Michelle Ananda-Rajah (Higgins, Australian Labor Party) Share this | Hansard source

On 1 August small-business employees gained access to 10 days of paid family and domestic violence leave. This occurred after years and years of advocacy by unions, stakeholders and victims-survivors. It's applicable to workers who are working full time, part time or on a casual basis, and it is not pro rata. It is available upfront. It is not accrued, and it certainly doesn't carry over year after year. It replaces a previous entitlement of five days of unpaid family and domestic violence leave. It means that small businesses in Australia, all five million or so of them, are now aligned with the seven million people who work in large and medium business around the country.

Why did we do this? We did this because around 800,000 women, we think, experience the physical and mental health impacts of family and domestic violence. It is likely an underestimate. We do know that one in four women before the age of 15 experience intimate partner violence, and this has further impacts on their social and economic participation. It results in a disrupted work history, which leads to an entrenchment of casual and part-time work, and that then has further, outsized impacts on a woman as she progresses through her working life—principally, less pay, lower income, fewer assets, less super. Is it any surprise, then, that family and domestic violence is a potent driver of homelessness and the risk of homelessness for women and children?

There are several resources available to small business owners. One is 1800RESPECT. It is a national service. There is Lifeline and women's legal services; there is Kids Helpline, specific to children; and there is a men's line, called MensLine Australia. I highlight these because small businesses have a huge role in being upstanders in helping to identify the clues and the signs of domestic violence in their workers. I just want to go through some of these. It's quite informative.

Some of the signs that are worth picking up on are workers who do not turn up to work or turn up late. In other words, there's a change in their usual behaviour. These workers and victims may have trouble concentrating. Why would that happen? Concussion is one reason that would happen. Severe trauma is another reason why workers would struggle with concentration, as well as choking injuries to the neck, which can lead to anoxia of the brain. These are clues that are worth staying across.

You might find that your workers are making mistakes that are uncharacteristic of them. So you'll see perhaps a change in the quantity or quality of their work. Things like bruises, black eyes and broken bones are obviously red flags, but they may not be obvious. Why? Because victims often conceal these injuries or apply make-up. Then there will be signs of emotional distress, and that may manifest as unusual quietness, isolation or withdrawal from co-workers, and repeated bouts of emotional lability, particularly tearfulness, at unexpected times, even uncharacteristically, or disproportionate to whatever has been done or said.

You may notice that workers are receiving an unusual number of emails or texts and are moving away from their co-workers in order to respond to these. There may be an abrupt change in their address. They may also be receiving unwelcome visits at the workplace from the perpetrator, and this in itself will incite a very strong negative reaction from the victim.

Then there are features of coercive control. Limited access to money is one—a survivor not having any money at work or no access to an ATM card, perhaps skipping meals because they can't afford their lunch. Then of course there will be restrictions on movement. These workers may not turn up to social functions, for example, because they are being prevented from doing so by the perpetrator.

I think it's really important that employers are alive to these clues and, also, are prepared to have difficult conversations. These are conversations that I had to have thousands of times in my career. The first advice I'd give you is to be prepared. Understand what your obligations are, hence circle back to those resources, particularly the ones I mentioned but also the Fair Work Ombudsman's website, which is very useful. Make sure these conversations are treated confidentially and keep repeating that. Create a private space to have these conversations and do them in person. Why? These sorts of conversations are not done online or over the phone because you miss those paraverbal clues that convey probably more than the language itself. Also, when a victim is facing another person through a screen, they have to maintain eye contact and gaze, and that in itself can be quite traumatising for victims, who may want to turn away or withdraw every now and then. It's just not conducive to having these difficult conversations. So I would caution against that.

In terms of your opening lines, they might be: 'I've noticed a change. Is everything okay? How are you going generally?' Keep it broad, keep it general, but be empathetic and be patient. Understand that your employee may not disclose anything in that first conversation, but extend the invitation that you're always available to talk to them. Ask your employee if there's anything else you can do to ensure that the workplace is safe for them and for others. It may be useful to schedule regular wellbeing check-ins with all your employees, so that no single person feels like they are being singled out at a time of distress, as that can actually heighten their own distress.

I think it's also important to understand that these conversations are not easy for anyone, and, when a person is traumatised, they may only absorb 10 to 20 per cent of what you're actually saying, so it does need to be repeated. I've often followed things up with something written that I hand to the person, so that they can go away and reflect on that document.

Obviously, do not be judgemental and do not push people. Just listen, and realise that you are not a professional counsellor—you are their boss; you are their employer—but understand your obligations and also understand how you should direct victims to the professional support services around them.

I would also say that, once your employee has taken out domestic violence leave, you don't necessarily have to keep an ongoing connection. You need to take the lead from your employee. They may not want to talk to you during that period, because they're sorting out their life or seeking assistance and support from elsewhere. If you do want to keep in touch, ask them how they want you to keep in touch. It may be that the traditional or conventional phone is not the appropriate platform. They may want an encrypted platform to have that conversation with you. So it's worth asking those questions.

A person experiencing family or domestic violence often will not leave an abusive partner in the first instance. So do not wade into judgements around the perpetrator. Avoid it. It is difficult, particularly when there are children involved. Victim-survivors are most at risk of harm, and indeed death—noting that, on average, one woman is murdered every week by a current or former partner—when they actually leave their partner, so be aware of that.

In addition, having these conversations can also put a significant burden on you as an employer. I think it's important that employers are aware they need to actually look after themselves. Self-care is incredibly important, because vicarious traumatisation is a thing.

I'll conclude by saying that we, in the Albanese government, have invested in the National Plan to End Violence against Women and Children, and we've invested a record amount of $2.7 billion, but governments alone cannot fix this problem. It's now up to the people, including small-business owners, to breathe life into this plan. We all have a role to play. We cannot be bystanders. The information is out there. Seek it out, educate yourselves and stand up.

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