Domestic leave laws not enough to keep women safe: advocates

The federal government introduced new laws to provide five days of unpaid domestic violence leave but some say this isn't enough to keep women safe.

A young Asian woman suffering from domestic violence stands alone in the bay window of her home. (Photo by In Pictures Ltd./Corbis via Getty Images)

The government has introduced new domestic violence laws. Source: Corbis Historical

Women won't have enough time and money to keep themselves and their family safe under the federal government's proposed five days of unpaid domestic violence leave, advocates have argued.

Minister for Women Kelly O'Dwyer introduced the legislation to parliament on Thursday.

"The scourge of family violence... causes great pain and anguish to those who experience it, their children and their loved ones," Ms O'Dwyer said.

"Too often it threatens workers' ability to hold down a job – to provide for themselves and their families, to participate fully in the workforce and to fulfil their potential."

The bill extends the decision of the Fair Work Commission in March 2018 to grant five days unpaid leave to employees covered by modern awards to all other employees covered by the Fair Work Act.
"This new legislation will see up to six million additional workers guaranteed access to this important, new workplace right without delay. All in all, eight million workers will have access to this new guarantee," Ms O'Dwyer said.

But the specifics of the announcement have already attracted backlash.

"Five days of unpaid is insufficient... The government should, at minimum, propose 10 days of paid leave," anti-domestic violence advocate Nina Funnell told SBS News.

Ms Funnell said paid leave was a "very simple, but very important and practical way" to "break the cycle" of domestic violence in Australia.

She said the temporary stability that comes with it would allow women to attend court, "get to safety" or "cope with the impacts of trauma".
"[Paid domestic violence leave] can be the difference between staying and leaving... Which can be the difference between life and death."

It was a point echoed by the Australian Council of Trade Unions, which has also called for 10 days of paid leave.

"Women shouldn't have to choose between whether they are safe or whether they have an income. We need paid domestic violence leave," ACTU president Michele O'Neil told ABC radio on Thursday.

Ms O'Neil said the cost is "tiny" for businesses when it could save lives.

She said 10 days should be the minimum with women needing time and money to find a new home, school and to deal with police and court matters.

"There's an enormous amount of time and effort involved in making yourself and your family safe," Ms O'Neil said.

"Women shouldn't have to go backwards in terms of their income when they are trying to make themselves safe."

According to a 2018 report by the Australian Institute of Health and Welfare, one in six Australian women have been subjected, since the age of 15, to physical and/or sexual violence by a current or previous cohabiting partner.

"Family, domestic and sexual violence happens repeatedly - more than half [54 per cent] of the women who had experienced current partner violence, experienced more than one violent incident," the report said.

In August, Labor MP Susan Lamb renewed calls for 10 days paid domestic violence leave, saying two-thirds of domestic violence victims were part of the workforce.

Australian Industry Group chief executive Innes Willox says a recent Fair Work Commission decision to include five days unpaid leave in all awards shows that workers don't need 10 days.

The evidence in the Fair Work Commission case was that on average, employees who take leave for domestic violence reasons take two to three days, he added.

"Employers have different capacities to provide support to employees who are experiencing domestic violence," he said in a statement.

"The bill strikes an appropriate balance, as does the model award clause developed by the Fair Work Commission."

If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732. In an emergency, call 000.

- Additional reporting: Nick Baker


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