Family and domestic violence

There is no universal definition of family and domestic violence. In the workplace context, the Fair Work Act defines it as violent, threatening or other abusive behaviour by an employee’s close relative that:

• seeks to coerce or control the employee
• causes them harm or fear.[1]

A close relative can mean a spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild, sibling, or kin. 

Examples of family and domestic violence include:

• physical violence, including physical assault or abuse
• sexual assault and other sexually abusive or coercive behaviour
• emotional or psychological abuse, including verbal abuse and threats of violence
• verbal abuse, including threats of violence, humiliation, and intimidation
• economic abuse, including denying a person financial autonomy or basic necessities
• social abuse, including forced isolation and control of social activity
• stalking and harassment, including through electronic communication or social media
• property damage.[2]

Family and domestic violence occurs across all demographic groups, regardless of socio-economic background, religion, education level, age, gender or sexual orientation. Data shows that 2.2 million Australians have experienced physical and/or sexual violence from a partner and 3.6 million Australians have experience emotional abuse from a partner.[3]

Both women and men experience violence and most men are not violent. However, the research shows clear gendered patterns in the perpetration and victimisation of family and domestic violence. Women are more likely than men to experience physical, sexual and emotional violence by an intimate partner and most victims – both men and women – experience violence from a male perpetrator.[4] In Australia:

• 1 in 6 women has experienced physical or sexual violence by an intimate partner since the age of 15, compared to 1 in 18 men
• 1 in 4 women has experienced emotional abuse by an intimate partner since the age of 15, compared to 1 in 7 men.[5] 

Employers have a legal responsibility to protect their employees from family and domestic violence in the workplace. They must create an environment that is safe and promotes equality.

The Fair Work Ombudsman’s Employer Guide to Family and Domestic Violence explains a number of ways that family and domestic violence impacts the workplace.

• The workplace may be a safe place or refuge for employees experiencing violence. Or, it may be the place of ongoing violence via phone calls, emails, texts or stalking. This can put both employees and their colleagues in danger.
• Violence may impact employees’
  • performance and productivity, causing employees to take leave or feel distracted, anxious or tired
  • ability to get to work.
• Violence can cost businesses, as a result of illness or absenteeism, employee turnover, reduced productivity and possible legal liabilities. 
   

Benefits of supporting employees

There are many benefits for a workplace when the health, safety and wellbeing of employees is prioritised. The Fair Work Ombudsman’s Employer Guide to Family and Domestic Violence describes the benefits to responding to family and domestic violence as:

• improved outcomes for employees affected by family or domestic violence
• improved productivity, staff engagement and work satisfaction
• reduced illness and absenteeism
• reduced staff turnover, resulting in lower recruitment and training costs
• reduced legal liabilities.

What can employers do?

Meet your legal obligations

Organisations are responsible for meeting their legal obligations with regard to the health and safety of their employees, including protecting employees from family and domestic violence in the workplace. 
 

Identifying and eliminating/minimising risk

Family and domestic violence is a WHS issue it if creates a risk to worker's health and safety while at work, or if the health and safety of other people is put at risk through their work.

Employers must eliminate or minimise risks to health and safety at work so far as is reasonably practicable - this means proactively managing the risk of family and domestic violence happening at work.

You can access more information about managing the risk of family and domestic violence at work on the Safe Work Australia website. 

Paid family and domestic violence leave

All employees can access 10 days of paid family and domestic violence leave each year. This includes full-time, part-time and casual employees. 

Employees must be experiencing family and domestic violence to be eligible to take paid family and domestic violence leave. 

The entitlement to paid family and domestic violence leave comes from the National Employment Standards (NES). It’s a paid minimum leave entitlement, like annual leave or paid sick and carer’s leave. 

You can access more information about paid family and domestic violence leave on the Fair Work Ombudsman’s website.

Develop a formal policy or strategy

In addition to meeting their legal requirements, organisations are increasingly developing a formal policy or strategy to support employees experiencing family or domestic violence. 

For guidance on how to develop an effective policy, see The Fair Work Ombudsman’s Employer Guide to Family and Domestic Violence.

Offer other supports

Other supports provided by leading practice organisations include:

• staff training
• leadership commitment and role modelling 
• workplace safety and security measures
• free and confidential counselling services 
• referral pathways to relevant organisations.