In December 2017, the Government commenced a review into the early release of superannuation, including whether a perpetrator’s superannuation should be available to meet unpaid victims of crime compensation orders.
The Government has released for public consultation two draft proposals that would provide victims of crime with access to a perpetrator’s superannuation in certain circumstances.
- The first is for a new claw-back mechanism for ‘out of character’ superannuation contributions made by criminals to shield their assets from use in compensating victims of their crimes.
- The second is to allow victims of serious, violent crimes to be able to access a perpetrator’s superannuation as compensation, where other assets have been exhausted, subject to appropriate limits and thresholds.
The Government is particularly interested in views on the likely effectiveness of the draft proposals, including their interaction with existing state and territory criminal and civil procedures. Responses to the paper will inform the development of legislation on this issue.