In 2010, when Edan van Haren was 14 years old, a series of repeated sexual assaults started at the residence of ex-Bega Cheese executive Maurice Van Ryn, located on the remote southern coast of New South Wales.
Thirteen years later, Van Ryn received a prison sentence of 13 years for sexually assaulting nine children from 2003 onwards.
In July 2023, following an initial offer of $25,000 from Van Ryn's legal representatives, the 29-year-old Mr van Haren received a judgment of $1.4 million in damages from the NSW Supreme Court.
The person who abused him has now filed for bankruptcy, taking advantage of a legal loophole that cancels the victim's compensation while safeguarding assets held in superannuation. The Adelaide-based individual has still not received any of the money.
"It left me feeling mistreated and controlled, as if the world was only interested in having more people suffer," he said.
The Australian government is looking at amendments to superannuation and insolvency laws that could enable victims to access the retirement funds of their abuser if the offender does not meet court-mandated financial obligations.
The proposed legislation would allow victims to request the Australian Taxation Office for details regarding their abuser's superannuation accounts and ask for the release of funds to cover unpaid compensation rulings.
The suggested amendments would also ensure that financial obligations for compensation remain in place even if perpetrators file for bankruptcy to evade paying their victims.
The payments would be restricted to specific kinds of superannuation contributions made since the abuse started, such as personal contributions and additional employer contributions that are not mandatory by law.
Mr. van Haren acknowledged the government's effort to address the loopholes, but mentioned that the proposed law included "some mistakes".
I believe all supers should be accessible to victims, not just ... additional contributions," he said.
If the government fails to handle this correctly, it results in a cycle where many individuals become victims who ultimately don't have their own superannuation in the long term due to their inability to keep a job.
It only causes the victims to endure pain, not the paedophiles.
The legal representative of Mr van Haren, Andrew Carpenter, stated that the suggested law was insufficient.
"The initial proposal we submitted to the government was that it should apply to all victim-survivors of child abuse, irrespective of whether [the abuser] had been convicted," he stated.
A large number of individuals who win civil cases should have access to this option, as if a judge determines that abuse took place and awards compensation, why shouldn't they be entitled to the superannuation of those responsible?
This implies that the taxpayer will keep covering the wrongdoings of these individuals, while the offenders can effortlessly relish their retirement and their millions in superannuation.
Mr. Carpenter mentioned that, on average, it takes over two decades for survivors of abuse to come forward.
"By that point, evidence becomes scarce, witnesses pass away, and it becomes extremely difficult to secure a conviction as time goes by," he stated.
Nevertheless, in the civil domain, offenders typically do not have the right to remain silent and must engage in the civil process, undergoing cross-examination.
Jason Harris, a corporate law professor at the University of Sydney, stated that the changes marked a positive move forward.
"One aspect that is disappointing is the limited consultation period, which lasts only a few weeks, and there are undoubtedly intricacies in these proposals and their integration into the tax and bankruptcy framework," he stated.
Therefore, they must be thoroughly examined to ensure that the suggestions will meet the victims' objectives and offer them practical paths for compensation.
More often than not, when the government offers a brief period for public input, it's because they've already decided on their course of action.
A representative from the office of Assistant Treasurer and Financial Services Minister Daniel Mulino stated that the bill is expected to be approved by parliament within the coming months.
Comments
Post a Comment