Robinson Gill welcomes the announcement by the Federal Government that they are proposing changes to legislation to allow victims of crime who launch civil action for compensation against their perpetrators to be accessed from superannuation accounts.
For a victim of a crime to obtain compensation from an offender, they are normally only able to do so if that offender has assets in their name, or a regular job, and therefore was in a position to meet payment of any judgement amount awarded against them. Far too often we find that offenders thwart the system by ensuring that no assets are held in their name, and all money and/or income is hidden such that it cannot be accessed by the victim of the crime.
Currently the only way a victim of a crime can obtain any compensation from an offender who has a superannuation fund is to wait until the offender is eligible to access the monies in a superannuation fund. Even then this does not guarantee success.
The proposed changes will ensure the victims of crime have fair access to compensation from an offender which can be available from either their assets, income, or superannuation.
Currently the only way a victim of a crime can obtain any compensation from an offender who has a superannuation fund is to wait until the offender is eligible to access the monies in a superannuation fund. Even then this does not guarantee success.
The proposed changes will ensure the victims of crime have fair access to compensation from an offender which can be available from either their assets, income, or superannuation.
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