Domestic and family violence can take several forms. It may involve physical violence, sexual violence and emotionally abusive, harassing or controlling behaviour [1]. Domestic violence typically refers to violent behaviour between a current or former intimate partner. Family violence extends to violence between family members [2].
The prevalence of domestic and family violence has risen dramatically during the covid 19 pandemic. With people restricted to their homes during government-mandated lockdowns, individuals are isolated and cut off from essential support systems like school or work.
In
a recent survey, 53.1% of woman who had previously experienced physical or sexual violence from their current or former partner reported an increase in its frequency or severity since February 2020 [3].
Domestic and family violence can have far-reaching consequences for Australia’s working population. ABS data reveals that about two-thirds of women who experience domestic violence are members of the workforce [4]. The impact on the economy in lost productivity, absenteeism and staff turnover is therefore significant [5]. As an employer, you should ensure you provide a safe and supportive workplace to assist employees who are experiencing domestic or family violence.
Domestic and family violence leave entitlement under the NES (National Employment Standards)
In late 2018, the Federal Government introduced the domestic and family violence leave entitlement to Australia’s national workplace relations system.
Under the Fair Work Act’s National Employment Standards (NES), all employees (including casuals) may access up to 10 days of paid family and domestic violence leave each year. Notably, the entitlement does not accumulate year to year. However, the provisions do not prevent an employee from taking more than ten days leave if they can reach an agreement with their employer.
An employee may require this type of leave for a number of reasons. In order to protect themselves from ongoing harm, they may need to relocate as far away from an abuser as possible. Alternatively, the worker may need to attend urgent court hearings, access police services or seek medical attention and counselling.
Recognising the signs of domestic and family abuse is not always an easy task. Section 106B(2) of the Act offers a broad definition of the term, so as to include any “violent, threatening or other abusive behaviour by a close relative of an employee that seeks to coerce or control the employee; and causes the employee harm or to be fearful”.
An employee’s close relative may include various parties, such as a –
• Current or former spouse
• De facto partner or former de facto partner
• Child
• Parent
• Grandparent
• Grandchild
• Sibling
• Person related to the employee according to Aboriginal or Torres Strait Islander kinship rules
The addition of domestic and family violence leave as a minimum entitlement under the NES is important for the purposes of enforcement.
Domestic and family violence is a sensitive topic. Employers are also obliged to take steps to ensure that any information regarding the employee’s leave is treated confidentially, as far as it is reasonably practicable to do so.
See Fair Works Fact Sheet on Domestic Violence Leave
Support Services for those impacted by domestic or family violence
If you have been impacted by domestic or family violence, it is important to know that ongoing support is available.
1800 RESPECT is open 24/7 to provide confidential information, counselling and support services to anyone who has experienced or is at risk of domestic and family violence. You can visit their website here.
By Kirra Griffin June 2021
Kirra Griffin is a final-year law student at Melbourne Law School. As our resident legal assistant, Kirra uses her specialised knowledge of the law to translate complex concepts into easily digestible information.
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