Labor introduces bill for Ten Days Paid DV Leave

Linda Burney addresses the House of Representatives - Ten Days Paid Domestic and Family Violence Leave Bill - Monday, 7 December 2020

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If you decide or have the opportunity to leave an abusive or violent relationship, it involves significant time and financial cost.

No-one should have to choose between their livelihoods and their safety.

This is why Labor is introducing this private member's bill to provide for 10 days paid domestic and family violence leave in the National Employment Standards.

Preventing family violence is everyone's business and all of us must take responsibility and show leadership.

This includes government as well business; communities as well as individuals.

Earning an income and financial independence and security are key determinants to whether a woman can successfully and safely escape a violent or abusive relationship.

A job, and job security, is critical to financial independence.

It means putting food on the table; meeting the bills or rent; purchasing books or clothes for school.

Leaving an abusive or violent relationship presents one of the most vulnerable and dangerous periods for a woman.

It requires careful planning – it involves significant effort and cost, in tight timeframes.

It is an anxious process, and for too many women, the cost, logistics and anxiety is prohibitive.

She will need to work out a time to leave.

She will need to find a new place to stay.

This in turn will require money for a security bond. It may require rent in advance.

It necessarily means furnishing the new place, including purchasing a fridge for food and a bed to sleep.

She may have children. She may need to enrol them in a new school.

This can mean new books and new uniforms.

The thing about leaving violence or abuse is that it has got to be swift – it’s got to be done without the abuser finding out.

It often requires spending significant amounts of savings at short notice on a bond or furniture.

Many will need to start up new bank accounts and can only gradually hideaway their savings.

A woman leaving violence or abuse may need to seek legal support.

She may need to attend the police.

She may need to seek the assistance of the legal system including preparing for and attending court to seek a protection order.

Many are too afraid to seek court orders because if they are afraid of retribution from their abusers if they are unsuccessful.

There is a lot of anxiety in ensuring that their application for a restraining order is watertight to make sure it cannot be challenged.

This means getting legal advice – which not everyone has access to.

It involves having to take time off of work to attend court because it meant waiting around court for their turn to get their hearing.

Some have spoken of the shame experienced in having to disclose to their work that they were attending court to seek a restraining order.

It is my sincere hope that the introduction of 10 days paid domestic violence leave will elevate this issue to a status in which no one feels ashamed in disclosing it to their employers.

For many women, the violence or abuse continues at their workplace itself.

It can include constant and ceaseless, threatening or emotionally abusive phone calls, text messages or emails.

It can also include the abuser physically attending the victim’s workplace.

The workplace itself becomes another space in which individuals are placed at risk.

We see this manifest itself in absenteeism or presenteeism.

Victims report being distracted, tired or unwell.

Not only is leaving violence or abuse a financially and logistically costly exercise, it is mentally gruelling.

No one should have to choose between their safety and their income.

Individuals fleeing violent relationships should not have to worry about taking time off of work, losing pay, or losing their job.

We know that those experiencing family violence are often on low incomes, lack job security, and very seldom in circumstances where they can confidently negotiate leave arrangements.

That is why this week Labor gave notice of our intention to present a private members bill for ten days paid domestic violence leave to be provided for in the National Employment Standards.

Many employers already provide paid family violence leave, including Medicare, CUB, Telstra, NAB, Virgin Australia, IKEA, Qantas and the NSW Government.

It is time for the Commonwealth Government to show leadership by getting behind 10 days paid domestic violence leave.

Labor’s bill will amend the Fair Work Act 2009 to double the existing entitlement in the National Employment Standards from five days unpaid domestic and family violence leave, to ten days paid leave.

This will strengthen the existing entitlement and align the NES with the practices of many Australian employers, that already provide paid leave to employees of this kind.

The improved entitlement in the Bill will provide for employees to access paid domestic and family violence at their base pay rate for usual hours of work in the period the leave was taken

It will enable an employee and employer to agree additional paid or unpaid leave can be taken in addition to the 10 days paid domestic and family violence leave.

It will also clarify and expand the reasons for which a person can take paid domestic and family violence leave to make sure people can take practical and necessary steps to protect their immediate and future safety.

And, it will tighten the confidentiality provisions to remove any uncertainty about the handling of personal employee information in the workplace.

The improved entitlement continues to be available to employees of all types, including casual employees.

It will be available in full at the beginning of each 12-month period of the employee’s employment, and does not accumulate year to year.

The entitlement will be pro-rated for part-time or casual employees.

I urge the government to work with Labor in passing this bill.

Preventing family violence is everyone's business and responsibility.

Ten days paid DV leave will provide much-needed assistance for those leaving abuse or violence, or for those who elect to stay with the provisions that many state governments have for staying home in safety and having the abuser leave. But that requires time and effort as well.

But it is also my sincere hope that it elevates this as an issue in our community, and changes community attitudes towards domestic and family violence.

It just astounds me that more attention is not paid to this national crisis—a crisis that saw four women die last week alone at the hands of their ex-partner or partner.

It astounds me that this does not have a higher profile in the media; it hardly rates a mention sometimes.

It is women and children who are suffering in the main because of family and domestic violence and we, as a parliament and as a community, have the responsibility whether we're victims or not.

ENDS

LINDA BURNEY

SPEECH - MONDAY, 7 DECEMBER 2020