Senate debates

Wednesday, 26 October 2022

Bills

Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022; In Committee

11:56 am

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

I do have some answers to some of the questions that you've posed and I might just get some further advice on a couple of the other more specific aspects. What I'm advised is that, to access the leave entitlement under the Fair Work Act, an employee may take family and domestic violence leave only if they are experiencing family and domestic violence. The government is aware that some jurisdictions and organisations offer leave for perpetrators in certain circumstances. This is not the purpose of this bill, which is intended to aid those experiencing family and domestic violence to seek help and leave. The entitlement does not provide a benefit to those who perpetrate family and domestic violence, and it is the government's view that providing a universal national entitlement to this benefit would not be in line with community expectations.

I know there were a couple of additional questions. I'll see if I've got any further advice for you on those. What I'm advised in terms of the ability of employers to recoup leave that is, if you like, incorrectly paid to a perpetrator, is that there are existing provisions under the legislation to recoup payments and take other action for fraudulent claims. Those powers would exist in these circumstances as well. Does that cover off each of those questions?

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