Meryl Swanson (Paterson, Australian Labor Party) Share this | Link to this | Hansard source

SWANSON () (): I move:

That this House notes that:

(1) the Government is committed to taking real action to end family and domestic violence;

(2) women experiencing domestic violence should never have to choose between their safety and their wages;

(3) the Government will introduce the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 which will provide workers with ten days of paid leave to deal with the impacts of family and domestic violence, including for casuals; and

(4) this entitlement will be enshrined in the national employment standards, covering up to 11 million employees, and it will be a lifeline for workers, allowing them to take necessary steps to stay safe, while retaining their jobs and their income.

It is a national scourge that, on average, one woman dies every 10 days in Australia at the hand of their current or former intimate partner. We can't shy away from this reality in Australia today. It is unacceptable, it is despicable and it is to the shame of all of us.

We must work together to cease this terrible violence. The Albanese Labor government isn't wasting a minute, and we are taking action to tackle the barriers that prevent people from fleeing. It's not a matter of 'Where would she or he go?' or 'Why don't they just get out?' as we've often heard said. How do they do that? This is about the how. We can all walk a mile in someone's moccasins and say, 'Well, if that were me, I'd be gone.' You know what? The practicalities of that actual going can be so difficult and can be so fraught that people are in some way happier and masked in trying to keep their lives cobbled together and trying just put up with what's happening, rather than having another mountain to overcome and trying to stay safe. That's just one of the thought processes that people have.

Families across Australia now have a government that get it. They now have a government that's listening and working and taking swift action to ensure that the change that's necessary to help them get out of those violent situations is happening, not only for them at a personal level but also at a professional level, at the workplace. We are prioritising this important legislation to increase paid leave for family and domestic violence. We made a promise to the Australian people, and we're making good on that promise.

Professionals across the community sector have long said that removing the barriers faced by those escaping violence is actually the key to ending the loss of life. Access to paid family and domestic leave, provided for in our legislation, will also positively engage the rights of women not to be discriminated against based on gender. This legislation is going to provide financial support to assist employees to manage the consequences of family and domestic violence. The retention of your job is an essential pathway out of violent relationships, and sustained periods of employment can provide financial security, as well as independence and social networks that increase self-esteem and really help people that are caught in these dreadful situations.

We want to make it not only easier but better all round. Where an employee would not otherwise have access to a leave entitlement to engage in these processes, the entitlement provided for in the fair work amendment will assist these employees by retaining employment and financial and personal benefits that come with that employment, particularly during these difficult times. We don't want to see another generation of men and women losing their lives through this kind of violence, and we want to support the employers too to see that it ends.

Mike Freelander (Macarthur, Australian Labor Party) Share this | Link to this | Hansard source

Is the motion seconded?

Kristy McBain (Eden-Monaro, Australian Labor Party, Minister for Regional Development, Local Government and Territories) Share this | Link to this | Hansard source

I second the motion and reserve my right to speak.

James Stevens (Sturt, Liberal Party) Share this | Link to this | Hansard source

I rise to support the motion and thank the member for moving the motion and giving us the opportunity to address this very important issue in our country. Family and domestic violence is absolutely abhorrent. The statistics are terrible. The mover mentioned one of those statistics, which probably is the worst, that every 10 days someone loses their life at the hands of a current or former partner in this nation. That is absolutely atrocious, and we should take every opportunity in this place to do anything we can to assist to change that statistic for the better. I fear that, although we do have good data in this area in modern times, this is a problem that goes back throughout the history of humankind. It's good that we at least live in an era where we discuss this topic much more than we did in decades gone by. Whilst it is absolutely horrendous to see coverage of these matters in the media and to see the pain, torment and abuse, physical and emotional, that people are going through in a family and domestic circumstance, at least by hearing about it we are aware of it much more than we were in the past, and it motivates us to look for every opportunity imaginable to alleviate it and to protect people that are in that terrible circumstance. The principle of paid family and domestic violence leave is one that I support and that I'm sure everyone in this parliament supports comprehensively.

Clearly, there has been an evolution in this policy area. It was back in 2018 that the former government moved amendments to the Fair Work Act under the National Employment Standards to bring in unpaid family and domestic violence leave. That was in similar circumstances to where we are right now, where there was a Fair Work Commission decision, which was relevant to people on an award. With the making of that decision, from an equity point of view it would have been ridiculous that the principle of leave for family and domestic violence would only be relevant to the type of employment condition that you were engaged on—that is, being on an award rather than those that perhaps were employed under collective bargaining. The principle shouldn't be different for anyone. The previous coalition government therefore legislated in late 2018. Equally, we had a decision of the Fair Work Commission in May of this year to extend that, to evolve that further, to bring in place now, instead of unpaid leave for five days, paid leave for 10 days. My understanding of the bill that the government has introduced will do much like what we did back in 2018 and take a Fair Work Commission decision and ensure that it applies to everyone, not just those that the Fair Work Commission is in a position to provide that entitlement to. When the bill comes before the House again, and once we've had the opportunity to do appropriate consultation and understand all the detail, I look forward to us engaging in that legislative reform.

But this motion certainly gives us a chance to reinforce how significant and important it is to be discussing this issue. Although it is sometimes emotional and painful, because we're talking about people that are in a terrible circumstance in their domestic environment and we're talking about statistics that we want to change for the better, this is an area which does give us an opportunity to keep progressing the way in which we can support people that are in such a terrible circumstance to get out of that circumstance. It is in the broader area of financial support that we need to do more for victims in this area, because all of us as members of parliament have particular interactions with constituents who have been or are in a circumstance where they can't escape their situation for financial reasons. Providing people with the ability to take leave without a financial penalty on them or any other employment penalty because of the conditions that they're employed under, and correcting it for those that do not have this right, is a very important thing to do. It's one of many things that I'm sure we'll be looking to do into the future. This is a clear opportunity for us, and I look forward to seeing it become a reality very shortly.

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

On Thursday morning this week I joined a rally of extraordinary women who have been at the forefront of the advocacy for women's safety in this nation. We gathered to commemorate women who were killed through acts of family and domestic violence, and to acknowledge those still trapped in violent homes. We also marked our new Labor government's introduction of legislation that will give around 11 million workers including casuals access to 10 days paid domestic and family violence leave. This legislation will mean that survivors of domestic violence will no longer be forced into the hideous situation where they choose between losing their jobs or escaping violence.

As Michele O'Neil, President of the ACTU, said at the rally 'this isn't something that began yesterday; this is a decade of struggle', a decade of campaigning, workplace from workplace and indeed in this building. As I walked back to place after that rally with my dear friend and colleague the member for Sydney, we reminisced about those very first meetings a decade ago we took with the ASU New South Wales secretary Natalie Lang and her extraordinarily courageous delegates who came to this House, along with researchers who were able to prosecute for the case for this paid domestic violence leave and the impact this policy shift would have. While advocates faced constant opposition from the former coalition government at that time, I am so heartened that the Anthony Albanese Labor government introduced this bill in the very first week of this new parliament to make this issue front and centre.

Report after report have revealed the devastating and endemic nature of domestic violence. It is not an unfortunate circumstance; it is a national shame. Just last month a report from the Paul Ramsay Foundation authored by Anne Summers revealed that 60 per cent of single mothers have experienced domestic violence. The same report also set out the immense financial challenges women face when leaving violent homes. This reflects what I hear in my electorate of Newcastle from our women's groups and from those victims and survivors, like the single mother who shared her experience of surviving and escaping domestic violence. Along with many others over my time, she wanted to share her story with me to highlight just how incredibly difficult it is to navigate your way through this process, and economic security was absolutely crucial for her in order to keep herself and her kids safe. She had used all of her personal and annual leave. She found it almost impossible to get to all of the appointments she needed to try and sort out housing, to get her kids into new schools. The perpetrator of the violence kept following her around, so she had to continuously be on the move. She had appointments with the police, she had to access support, all of this while trying desperately not to lose her job and the economic security that was going to enable her to actually set up a new safe environment for her and her kids. She isn't alone, and this is a story that I and my office hear time and time again. That is why it is crucial Labor has introduced this bill to cover all workers. Women should not be disadvantaged simply because they are casual workers. We know that women are far more likely to be in casual work than men, and this leave will give all workers the time, the support and the job security that they need to escape and to rebuild their lives after an abusive relationship.

The mood amongst the rally last Thursday differed vastly to when I was on those same lawns just last March with many of the same woman demanding justice and equality from the previous government. For starters, our new Prime Minister attended last week's rally. He addressed the vigil. He paid tribute to the women and the union movement behind this policy coming to reality. I thank him, as do all Australian women, for his leadership in this role. Getting out of a violent situation is always a hard thing to do but it is going to be less likely that you will be left jobless or without economic security due to the introduction of these laws into the Australian parliament.

Jenny Ware (Hughes, Liberal Party) Share this | Link to this | Hansard source

I rise to support the motion currently before this House that notes the government's commitment to provide workers, including casual workers, with 10 days of paid leave to deal with the impacts of family and domestic violence. This parliament needs to move quickly to address the scourge that is domestic and family violence within our country. I've held women's roundtables and met with our local police, so I know it is also a scourge that affects my electorate of Hughes. To that end, I support this motion and I support the legislation. We need to acknowledge that the former coalition government, in December 2018, passed legislation that enshrined five days unpaid family and domestic violence leave into the Fair Work Act's National Employment Standards. This motion is supported, as it notes that the government is committed to providing many other Australian workers with 10 days paid leave.

Most of the victims of domestic violence in our country are women, often women with children. It is almost impossible for women with children impacted by violence within their own home—they need some financial support at the beginning to be able to move out of the circle that is domestic violence. This legislation will support some of the victims to be able to start to make that move.

I would like to acknowledge that the coalition did, over a period of nine years, invest over $2 billion in women's safety, including a record $1.1 billion in the last budget to respond to violence against women. However, clearly there has not been enough done, and this legislation will assist some of the more vulnerable victims to be able to move out from a violent situation. This is said in a context where I've met with women's groups, local lawyers and local police. Women should not be penalised further financially, often with the threat of losing their job, because they are seeking to move themselves and/or their children away from a violent home life. The legislation referred to in this motion, the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022, would see the entitlement enshrined in National Employment Standards, which cover up to 11 million employees. This is a good step forward and is based on the initial work done by the former coalition government.

As a parliament, we need to demonstrate that we have zero tolerance for family violence and recognise that there is a need for specialised legal and other joined-up services for those dealing with family separation, divorce and family violence. Family separation and divorce are two of the most difficult events that people will encounter in their lives, and they're also a time when family violence can escalate and place victims at increased risk of harm. If we can provide those victims with an opportunity to take some paid leave at a time when it's desperately needed, this will be the first step for many of our victims to be able to move away from the scourge that is family and domestic violence within their own home. Women experiencing domestic violence should never have to choose between their safety and their wages. They'll often need assistance to make that first step to escape from that violence. I commend this motion, on the basis that the legislation it refers to will assist those victims.

Mike Freelander (Macarthur, Australian Labor Party) Share this | Link to this | Hansard source

I thank the member for Hughes. I never thought I'd be able to enjoy a speech from the member for Hughes again, but I did enjoy that one!

Luke Gosling (Solomon, Australian Labor Party) Share this | Link to this | Hansard source

Two weeks ago a 30-year-old woman known as AK, and her 14-week-old baby, were found dead at a central Australian outstation. A gun and the body of AK's partner were found nearby, and NT police are investigating the murder-suicide. It was a devastating discovery for AK's family, her surviving children and our NT community. It's also devastating how little media attention the deaths have attracted. We as a nation haven't publicly grieved them the way we have grieved other victims, and that's worth reflecting on. Every woman's life and every child's life should be treated with value. Such deaths cannot continue to fly under the radar, and violence must be held to account. First Nations women in Australia experience some of the highest rates of violence of any population in the world. It accounts for three out of five calls NT police receive.

Of course, this isn't an issue just to do with First Nations communities. Nationally, one woman dies every week or so at the hands of her former or current partner. We obviously need to do better. We must do better to protect women and children and to stop violence from occurring in the first place. I was proud to secure an election commitment for $3.2 million in funding for DV providers in my electorate, and I look forward to working with the NT government, Dawn House and the Darwin Aboriginal and Islander Women's Shelter, DAIWS, to deliver funding to provide more safe accommodation for women and children fleeing danger at home.

Earlier this year I met with a number of Darwin groups that provide domestic and family violence support who are doing tremendous work under extremely difficult circumstances. They have told me repeatedly that the Territory is in dire need of needs based funding. Our violence prevention services cannot keep being funded on a per capita model when the rates of disadvantage, violence and abuse are so high. Our services are overstretched and underfunded. Only a needs based funding model will begin to tackle the crisis we have. I will continue to advocate for my friend and colleague Minister Rishworth to overhaul how funding for these services is allocated. I am proud to be part of a federal government that is committed to ending domestic and family violence.

A real impediment to women escaping is that they feel financially trapped, without the money to rent a house and to get set up or meet their kids' needs. They should never have to choose between their safety and their wages. That's why this government is ensuring that workers can access 10 days of paid leave in order to deal with the impact that violence is having on them and their families. The coverage of casual workers is important, as women experiencing such violence are often employed casually. They need this certainty. This will be a lifeline for so many, and it is long overdue. The government will also release our national plan to end violence against and children in October.

It is on all of us to confront and stamp out violence at every level. I commend the men in my electorate that are standing up against violence, including Charlie King and the Catholic education office in my electorate. Their message is simple: no more. I want to commend Charlie for something else, too—for pointing out that women do not have 'CU in the NT' stickers on their cars for a reason. That's because the slogan has a dark underbelly and is detested by many women. They know that for many they're the last words they hear before they are knocked unconscious or worse. No good man beats a woman. Not all family and domestic violence comes down to the man, but, for everyone, let's say, 'No more,' and work for a much safer community and country.

Debate adjourned.