Sharon Claydon (Newcastle, Australian Labor Party) Share this | Link to this | Hansard source

I move:

That this House:

(1) notes that:

(a) one in three Australian women have experienced physical violence since the age of 15; and

  (b) two thirds of women who experience violence are in paid employment;

(2) recognises that:

(a) family violence isolates and excludes its victims and disconnects people from community, work, education, friends and family;

(b) the trauma experienced by an employee facing family violence will be lessened if they have the support of an understanding and accommodating employer that offers domestic and family violence leave; and

  (c) access to a leave specifically allocated for situations of domestic and family violence protects employees from discrimination and allows them to maintain stable employment which increases their likelihood of leaving violent relationships;

(3) commends the many private companies that already provide domestic and family violence leave, including Telstra, Virgin, Qantas and the National Australia Bank, to more than one million Australian workers;

(4) condemns the Government for its public service bargaining policy which has resulted in the removal of domestic and family violence leave provisions in some public service enterprise agreements; and

(5) calls on the Government to amend the National Employment Standards to include domestic and family violence leave as a universal workplace right.

It's with great concern that I rise in this House today to shine a light on not just the extent and prevalence of domestic and family violence in Australia but the need, the urgent need now, to address the issue of domestic violence leave. Despite its increasing prominence in much of our national debate, the rates of domestic and family violence in Australia continue to be horrifying. One in four women experiences intimate partnership violence; women are five times more likely than men to require medical attention or hospitalisation as a result of intimate partner violence; and one woman is killed by a partner or an ex every single week in Australia. As a country we must find ways to end this scourge.

Given that more than one-half of domestic violence victims, most of them women, are in full-time work, workplace reform is critical. So domestic and family violence is absolutely a workplace issue. The most urgent priority is for the federal government to enshrine domestic violence leave in the National Employment Standards. Domestic violence leave crushes stigma and protects employees from discrimination. It brings the issue out from behind closed doors, and it sends a clear message to employees that they have understanding and support in their workplace. And it gives women the time and space they need to rebuild their lives while maintaining their financial independence, one of the key predictors of successfully leaving a violent relationship.

Leaving a violent relationship is traumatic, and we know it is also extremely dangerous. But it's equally demanding, exhausting and time consuming. There are doctors' appointments; trips to the police station; meetings with lawyers, counsellors, financial advisers and others—not to mention house inspections, applications, calls to real estate agents to find a new home. Of course, women with children often have to find new schools and make sure that the mental and physical needs of their children are always being looked after.

In recent years, we've seen some real momentum gathering for workplace change. More than half of Australia's major private sector employers have introduced domestic violence leave, and one-third have a formal policy. Companies including Telstra, NAB, Virgin Australia, IKEA and Blundstone have led the way, and 1.6 million Australians now have access to this important workplace provision—but many millions do not.

I'm very pleased that federal Labor has pledged that 10 days paid domestic violence leave would be enshrined in the National Employment Standards under a Shorten Labor government, but it saddens me that the federal government hasn't made the same commitment. Not only has the Turnbull government not made that commitment; it has actually rejected the proposal of domestic violence leave. It has actively removed it from public sector enterprise bargaining agreements. I do believe that many government members are genuinely committed to addressing the scourge of domestic violence, but this isn't being borne out in any government policy. If we as a country are serious about addressing domestic and family violence, then our National Employment Standards must include domestic and family violence leave as a universal workplace right.

Government ministers have consistently argued against domestic violence leave, and the arguments they have used to support their inaction have, frankly, been baseless. The former Minister for Employment and—regretfully, for many of us—Minister for Women, Michaelia Cash, argued that domestic violence leave would be a 'perverse disincentive' for employers to take on female workers. Using that argument, you might as well say the same thing for carers leave or maternity leave, both provisions that are disproportionately needed and accessed by women. This is an argument that's been demolished by not just members on this side of the House but indeed the Centre for Future Work, which has really put paid to that argument.

I'd like to pay tribute to that fearless domestic violence campaigner, Rosie Batty, for her work here. Mr Turnbull, it's time for the government to match Labor's commitment and amend the National Employment Standards. (Time expired)

Rob Mitchell (McEwen, Australian Labor Party) Share this | Link to this | Hansard source

Is the motion seconded?

Justine Keay (Braddon, Australian Labor Party) Share this | Link to this | Hansard source

I second the motion and reserve my right to speak.

Sarah Henderson (Corangamite, Liberal Party) Share this | Link to this | Hansard source

I rise to speak on this motion, and I want to start my contribution by saying, as the chair of the House of Representatives Standing Committee on Social Policy and Legal Affairs—the member for Newcastle is the deputy chair—that we handed down some very important recommendations on family violence law reform at the end of last year. These recommendations are incredibly important, incredibly far-reaching, and I'm very disappointed that none of that very significant work that we did as a committee, recognising the substantial work of the Turnbull government in the law reform measures that have been taken already, was recognised either in the member's contribution or in the motion. So I do want to place on record my disappointment about that, and my disappointment that the member for Newcastle's opportunity to promote and also strongly endorse these recommendations again today was missed. I think that is extremely regrettable.

Look, I do want to correct a number of matters that have been put forward by the member for Newcastle. Of course the Australian government recognises that domestic and family violence has far-reaching effects for the women, and some men, who are experiencing it, including disrupting their ability to work. We recognise the important role that employers can play for employees experiencing domestic and family violence. We encourage all employers to support their staff during such difficult times. But I want to make it very clear: contrary to Labor's claims, the government's workplace bargaining policy does not require Commonwealth Public Service agencies to remove leave provisions for employees affected by domestic or family violence. This is dealt with on a case-by-case basis as part of any EBA negotiations, and it's of no help to victims of domestic violence to suggest this support will be diminished. These claims are inaccurate, they are dishonest and they create unnecessary fear, particularly amongst those who are currently in this very difficult and very traumatic situation. Agencies are strongly encouraged to use existing provisions to provide support for employees affected by family violence, and a number of Australian Public Service agreements contain specific references to domestic violence leave, which puts paid to the misrepresentations that are being forward in this motion.

The Fair Work Commission is currently hearing a case on the inclusion of domestic violence leave in modern awards. The government's position is that it will consider the Fair Work Commission's decision once that is made. There has been a preliminary decision made on the ACTU's claim to have 10 days of paid family and domestic leave included in all modern awards. The Fair Work Commission decided not to grant the ACTU's claim for paid leave. It formed the preliminary view that employees have access to unpaid domestic and family violence leave, and they should also be able to access personal or carers leave for the purpose of taking family and domestic violence leave. It's important to point out that in the national employment standards of the Fair Work Act employees already have the right to request flexible working arrangements if they're 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 household member to recover from personal illness or injury, including as a result of domestic violence. And, frankly, these are some of the most generous provisions of any country in the world.

I would like to return to some of the really significant recommendations that we have made as a parliamentary committee, and I'm absolutely delighted to see that the new Attorney-General has already said that a key focus of his work in his role as Attorney-General is to tackle some of the terrible delays that we have seen in the Family Court system, particularly for those seeking justice as a result of being a victim of family violence. We've made very important recommendations to tackle these delays, by simplifying procedures and abolishing the presumption of shared equal parental responsibility, to ensure that family violence allegations are heard at the earliest possible time, which gives justice to victims and also to those who are falsely accused of family violence, as well as introducing measures that provide greater access to justice. I commend our report, and I do not agree with this motion. (Time expired)

Emma Husar (Lindsay, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the importance of this motion that one-in-three Australian women living in the electorates of everyone in this place has experienced physical violence since the age of 15. Of those victims, two-thirds are in paid employment, smashing the myth that domestic violence only occurs in disadvantaged households. I stand here as testament that it happens in every kind of household this country offers. Seventy-five per cent of us survivors have a job. The scourge of domestic violence is a national crisis and a national humiliation that continues to undermine our values and ambitions as Australians.

We are well aware of the shocking statistics that represent the violence that befalls too many women and children in this country. It creates long-term harm and consequences for the victims, the families and our society. I am proud to support this motion and Labor's policy of 10 days paid leave for victims of domestic violence. This is something long fought for by the front-line workers who are helping survivors step through this process. I condemn this woeful government for not acting in the best interests of survivors and their children. I note the member for Corangamite's very brazen statement: 'We've made these recommendations.' Well, I say: put them into place then. If you are so proud of your recommendations, do something about them. Have the courage to do something about them. The inclusion of 10 days paid domestic leave is exactly the kind of courage that we need for those people who find themselves in a situation outside of their control. It will save lives and change the story for people for whom saying 'I love you' was their only mistake.

Only Labor recognise the importance and the need to improve workplaces, and we've been doing it throughout our whole existence. The Prime Minister and those with whom he serves only care about improvements to the bottom lines of their big donor mates and the big end of town. Let's be clear: the cost of 10 days paid DV leave in the National Employment Standards is just 5c per day, per worker—about $9 to $12 per year. It's hardly going to dent the value of the shareholdings at Goldman Sachs. The PM cowers from the real reform that would jeopardise their big business pals, who see this as a cost burden to their bottom lines and not a lifeline to the one-in-three women who deserve it. That is evident here today when those opposite could only scrape together a single speaker to hustle their point—one member of the LNP to defend their weak-as-water position. It is easier for them to pin on a white ribbon and show faux empathy for the women who need real action and meaningful change.

In case there was any misunderstanding about why this need is so important, let's paint a picture. A victim of domestic violence is not sick. She doesn't need to take her sick leave. They're not taking a holiday, so annual leave certainly doesn't apply. And they're not grieving, so bereavement leave isn't what they need either. They are meeting with police, giving statements and providing evidence—specialist police who work the hours of nine to five. They are seeing their children's schoolteachers and meeting with counsellors to ensure their children's lives aren't unexplainably disrupted—schools that work the hours of nine to three. They are making arrangements for their children to move schools and start safely in another location. They are viewing new accommodation options for themselves with real estate agents who work nine to five. They are meeting with tradespeople at their homes to upgrade security, such as locks, or implement more security options—tradespeople who work regular hours. They are seeing their caseworkers, preparing for court attendance and making safety plans—caseworkers who work nine to five. They are attending appointments with lawyers to ensure their children are kept safe during this period of disruption—lawyers who work nine to five. Then, when all the mechanical things are taken care of, these survivors then attempt appointments of their own: psychologists, doctors, forensic evidence documenters—all who work the hours of nine to five.

Bearing all that in mind, without access to paid leave—like the 10 days we seek—a woman would have to face the prospect of doing this with some other leave entitlement, to hide the truth of her situation from her colleagues or superiors, keeping the shame game alive and telling society that this should still happen behind closed doors, to rely on the goodwill of a generous boss or—the worst scenario of all, that we all should be ashamed of—to stay in the relationship because the burden of trying to do all this unsupported financially is too overwhelming. We need to ensure that we are supporting those who need it but also that we are sending a message to our communities, to our workplaces and to our society at large that we no longer accept the violence that happens. This would be one clear indicator of that. The workplace entitlement would be available to all employees if they or an immediate family member had experienced family or domestic violence. As Bill Shorten has said, we recognise the need to improve workplace support for survivors of domestic violence. I support this motion and I encourage those on the other side to do the same.

Julia Banks (Chisholm, Liberal Party) Share this | Link to 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.

Cathy O'Toole (Herbert, Australian Labor Party) Share this | Link to this | Hansard source

I rise in this place to support this motion because the facts and statistics regarding domestic and family violence are truly devastating, and they remind us that this issue is real and, unfortunately, rife across our nation. It is a national shame that one in three Australian women has experienced physical violence since the age of 15. It is a national shame that a woman is killed by her partner, ex-partner or a family member every week in Australia. It is a national shame that domestic and family violence is the principal cause of homelessness for women and their children. It is a national shame that Indigenous women and girls are 35 times more likely than the wider female population to be hospitalised due to domestic and family violence. It is also a national shame that one in four children is exposed to domestic violence. And it is also a national, state and local government shame that has an impact in my electorate of Herbert, as we have the second-highest number of domestic and family violence reports in the state per capita, according to police statistics. These statistics must send a very loud and clear message to all elected members that we must act on this issue, and the time to act is right now.

There are so many organisations in the electorate of Herbert that are collaborating and working hard to address this urgent issue. The Townsville Women's Centre works incredibly hard in this space, as do our specialist community legal services, as they are often the only and last hope for a number of women experiencing domestic and family violence every day.

Sera's Women's Shelter also works very hard to support women and children who are seeking shelter urgently by providing them with a much-needed roof over their heads.

Last week, the 3rd Combat Signal Regiment Army unit announced their partnership with the North Queensland charity Sky Foundation to help raise awareness and funds for women's support services. The Sky Foundation was established in November 2013 when the founding members became aware that the Townsville Women's Centre was struggling to meet the ever-increasing demands for help, and support from the 3rd Combat Signal Regiment has been greatly welcomed and appreciated.

Then there's James Cook University, which has developed a unique program that ensures that dentistry graduates are trained to recognise the signs of family and domestic violence. This program was developed by the College of Medicine and Dentistry, James Cook University social work academics and the Cairns domestic violence service. More than 200 dentistry students now practise in this educational program annually, which covers educational sessions such as role-play scenarios, non-verbal cues, promoting honest conversations and researching the prevalence of domestic and family violence.

Then there's the work that is done by the North Queensland Women's Legal Service, who last financial year provided more than 6,000 legal services and have provided more than 75,000 legal services since opening in 1996. Even though this is a large amount of support from this service, the demand for the North Queensland Women's Legal Service 1800 phone line continues to grow. Last year, for every call answered, eight calls went unanswered. I really want to reiterate the point: for every call answered, eight calls go unanswered. That is on-the-ground support which can't be provided due to this skyrocketing issue. This alone is evidence of a serious demand for domestic violence support services and of how much more needs to be done for those eight calls that are unanswered—and often these women may be at work.

These are just some of the organisations that are working on the ground to address this issue.

We need to support all Australians who are experiencing the devastation of domestic and family violence, and the government has a significant role to play in this matter. Not only should we be providing support to on-the-ground services, but we should also legislate support for those experiencing domestic and family violence in terms of leave. I am proud to be a member of the Labor caucus, because we recognise the immediate need for, and are committed to legislating, 10 days of paid family and domestic violence leave for all workers.

The Turnbull government has to do much more than simply deliver speeches and attend breakfasts. They must do better than simply wear badges, because the shocking and devastating reality in Australia is that for every week no action is taken a woman is killed by her partner or ex-partner or a family member. Paid domestic violence leave should have bipartisan support. I call on the Turnbull government to support 10 days of paid domestic leave for all workers.

Joanne Ryan (Lalor, Australian Labor Party) Share this | Link to this | Hansard source

I rise today to commend this motion to the House. I thank the member for Newcastle for putting the motion. I note that we've had two speakers from the government: the member for Chisholm and the member for Corangamite. I don't think it's a coincidence that both those members opposite who chose to speak are from Victoria. I think it's a credit to the royal commission. It's in response to the heightened awareness in Victoria, as a result of that royal commission, that all members of this parliament from Victoria are acutely aware of the social, the emotional and, of course, the economic cost of domestic violence in our community.

We measure, in this country, what we care about. We do it to enable us to have a clear view of the issue and the impacts of any interventions or mitigating factors that government might put in place. Domestic violence leave, therefore, is something that would allow us to measure. In the first instance it would allow us to track the number of workers in the workforce requiring leave as a result of experiencing domestic violence. This, for me, is the critical point. Yes, we want domestic violence leave to support those people and to give them the leave they need to deal with the crisis occurring in their lives at that point in time. We want to do it for all of those reasons, but I think, importantly, we also want to do it to ensure that we have a system that is tracking the economic impact of domestic violence, because, as all of the women on this side of the room know, it often takes an economic argument to get action. Introducing domestic violence leave would give us a trigger that would allow us to measure the impact of domestic violence on our businesses. The reason we measure what we care about is that we need to measure the economic impact. If we care about decreasing incidence of domestic violence, we will implement paid domestic violence leave.

Late last year, campaigners from the Australian Council of Trade Unions campaigned strongly for paid domestic violence leave. From an economic perspective, the ACTU claimed that the reform would cost just 5c per employee. Let me be clear: when it comes to the welfare of workers in our society, we should never just be justifying a policy on how little impact it will have on business. However, it helps if we can clearly see that it's a minimal cost for a maximum outcome for those victims of domestic violence. It would allow us to measure the impacts, and it would allow us to study the who, the where, the when and the why through that lens. That would allow us to have a look at the answers that might be able to be put in place, either in protective behaviours or in terms of prevention.

We can look to carers leave as an example of an entitlement incorporated under the National Employment Standards which affords workers with paid leave the time to deal with caring responsibilities. I know that I was in sitting in the principal's chair in a school when carers leave was introduced in Victoria. It gave us, as an education community, great insight into the work that our workforce was doing, unpaid and out of hours, in caring for parents and caring for children. It gave us really good data to help us prepare to support those people in the workplace.

I would argue that this is an extension of that same process. Introducing domestic violence leave would give us insight into where it's happening, when it is happening, why it's happening and who the perpetrators are, but it would also give a level of support to those victims of domestic violence during that crisis. If you think about the processes that are put in place around domestic violence, if you think about being someone who is employed—we know that two-thirds of the victims of domestic violence are in full-time work—first that person needs to get their personal issues in order and find someone to care for the children, then they have to go through an intake process and then referrals to support services. They need the time to do that. They need to have that time without having to lie to an employer about what they're doing. I commend this to the House and I condemn the government for not taking the initiative to implement this.

Emma McBride (Dobell, Australian Labor Party) Share this | Link to this | Hansard source

I rise today to speak about family violence, and I thank the honourable member for the chance to speak about this epidemic. Today I am speaking on behalf of a woman whom I met and spoke with only last week about her own experience fleeing from family violence. Unfortunately I am all too aware of how widespread and devastating this problem is for our society, as parts of my electorate are on the wrong end of family violence statistics. According to New South Wales Police, areas on the Central Coast, including Wyong, where I grew up, have consistently higher-than-average incidences of family violence than many other areas of the state. That is one of the reasons I need to speak today.

It has become obvious that any effective approach to addressing family violence must be multifaceted, holistic and led by the federal government. We know that family violence has a wide range of contributing factors, including but not limited to gambling, alcohol and drug dependency, education, lack of options for victims, ineffective legal systems and an unfair stigma around survivors and whistleblowers. It is against this backdrop that I acknowledge Wyong's Woman of the Year, Danielle Habib. Danielle has not just worked for women in the community through organisations like White Ribbon, the Central Coast Domestic Violence Committee and the Central Coast Community Women's Health Centre but taken this work into migrant communities that are often difficult to access for health professionals and police. I thank her for her work and note that we can all look to women like Danielle across our communities in Australia who are the front line in addressing family violence.

In my local community we also have a number of organisations that work to protect and further the rights of victims. I draw attention to the work of the Central Coast Domestic Violence Committee in coordinating these efforts. However, this government is failing to adequately support family violence groups and survivors throughout Australia. A lack of both policy initiative and funding is costing lives and endangering people at risk every day. The Rondeley Program, part of Coast Shelter in my electorate of Dobell, provides critical support for women and children fleeing family violence but is limited by lack of funds and facilities. Last week I had the opportunity to meet with Nicole, the program manager of their domestic violence response enhancement project. Nicole told me of the women and families they support and the many more people in need they can't help, because the service is already overstretched and overworked. They worked with over 600 women and children last year alone and have formed a well-respected network with local law enforcement and community groups. They need funding to extend this work. They also look to government to put in place policies that let them do their best work, and that is what Labor would like to make happen.

Labor believes in working constantly with groups like this to help to improve the lives of those escaping dangerous situations and in showing leadership by putting in place national policies that address family violence. When Gough Whitlam introduced the single mothers pension in 1973, it didn't just support vulnerable families; it gave women threatened by family violence the chance to leave without the fear of not being able to provide for their children. This is one example in a proud Labor history of advancing women's rights in overcoming family violence. I am proud that I can stand here with my colleagues today to discuss the next step of this continuing campaign to protect women, children and victims of family violence across Australia.

On too many occasions I have met with desperate victims seeking help without having the necessary tools to support them, from my days as a mental health professional to now as a local MP. It is frustrating that we are rarely given an opportunity to make a serious difference in this area. We don't have the tools. That is why I was relieved to hear that Labor, if elected, will be implementing a mandatory period of 10 days family violence leave. Any reasonable person knows that if you are fleeing from a violent home, particularly with children, it would be near impossible for you to go to work. The woman whom I met last week was in exactly that situation. She had a young child and was trying to find rental accommodation while trying to maintain her work. Between police stations, courthouses, real estate agents, counselling and countless other steps people must take when removing themselves from such dangerous circumstances, it is simply not fair for them to have their employment jeopardised.

Labor is not the only institution in Australia to recognise this. I want to take this chance to commend some of our business leaders on already implementing family violence leave of 10 days or often more. More than one million Australian workers at companies like Telstra, Qantas and Virgin can already be confident that, should their world be turned upside down by family violence, their jobs will be safe and they will have time to focus on their and their family's safety.

I'm really seeking support for this, as I said, as a mental health worker, a pharmacist and as a local MP. This must change.

Ian Goodenough (Moore, Liberal Party) Share this | Link to this | Hansard source

There being no further speakers, the debate is adjourned and the resumption will be made an order of the day for the next sitting.