Family and domestic violence (FDV) is a major problem in Australia with extensive health, welfare and economic consequences. Flinders University experts have led an independent statutory review into the operation of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022, coming up with five key recommendations to encourage its expanded adoption in the community.

The new report, tabled in Canberra, found that the first year of paid FDV leave entitlements is operating as intended, enabling employees who have used the leave to access relevant services and take action to improve their safety while maintaining their income and employment.

The review’s 12 findings and five key recommendations focus on continuing to build awareness and understanding of the entitlement while affirming the crucial role of businesses and workplaces in preventing and responding to FDV.

The review found that further work is needed to ensure all employers and employees are aware of the entitlement to family and domestic violence leave. It also found that ongoing stigma around family and domestic violence was a barrier to workers accessing the leave.

Flinders Professor in Law and Criminology, Dr Marinella Marmo, says FDV is closely connected to women’s employment and economic security as well as workplace culture and equity more broadly.

“The independent review was informed by consultation with key stakeholders including employers and their representatives, employees and their representatives, frontline FDV services, and academic experts.

“Particular efforts were made to explore the impacts of the entitlement on small businesses and people who have experienced family and domestic violence.”

The reform particularly supports women, who are overrepresented as victim-survivors of domestic and family violence.

The 2021-22 Personal Safety Survey conducted by the Australian Bureau of Statistics found that 1 in 4 women in Australia have experienced violence by an intimate partner, compared to 1 in 14 men.

The review found that of the workers who had taken paid family and domestic violence leave, 91 per cent surveyed said it helped them maintain their income, and 89 per cent said it helped them to retain their employment.

The report assessed the impact of the entitlement since its commencement in February 2023. The Act provides an entitlement of 10 days’ paid FDV to all employees under the Fair Work Act 2009.

The recommendations are:

1. Ongoing evaluation and stakeholder consultation is needed to develop the evidence base on paid FDV leave. As familiarity with the entitlement increases, continued opportunities for stakeholder engagement are important to inform proposals for further reform.

2. Existing resources should be improved and promoted, with a particular focus on small business and resources that speak to employees, including:

• Reconsider and revise existing government resources with a particular focus on areas of uncertainty including the interpretation of evidentiary requirements, management of confidentiality, and application of the entitlement to casual employees and employees requesting leave to care for others.

• Relaunch and invest in continuing development of the www.10dayspaidfdvleave.com.au website, the ‘one-stop shop’ hub for small business.

• Consider targeting information through identified channels of communication that are regularly accessed by small business owners and the community (such as social media).

• Consider ways to normalise paid FDV leave within the context of broader workplace relations messaging.

3. Harness the intelligence and advocacy of unions, employer representatives and small business peak bodies to continue training and awareness-raising initiatives and report back to Government on progress and emerging barriers.

4. Any response by Government to enhance resources should tap into existing distribution networks and focus on priority groups of employees including:

• casual workers

• First Nations and CALD workers

• LGBTQIA+ workers

• People living and working with disability

• Workers in regional, rural and remote communities.

5. Initiatives to improve awareness of and access to paid FDV leave must be integrated with broader community efforts to address FDV and gender inequality. For example:

• Education and training initiatives for first responders (and services that commonly interact with FDV victim-survivors) should include information on workplace entitlements and supports.

• Community actions to further the objectives of the National Plan should continue to recognise the role of the workplace in addressing and responding to FDV.

• Attention to issues of national consistency and importance, including a harmonised legislative definition of FDV, should continue to be prioritised.

The multi-disciplinary review team included experts in the fields of family and domestic violence, workplace relations and the workforce and labour implications of gender inequality.

The Flinders University review panel comprised Professor Marmo, Senior Lecturer in Social Work Dr Kate Seymour,  Research Fellow in Centre for Social Impact Dr Nada Ibrahim, Associate Professor in the Future of Work Andreas Cebulla, Associate Professor of International Law Hossein Esmaeili, Law Lecturer Dr Jenny Richards and project manager Dr Elvio Sinopoli, from the College of Business, Government and Law.

Additional Support

Help is available for any person experiencing family and domestic violence. If in immediate danger, call 000. For counselling and support, call 1800 RESPECT [1800 737 732]

Information about the Family and Domestic Paid Leave entitlement can be accessed here.