Following is a high level comparison between employer obligations under the Domestic Violence – Victims Protection Act 2018 and other relevant legislation, and DVFREE recommendations.
For more detail about DVFREE recommendations, download the Guidelines for a DVFREE Workplace.
LEGAL REQUIREMENT
DVFREE RECOMMENDATIONS
10 days paid domestic violence leave per year
Domestic Violence - Victims Protection Act 2018:
- eligible after 6 months
- employer may require proof
DVFREE recommends:
- eligible from start of employment
- no requirement for proof
Flexible Working
Domestic Violence - Victims Protection Act 2018:
- for domestic violence related reasons, may request short term flexible work arrangements up to 2 months
- must request in writing
- employer must respond within 10 work days
- employer may require proof
- reasons for non-accommodation of requests limited to set criteria
Employment Relations Act 2000:
- may request flexible work arrangements (hours, days, or place of work) from first day of employment
- request may be for temporary change to terms and conditions of employment or a permanent change which may involve changing their employment agreement
- employer must respond as soon as possible, and not later than one month after receiving the request
- reasons for non-accommodation of requests limited to set criteria
DVFREE recommends:
- for domestic violence related reasons, may request flexible work arrangements for any length
- may request this by talking to a First Responder in the employer organisation
- employer must respond within 2 working days
- no requirement for proof
- requests to be accommodated if practically possible, for as long as required, especially for safety reasons
- for employees perpetrating domestic violence who want support to change, offer flexible working to enable attendance of specialist community non-violence programme
No Adverse Treatment
Domestic Violence – Victims Protection Act 2018 amended Human Rights Act 1993:
- employers may not discriminate against employees or job applicants on basis of believing employee affected by domestic violence
DVFREE recommends:
- same, stated clearly in staff policy
Workplace Safety
Health and Safety at Work Act 2015:
- employers must proactively identify risks to (physical and mental) health and safety and do what is reasonably practicable to eliminate or minimise risks.
- no specific requirement to identify or manage risks relating to staff affected by domestic violence
DVFREE recommends:
- employers proactively mitigate risks related to staff affected by domestic violence by following DVFREE recommendations for policy, procedures, information for staff, and training.
- for employees at risk of domestic violence during work, offer/provide comprehensive workplace safety planning
- consider disciplinary action for employees who perpetrate domestic violence using work time or resources
- follow up workplace incidents of domestic violence with offer to support victimised staff
Employee Privacy
Privacy Act 2020:
- personal information obtained for one purpose shall not be used for any other purpose unless necessary to prevent or lessen a serious threat to life or health
DVFREE recommends:
- ensure that employee information about a personal experience of domestic violence is kept private and confidential except when there is a serious threat to anyone’s safety. When risk is imminent, ring Police on 111 immediately.
- paid domestic violence leave to be recorded in a way that does not specify domestic violence and protects employee privacy
- any records relating to an employee’s experience of domestic violence (including related workplace incidents) to be stored securely with access limited to people who need to know
Other
DVFREE
See Guidelines to a DVFREE Workplace for additional recommendations