrators of child sexual abuse. Legislative reform is essential to provide survivors with compensation and alleviate the burden on government support services.
How did the “Super for Survivors” campaign come about?
In 2018, the then-federal government held a press conference announcing their intention to pursue legislative changes allowing survivors of sexual abuse to access the superannuation of offenders for compensation. This initiative arose from the case of former Bega Cheese CEO and convicted paedophile, Maurice Van Ryn, who transferred an estimated $9 million into his superannuation before being sentenced to 18 years in prison for child sex offences.
Current laws permit perpetrators of sexual abuse to shield their assets by placing them in superannuation, making them immune to legal claims. This legal loophole prevents victims of sexual abuse from accessing the superannuation of their abuser as compensation for the harm they endured. Despite the 2018 government promise to enact legislative change, combined with the groundswell of support for the initiative, no progress has been made.
Super for Survivors partners advocating for change
In 2020, Mr Carpenter, who has represented numerous survivors of sexual abuse in civil litigation proceedings, began advocating publicly for victims. Mr Carpenter holds the steadfast view that paedophiles should not be allowed to shield assets or enjoy a comfortable retirement after committing heinous crimes. He draws attention to the history of offenders transferring assets into superannuation to evade legal claims and asserts that legislative updates are necessary to enable survivors to access their abuser’s superannuation to satisfy compensation orders.
Mr Carpenter played a pivotal role in highlighting this miscarriage of justice and mobilising high-profile victims, politicians, and support groups to bring awareness to the legal loophole and advocate for survivors. Websters Lawyers have partnered with The Grace Tame Foundation, The Carly Ryan Foundation and Fighters Against Child Abuse Australia, lending their collective voices to champion victims’ rights and pressure successive federal governments to make the necessary reforms.