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The government recently announced a $925.2 million investment over the next five years to establish the Leaving Violence Program in a bid to combat family and domestic violence (FDV) across Australia. Some argue that this initiative falls short, which is where workplaces can pick up the slack.
Under this new initiative, victims of FDV can access a financial support package of up to $1,500 in cash and up to $3,500 in goods and services, as well as safety planning, risk assessment and referrals to other essential services for up to 12 weeks. This is all a part of the government’s $2.3 billion campaign to help address violence against women.
“The heartbreaking reality is that there is no overnight solution to violence against women and children. My government is absolutely committed to making progress to end family, domestic and sexual violence in one generation through our National Plan,” Prime Minister Anthony Albanese said.
“[This] announcement builds on our efforts to ensure fewer women feel trapped in a violent relationship because they don’t know if they can afford to leave.”
More to be done
The stark reality is that in Australia, women are murdered every four days. Meanwhile, women are far more likely to become victims of violence from someone they know rather than a stranger. This highlights just how imperative government intervention is on this issue.
Now, ASPL Group is calling for better protections and true prevention rather than what it calls a “reactive response”.
“Specifically, we call out the government to work with the sector and community to demolish and rebuild government systems and structures that currently focus attention on the person who has been abused rather than hold the abuser accountable,” ASPL Group said.
“This has been a central point of much advocacy and discussion for many years, however, continues to be ignored. A multimillion-dollar investment in this space could contemporise system responses to men who use violence to be more appropriate to the here and now. It is important to note that these current systems can and are being manipulated and act as apparatus for which perpetrators of violence can continue to enact forms of violence.”
The move towards a more comprehensive prevention and protection strategy could stamp out issues before they’re allowed to manifest.
Sophie McCashin, lead consultant ASPL Group and 15 years of industry experience in DFSV response, said: “The stark reality is women and children are not safe – one in four women have experienced violence, emotional abuse, or economic abuse by a cohabitating partner since the age of 15. Aboriginal and Torres Strait Islander women experience disproportionally high rates of violence and are 31 times more likely to be hospitalised due to family violence-related assaults. In 2022–23, 72 children who died were known to Child Safety.”
“Prevention strategies must include education, awareness campaigns, and initiatives aimed at challenging harmful attitudes and behaviours. By addressing the root causes of gender-based violence and designing systems so that there is increased accountability for men and individuals who choose to use violence, we can create a society where abuse is not tolerated or accepted. Evidence-based frameworks like Change the Story, targets the underlying societal conditions that breed and perpetuate violence, tackling attitudes, norms, and power imbalances across the population.”
Where employers can assist
In instances like this, where there is contention as to whether government initiatives are up to scratch, employers can help alleviate some of the burden by providing support for workers.
Stephen Roebuck, associate director of advice and consultancy at Employsure, said the obligations employers have to protect staff and how often FDV falls under their duty of care.
“There are a number of obligations employers need to be mindful of in supporting staff through family and domestic violence. Employers have an obligation under WHS laws to provide their employees with a safe system of work. This applies proactively, and should be considered on an ongoing basis, not just as a reaction to an incident. This extends to ensuring that employees aren’t at risk of harm or injury in the workplace, including in relation to family and domestic violence (FDV) matters,” Roebuck said.
“If you become aware of FDV as an employer, you should conduct a risk assessment and introduce appropriate control measures to eliminate or reduce risk of an incident occurring in the workplace. This might include changing work locations, a temporary change in roles for the affected employee, access to leave entitlements or other solutions. It may also, in some circumstances, extend to reporting the matter to police if you believe there is a real and immediate risk to the safety of the employee, or that a crime has occurred such as assault.”
There are legal entitlements that protect employees, and employers must be aware of these in order to carry out their jobs effectively.
“Under the Fair Work Act, all employees, including casual employees, have an entitlement to 10 days of paid family and domestic violence leave each year. This leave can be taken if the employee is experiencing FDV and they need to do something to deal with the impact of FDV and it is impractical to do that thing outside of work hours – for example, attending hearings, accessing police services, arranging for the safety of another person, accessing counselling or other appointments,” Roebuck said.
“Do not share information concerning FDV or about the employee with anyone other than as authorised or required under law to protect their health and safety. An employee may choose not to disclose anything, and that is their right. However, it’s important that you let them know that they can advise the business if they have a need to access leave entitlements.”
In the age of remote and hybrid work, obligations have shifted, and an employer’s duty of care may now extend further than it has previously.
“If an employee works from home, an employer’s duty of care extends there. Coercive control and isolation can be classed as violence, which is a higher risk for remote and hybrid employees experiencing FDV who don’t leave the house to go to work. If an employee is being threatened with or experiences violence while they are working at home, it becomes an employer’s responsibility to provide support and to help prevent it,” Roebuck said.
“Employers should assess the risk of home working – a home working checklist is a great start and can be used to collaborate with staff on anything that might impact safety at home. In a remote or hybrid working arrangement, it is wise to develop an action plan in the case of an employee being uncontactable for an agreed period. Work devices such as mobiles and laptops may also provide an added layer of privacy and security.”
To avoid putting employees at risk of harm and protect organisations legally, having safeguards in place that ensure compliance is necessary.
Roebuck said: “Having policies about sexual harassment, FDV leave, discrimination and bullying is a crucial component of moving towards cultural change and ensuring any issues are dealt with correctly. A robust policy should help staff understand what FDV is, what the employer can and is legally obliged to do to support an employee and what an employee can do to access this support. For example, who should an employee speak to within your business to raise the issue?”
“Training staff, including managers, on how to apply these policies is crucial. That could include soft skills training in how to deal with the handling of an FDV matter as well as practical training on what to do next if FDV is raised. It could also include general educational training to all staff on FDV to raise awareness on how an employer can support their employees.”
As listed by Roebuck, some ways employers can provide additional support to employees experiencing domestic violence include:
- Access to additional paid or unpaid leave, cashing out of annual leave or leave in advance depending on the applicable Award.
- Financial assistance with cost-of-living pressures, like paying salary in advance.
- Assistance with access to accommodation, appointments, or services beyond the requirements of the Fair Work Act.
- Helping them work out transport arrangements, including carpooling and using procedures when closing and opening premises to reduce the risk of an incident.
- Providing other assistance like food or vouchers in lieu of money to avoid coercive control activities.
- Making temporary adjustments to hours of work or location of work.
Getting FDV protection wrong can be fatal. Furthermore, the legal risk is significant. Do the right thing and always be prepared for the worst. It could save someone’s life.
“Beyond the ramifications of breaching your workplace legislative obligations, it’s important to remember that discussing these issues outside of a private and confidential space may not only damage your relationship with an employee – it could also expose them to further harm or repercussions,” Roebuck said.
“Speaking about issues of FDV with your employees doesn’t fix them, but it might be the difference between someone choosing to come forward or suffer in silence.”
Jack Campbell
Jack is the editor at HR Leader.
