The case of jailed paedophile Maurice Van Ryn may lead to convicted criminals being forced to open their wealth hidden in superannuation accounts to pay victims compensation.
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Revenue and financial services minister Kelly O’Dwyer has announced the federal treasury will review the current rules around the early release of superannuation on severe financial hardship and compassionate grounds, as well as paying compensation or restitution to victims of crime.
As it stands, when he gets out he’ll be able to access all this money he’s hidden away to live a normal life.
- A mother of a victim of confessed paedophile Maurice Van Ryn
The mother of one of 62-year-old Van Ryn’s victims has welcomed the review, following the stress placed on his victims during recent civil proceedings.
“This hiding of money is just another way of punishing his victims,” the mother said.
“These kids have been through enough, they shouldn’t have to go in a court room to prove the extent of damage caused.”
The mother said a recent settlement with Van Ryn, who is serving a jail sentence of at least 13 years and six months, came after the former millionaire claimed he was almost broke.
“I just don’t believe him,” she said.
“This review is not going to help our children, but if there is one thing going to come out of this hideous crime then I hope it will be changes to help people in the future facing the same issue.
“As it stands, when he gets out he’ll be able to access all this money he’s hidden away to live a normal life.”
Van Ryn will be eligible for parole in 2028.
The mother described the entire civil process as “like going through the spin dryer” and questioned whether the victims are any better off at the end of it all.
“From our point of view it’s uncomfortable because we don’t want people to think we’re just out to get money,” she said.
“I just want to make sure the kids get the right medical care to make sure they have wonderful, productive adult lives.
“I don’t want it to hang over their heads, which will only happen if they get the right level of care.
“Just look at all the cases that have come up in the local court, and we have limited mental health services locally, so victims often have to commute to Sydney for their treatment.”
The mother said the “hiding of money” in superannuation was “just another way of punishing the victims”.
“Perpetrators who have the means to compensate should do,” she said.
“If you have a victim of crime who doesn’t have the means to pursue a predator like that, if assets were frozen and superannuation retrieved to allow them to get the medical assistance they need it would be more equitable.
“You have to have money to pursue the civil case, in order to get money to get the care you need, and be able to heal because there’s so much damage that’s been caused.
“Van Ryn has fought tooth and nail.”
In a legal letter to victims and their family members before civil proceedings, Van Ryn’s lawyers warned they could be forced to prove through medical exams and cross-examination in court that his predatory behaviour had caused them harm.
The mother said victims living in rural Australia had a difficult time seeking treatment, and must travel excessive distances and pay the costs of the travel for services such as specialist psychiatric care.
“The journey doesn’t end with the court case,” she said.
An online petition, started by another parent of a Van Ryn victim, lobbying Ms Dwyer for changes to legislation has collected almost 20,000 signatures.
“Surely those who wrote the Superannuation Act and the politicians that voted on it never expected it be used as a mechanism for paedophiles to hide their money and avoid compensating their victims,” the petition reads.
“These laws can be changed to deal with such injustices; in recent years laws were changed to give access to superannuation in divorce settlements.”
Ms Dwyer said the early release rules had not been reviewed for 20 years, and treasury would report its findings back to the government in March next year.
“The review will also consider and make recommendations on whether a perpetrator’s superannuation should be accessible to pay compensation or restitution to a victim of crime; and, if so, the circumstances in which this may be appropriate,” Ms Dwyer’s office said.
Founder and chair of child protection advocacy organisation Bravehearts Hetty Johnston has been pushing for the review, and believed changes will also work to prevent crimes against children.
“For perpetrators it’s about money and wealth, which is their greatest power, so they squirrel it away and that’s been sanctioned by government,” she said.
“If we’re serious about protecting children it will change.
“They shouldn’t be able to hide their wealth to protect themselves.”
Eden-Monaro MP Mike Kelly has also come out in support of the review.
“It is not fair that victims are suffering through financial and personal hardships as a result of Van Ryn’s crimes, particularly if there is a sizable amount of money that has been funnelled into his superannuation account,” Dr Kelly said.
“The victims should be able to access compensation so they can receive the medical care they need as a result of the damage that Van Ryn has caused.
“I will stand with the community on this matter and am happy to meet with any family representatives or concerned residents in the New Year to discuss the process.”