Dorinda Cox (WA, Australian Greens) Share this | Hansard source

I rise to speak on the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022. I want to acknowledge every Australian woman who has ever left a violent relationship and add my voice to this important issue that affects so many, too many in fact, as we heard by women even in this chamber yesterday—and thank you to Senator Green in particular for sharing her story, which is similar to mine and to many other women other women and children who are exposed to violence in their homes and in their communities.

This bill makes some changes that seem very simple. It increases family and domestic violence leave from five days unpaid to 10 days paid, regardless if you are full-time, part-time of a casual worker, and extends the definition of family and domestic violence. But make no mistake, these changes will have an enormous impact on those who need it. Many people who are victim survivors of family and domestic violence may not be able to afford to take five days of unpaid leave. They might be in a relationship, be single parents, or suffering from an abusive ex, family member or current partner, and, in First Nations communities, this also extends to our kinship groups. We do not consider ourselves in isolation but as members of a wider kinship group or community, where violence can be experienced and the impact of that is far reaching.

The truth is there are many ways family and domestic violence can take place and no instances are the same. For First Nations women, we know that the statistics are vastly different. We are 35 times more likely to experience domestic violence, and the cost of that is actually $2.2 billion per year. Before entering this parliament, I worked in the women's sector and, indeed, after that, I have heard from numerous forums and first-hand from women across the country who have told me about the barriers to escaping violence and the immediate impact on their participation in the workforce. They include accessing crisis services, accommodation, legal services and health and medical services.

The indirect psychological impacts incurred by women and children of that violence include pain, fear and suffering. Replacing damaged household items and school equipment, changing schools and the settlement of a partner's bad debt not only take time but carry a cost. The cost is not counted. We should also extend that to the cost of loss of opportunity, loss of employment and promotion opportunities, and the loss of quality of life due to being in or leaving a violent relationship.

I'm a member of the Senate inquiry into missing and murdered First Nations women and children, and we've heard just this week that particularly First Nations women are up to 12 times more likely to be murdered, which means they're disproportionally overrepresented compared to other Australian women. Violence against First Nations women is significantly underreported and underpoliced, carrying a range of issues for participating in those legal processes, which also makes the evidentiary requirements for proof of violence occurring as one of the biggest barriers to accessing their leave entitlements.

Whilst this bill will save lives by providing a circuit breaker in the system for women's safety, we know that, on top of all the other challenges in reducing gender based violence, there are still racial biases that must be dismantled and culturally appropriate measures to be taken before First Nations women will actually not be at a higher risk but also to make workplaces safe places to disclose. The Greens have moved several amendments to this bill, the first to broaden the definition of 'family and domestic violence' for further clarity and to ensure that victims-survivors get the support that they actually need. The second allows for up to four days of unpaid leave to be taken on top of the 10 days of paid leave. This acknowledges that 10 days might actually not be enough, and indeed it is best practice that the minimum standard be 14 days, which my colleague Senator Waters has outlined. Finally, there's an amendment to insert a provision into the Fair Work Act that makes experiencing or having experienced family and domestic violence a protected attribute, which will help prevent potential workplace discrimination against an employee who discloses their situation.

In fact, all of these amendments have been called for by stakeholders, and I want to acknowledge the work of Senator Waters, as our portfolio holder, through the inquiry into this bill. We need to listen to the experts in this area about what's needed to end family and domestic violence. In my concluding remarks I want to say that paid family and domestic violence leave will help victims-survivors to leave potentially violent and abusive situations, but we also need to address the causal factors of this. We need to address the intergenerational trauma that people are carrying with them as survivors of family and domestic violence.

As a mother of two daughters these are important issues that require specific targeted resources to help heal and prevent violence experienced by women but also the impact on their children. Girls need an opportunity to thrive in the future. We need to address the underlying factors that lead to this abuse. We need to educate people about what respectful relationships look like. We need to address poverty and access to basic necessities, such as housing, which play a pivotal role in reducing violence in our communities. It is, in fact, our job in this place to ensure that we use our political will and our capital to make those life-altering changes to preserve, value and respect the lives of women.

In First Nations communities across this country we continue to ask questions like: how many more of our women, who are mothers and grandmothers, must die before our efforts in this place are clearly just not enough? Until we show the courage and the bravery that we applaud in our victims-survivors to address the underlying causes of gender based violence very little will change. All too often, under the current scheme, people are forced to choose between their job, their income and their safety, and this is not a choice that anyone should have to make.