Government consults on making financial abusers liable for tax and super debts

Courts could gain power to transfer tax and social security debts to the spouse responsible for abuse

By LineZotpaper
Published
Read Time2 min
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The federal government has announced consultation on reforms that could see perpetrators of financial abuse held liable for tax and social security debts they create as a form of coercive control, with courts potentially given greater flexibility to transfer such debts to the abusive spouse in family law proceedings.

Assistant Treasurer Daniel Mulino announced the consultation today, as part of the government's response to the Parliamentary Joint Committee (PJC) inquiry into financial abuse.

"Financial abuse is often one part of a broader pattern of coercion, control and abuse designed to remove a person's independence and limit their choices," Mr Mulino said.

He said the effects could follow victim-survivors for years after a relationship ended, through debts, financial insecurity and lost opportunities.

"We have a responsibility to ensure our financial systems cannot be used as a tool for abuse, and that victim-survivors receive the support they need to rebuild their lives," he said.

Other reforms announced include preventing perpetrators of family and domestic violence from receiving victims' superannuation death benefits, with draft legislation to be released for consultation later this year. The government also wants to stop coerced directorships, providing protections for victim-survivors pressured into company directorships and the liabilities that come with them.

Mr Mulino said draft legislation would be supported by the Australian Taxation Office (ATO). The government would also give the ATO powers to prevent rollovers into newly established self-managed super funds where there are concerns of fraud, financial abuse, misconduct or potential consumer harm.

ASFA chief policy and advocacy officer James Koval said currently a super fund may be legally obligated to pay a member's death benefit, an obligation the reforms aim to address.

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Analysis

Why This Matters

  • Financial abuse can leave victim-survivors with debts and financial insecurity that follow them for years after a relationship ends
  • The reforms aim to stop the tax and superannuation systems being weaponised as tools of coercive control
  • Draft legislation due later this year will determine how the measures work in practice

Background

Financial abuse is a form of family and domestic violence in which one partner uses money, debt and economic dependence to control another. The use of tax and social security systems to generate debts is one method identified by advocates and inquiries. Today's announcement is part of the government's formal response to a Parliamentary Joint Committee inquiry into financial abuse, building on earlier steps flagged last month.

Key Perspectives

Assistant Treasurer Daniel Mulino: The financial system should not be usable as a tool for abuse, and victim-survivors need support to rebuild their lives. ASFA (James Koval): Superannuation funds may currently be legally obliged to pay a member's death benefit, signalling industry engagement with the details of the proposed changes. Critics/Skeptics: The measures remain at consultation stage, with key details in draft legislation not yet released; implementation will depend on how courts and the ATO apply the new powers.

What to Watch

  • Draft legislation to be released for consultation later this year
  • The outcome of consultation on transferring tax and social security debts in family law proceedings
  • How the ATO applies new powers over self-managed super fund rollovers where abuse or misconduct is suspected

Sources

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