Julia Banks (Chisholm, Liberal Party) Share this | Hansard source

I rise today to talk to this motion moved by the member for Newcastle. It is a pity that the member for Lindsay reflects negatively on the work of the joint bipartisan committee and refers to faux empathy. In fact, the bipartisan, joint house committee made several recommendations based on submissions by members of the public and others who had given of their own time.

In my early days as a young lawyer I practised family law and saw firsthand that divorces and break-ups are inherently serious and complex when the element of domestic violence is an integral component and that, sadly, when domestic violence is implicated within the family law proceedings, it often has significant, devastating consequences for the victims of violence. Domestic and family violence has far-reaching effects for the women who are experiencing it and for their children, including, for women, the disruption to their ability to work. The Australian government recognises the important role that employers can play for employees experiencing domestic and family violence. I come from 20 years experience in the private manufacturing sector, where employers always provided support during difficult times—and the government encourages all employers to support their staff during such difficult times.

Under the National Employment Standards of the Fair Work Act, employees already have the right to request flexible working arrangements if they are experiencing family violence or providing care or support to a member of their family or household who is experiencing family violence. The Fair Work Act includes general protections and up to 10 days of paid personal leave for employees or a family or household member to recover from personal injury, including as a result of domestic violence. Contrary to Labor's claims, the government workplace bargaining policy does not require Commonwealth Public Service agencies to remove leave provisions for employees affected by domestic or family violence. It is of no help to victims of domestic violence to suggest this support will be diminished. These claims are inaccurate and dishonest, and falsely create fear—even more fear—among employees on this highly sensitive issue.

Agencies are strongly encouraged to use existing provisions to provide support for employees affected by domestic family violence, and a number of Australian Public Service agreements contain specific references. Agencies whose enterprise agreements do not specifically mention leave for domestic violence remain committed to providing support for employees through existing arrangements. The Fair Work Commission is currently hearing a case on the inclusion of domestic violence in modern awards. The government will consider its position once the Fair Work Commission has made its decision; once it has made a preliminary decision, we will consider that.

I also rise to talk to this motion because I see it as an opportunity to discuss the excellent work done in 2017 by the Social Policy and Legal Affairs Committee, a bipartisan committee, under the excellent leadership of the chair of the committee, the member for Corangamite. May I take this opportunity to thank all those who made submissions to this inquiry. I'm very proud that in March 2017 the Attorney-General requested that this House of Representatives standing committee inquire into how Australia's family law system can better support and protect those affected by family violence. Many families across Australia access the family law system for assistance and support to resolve the legal issues which arise following a family breakdown, and many of these families have had experience with family violence. It is imperative that adequate support and management is provided to these families to ensure their ongoing safety and wellbeing.

The report represents the findings of the inquiry including: the difficulties posed by an adversarial family law system; the existence of inappropriate responses to the family law system; the legal fees and complex court procedures; and the complexity of navigating state, territory and federal jurisdictions. Responding to these concerns, the report outlines various ways in which the family law system can be improved, including a nationally developed risk assessment tool and a stronger, more unifying approach to identifying and responding to family violence in family dispute resolution, using the new nationally consistent risk assessment tool.

Noted in the report are the early signs of success of the Australian government's new Family Advocacy and Support Services program. The report recommends the extension of this program, subject to a positive evaluation, including into regional Australia. The committee makes several recommendations to ensure that, once the matter reaches court, the determination of family violence occurs in early proceedings and that the complexity of Family Court proceedings is ameliorated.

I submit this and again congratulate the member for Corangamite for leading an excellent inquiry and making recommendations which will make the world a better place for the victims of domestic violence.

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