Lawyer backs new law
PUSH for legislation that would see offenders’ superannuation accessed to pay victim compensation has the full backing of a local lawyer.
Federal Financial Services Minister Kelly O’Dwyer has called for changes to prevent pedophiles and other offenders from hiding money and assets in their superannuation packages, thereby depriving their victims of compensation.
As it now stands, offenders could claim to have no money or assets with which to pay compensation yet they could have hundreds of thousands of dollars in superannuation which cannot be accessed.
However, after speaking with victims, Ms O’Dwyer said she was shocked that this was going on and called for the legislation to be overhauled.
Such a change in legislation has the full backing of TooA woomba solicitor Dean Spanner of Kennedy Spanner Lawyers who has drafted a letter to the minister supporting her but asking her to go further.
“I fully support it, but at the moment it’s not clear just how far the minister is intending to go,” Mr Spanner said.
“If you are seriously assaulted and the injury you sustain precludes you from working again, a criminal court doesn’t order compensation for future economic loss.
“If you get assaulted and can’t work you could get Victims Assist which provides some payment but not much.
“The offender could have $150,000 or so in superannuation and even if he goes to jail, he gets out and he still has that superannuation.
“Even is the offender is bankrupted, his super is protected under current law.
“Meanwhile, the victim can’t work due to the assault.
“The victim should be able to access the perpetrator’s superannuation for compensation.
“The only pitfall I see is that if the perpetrator’s superannuation is accessed, ultimately the public purse will pick up the bill because, without the superannuation, the perpetrator will have to go to Centrelink,” he said.
“But weighing it all up, I don’t see why the perpetrator should have superannuation and the victim none.
“This (change of legislation) will give the victim some hope and hopefully some justice.