As a victim survivor of a notorious paedophile, Edan Van Haren was awarded compensation of more than $1.4million two years ago.
Subscribe now for unlimited access.
or signup to continue reading
He was yet to see a cent after Maurice Van Ryn declared bankruptcy following the Supreme Court ruling.
Mr Van Haren has welcomed news of the government's efforts to investigate bankruptcy laws.
Member for Eden-Monaro Kristy McBain told ACM this week she had met with federal Assistant Treasurer Dan Mulino to again raise the issue of victims' compensation in relation to bankruptcy and superannuation laws.
Currently, the law allows a declaration of bankruptcy to extinguish any debt, including court-ordered payments of victim compensation.
Similarly, superannuation was a protected asset under current legislation.
Deservedly entitled to anonymity, Edan chose to go public in his pursuit of victim compensation for the abuse he endured at the hands of Van Ryn.
Edan was abused between 2010 and 2012. He first disclosed the abuse in 2016, and his first statement to police was in March 2018.
Van Ryn, who pleaded guilty to four counts of aggravated sexual intercourse with a child aged between 14 and 16, was already behind bars for similar offences when he received a nine-year jail sentence.
His existing non-parole period was extended by 12 months, resulting in an expiry date of April 2029.
Edan was awarded compensation of $1,416,829.85, plus costs, in the Sydney Supreme Court on July 5, 2023, by Justice Chen.
If nothing is achieved by the federal government in changing the laws by July 2026, that debt will be completely wiped.
Edan will get nothing - other than a sizeable legal bill of his own for fighting the issue through the courts.
Ms McBain acknowledged that changing superannuation and bankruptcy laws to support victims of serious crimes was "quite a complex legal change".
However, she was positive following her meeting with Mr Mulino.
She said he understood and agreed on the urgency of the reforms for which the community had been calling.
"It is not straightforward, and we want to make sure it is done right," Ms McBain said.
"The government is working hard to get this done in time to ensure that Edan - and others - can access compensation. I will be championing this to ensure it happens.
"I know how distressing this has been for our community, and for many other communities around the country.
"I look forward to updating the community on progress before the end of the year."
When he heard about this week's meeting, Edan said it was encouraging, but he also knew how slowly governments can work.
"It might be slow progress, but any progress is better than none," he told ACM.
Edan said there were two distinct parts to the changes being sought, but one was much more in line with community values.
"Protection of superannuation is easier to defend. I mean, I can't defend it. It shouldn't be allowed at all and logically should be used to heal victims, but I understand the complexity," he said.
"But bankruptcy - there's no reason it should ever clear court debts.
"They just didn't do enough to check the loopholes criminals could use when they brought in the laws.
We're not trying to change everything, we are just wanting to fix the bit they stuffed up when implementing the bankruptcy laws.
Edan said the reforms still may not come in time for his own payout, but he was far from giving up on the push for reforms.
"It's not even just for his [Van Ryn's] victims. It's for all of Australia.
"The only people these bankruptcy law changes will hurt are paedophiles. And I don't think anyone in the community minds that.
"Even to me it's still a bit of a taboo topic...but someone has to take a stand."
Support is available for those who may be distressed. Phone Lifeline 13 11 14; Men's Referral Service 1300 776 491; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732; National Elder Abuse 1800 ELDERHelp (1800 353 374)
