DFV group urges stronger super death benefit protections

Speak Up Now – Stop Domestic & Family Violence group spokesperson Val France said the current system failed to protect victim‑survivors and their families.

A domestic violence advocacy group is urging the Federal Government to stop perpetrators from receiving their victims’ superannuation, backing a proposal that would give trustees the power to block payments where abuse is suspected.

The Speak Up Now – Stop Domestic & Family Violence group has lodged a submission supporting Option 1 – Broad Trustee Discretion in response to the Australian Government’s Consultation Paper, “Preventing perpetrators from accessing victim’s super death benefits.”

The consultation paper proposes three potential models for reform. Speak Up Now argues that Option 1 is the only model capable of preventing perpetrators from financially benefiting from their abuse, particularly in cases involving coercive control, long‑term violence, or homicide.

Spokesperson Val France said the current system failed to protect victim‑survivors and their families.

“Domestic and family violence is overwhelmingly under‑reported and under‑prosecuted,” Ms France said. “If reforms rely on court findings, as Option 2 proposes, the vast majority of victims will remain unprotected. Option 1 allows trustees to act on reasonable belief, which is essential for recognising the full spectrum of abuse.”

Speak Up Now also raised concerns about Option 3, which would divert superannuation into estate or court processes.

“Estate and court pathways are slow, costly, and retraumatising,” Ms France said. “Families should not be forced into lengthy legal disputes while grieving.”

The organisation is calling for Option 1 to be implemented with strong safeguards, including mandatory DFV‑informed training for trustees, clear statutory criteria, and access to specialist expertise.

“This reform is an opportunity for Australia to take a principled, evidence‑based step toward justice,” Ms France said. “No perpetrator should ever profit from the harm they caused.”