Superannuation law reform to stop paedophiles hiding cash criticised for not going far enough

Child sex offenders could still shield most of their super from compensation claims by victims, and legal experts and advocates say current law reform proposals don’t go far enough.

Exclusive: Child sex offenders could still shield most of their superannuation from compensation claims by their victims, under government moves to make cash from the retirement funds available to abuse survivors.

According to advocate Rebecca Glenn, CEO of the Centre for Women’s Economic Safety, the proposals to change superannuation laws do not go far enough.

The Albanese government is considering two measures to open up the super funds of offenders and releasing only contributions made in the lead up to criminal proceedings for compensation claims.

The proposal includes enabling courts to access Australian Taxation Office data about offenders’ superannuation accounts in an effort to ensure greater transparency of assets.

But Ms Glenn said there should be no limits on the amount of superannuation made available to pay victim compensation claims.

“We don’t think that the access to superannuation for survivors should be restricted to those additional contributions determined by whenever the charges were laid or some short period before if someone has been criminally convicted of child sex abuse,” she said.

Rebecca Glenn Founder, CEO of the Centre for Women’s Economic Safety (CWES). Picture: Supplied

She said the scheme should not be restricted to just those convicted of a criminal offence.

“It’s so hard to get a criminal conviction that there should be a civil liability as well … at that point, you might look at a slightly different threshold test on the super for unpaid compensation orders.”

“This move by the government is really encouraging and is a step in the right direction to close a loophole that clearly has been used too often by perpetrators of child sex abuse.”

South Australian lawyer Andrew Carpenter of Websters Lawyers, who spoke to News Corp’s Predatory podcast, is spearheading the Super for Survivors campaign with the Grace Tame and Carly Ryan Foundations, and Fighters Against Child Abuse Australia. He also said Treasury’s proposals must go further.

LISTEN TO THE PREDATORY PODCAST

“The consultation paper puts forward two proposals that the Super for Survivors team says is frankly not enough,” he said.
“The advocacy for this change has always aimed for legislation to apply retrospectivity and for the entirety of superannuation contributions (whether voluntary or employer contributions) being up for distribution to provide redress for survivors in the aftermath of any criminal or civil claim.

Andrew Carpenter – a lawyer from South Australia who has been campaigning for laws to be changed to close a superannuation loophole with paedophiles. Picture: Naomi Jellicoe

“This change should not relate solely to the two per cent of survivors who have secured a conviction but for the remaining 98 per cent of survivors who wish to pursue civil claims against their offenders.

“If this change is not implemented it will be the taxpayers who will continue to indemnify paedophiles for their heinous acts.”

Maurice Van Ryn who is now in jail.

The changes would stop cases like former Bega Cheese boss Maurice Van Ryn who is in jail for abusing nine girls and boys between 2003 to 2014.

He revealed through his lawyers in 2017 that his “principal asset” was his super fund and told victims they would get none of it.

Former SA magistrate Peter Michael Liddy who is also in jail.

Former South Australian magistrate Peter Liddy is another paedophile who benefited from the same loophole, and his victims could not apply for civil compensation when he was jailed for sex crimes against young boys at a surf club.

“The government is particularly concerned that, where they are personally liable for a compensation order, offenders have an incentive under the existing framework to shield assets in the superannuation system and deny victims and survivors access to redress in doing so,” Treasury’s discussion paper states.

The government proposals are out for public consultation and could be before parliament by the end of this month.

To support the Super for Survivors’ petition, go to Change.org

For more details about the Predatory podcast, go to predatory.com.au

If you have a story to tell, email us at [e-mail]

Originally published as Superannuation law reform to stop paedophiles hiding cash criticised for not going far enough