This article contains discussions of family, domestic and sexual violence. If you or someone you know is experiencing domestic or family violence, you can contact 1800RESPECT on 1800 737 732 or through the online chat. Call 000 if you are in danger. 

Changes to family and domestic violence leave came into effect on 1 February 2023. The introduction of 10 days of paid family and domestic violence leave for all Australian workers is a significant development in Australian workplace law. For one, it is the first time Australia has had a fully paid leave entitlement for casuals. It’s also seen as a crucial step to enhancing workplace gender equity, given that family and domestic violence disproportionately affects women. 

We previously provided an overview of the changes and their significance for all Australian businesses, including advice for employers on how to prepare. But family and domestic violence is often very complex, and its impacts both on the individual and their broader community can be significant and long-lasting. It is important for employers to understand the forms such violence can take, and the complexities of how it impacts individuals, their families and society in general. 

It is important, too, for employees to understand these complexities. One in three women and one in four men have experienced physical violence by an intimate partner. Those figures don’t include other forms of family and domestic violence, such as emotional, psychological or financial abuse. It is extremely likely that over the course of the average person’s career, they will have worked, are working, or will work with someone who has experienced some form of family or domestic violence. 

Below, we describe some of the different types and effects of family and domestic violence, as well as providing some general advice for employers. 

What is family and domestic violence? 

According to 1800RESPECT, a confidential information, counselling and support service for people experiencing domestic or family violence: “Domestic and family violence happens when one person in a relationship hurts another or makes them feel unsafe.” 

It can occur in the context of any family relationship. In the case of intimate partners, it can also occur after the relationship itself has ended. 

Typically, it involves any behaviour that makes the person feel scared or worthless. It is a repeated pattern of behaviour that seeks to exert power and control over that person. 

Different types of family and domestic violence 

Physical violence is one of the most outwardly visible forms of family and domestic violence. But it can take many other forms. Some examples include: 

• Emotional abuse, including yelling, insulting, name-calling, swearing, or other behaviours that make the person feel worthless and put down. 
• Financial abuse, where the person’s behaviour is controlled or manipulated by limiting their access to money. 
• Technology facilitated abuse, such as monitoring an intimate partner’s computer and phone use or publishing intimate photos of them without their consent. 
• Social abuse, which is behaviour that aims to cut a person off from their family, friends, or community, and/or to damage their relationships. 

Even if the violence does not result in physical injury, the effects of all of these types of violence can still be significant for the person’s mental health and wellbeing, and their sense of self-worth. This can then further affect their social and work lives. 1800RESPECT provides more information on the different forms family and domestic violence can take. 

Who is at risk? 

In a word: anyone. Any person can experience some form family or domestic violence at some point in their lives, regardless of age, race, gender, sexual identity, education level, socio-economic status, or any other factor. Remember that for physical violence alone, the numbers are as high as a third of all women and a quarter of all men will have this experience. 

Women tend to be at higher risk than men, as reflected in the figures above. When the focus is on intimate partner violence, the discrepancy is still more striking. One in six women have experienced physical or sexual violence by a current or former partner, compared with one in 16 men. 

Aboriginal and Torres Strait Islander people are an especially vulnerable group, and are also more likely to experience family violence that is severe. According to the Australian Human Rights Commission, First Nations women are 32 times more likely to be hospitalised and 11 times more likely to die from family violence than non-Indigenous women in Australia. 

People with disability are another particularly vulnerable cohort. In the Mission Australia study linked to above, this group was found to be nearly twice as likely to have experienced physical and/or sexual violence from a partner in the previous year than people without disability. 

While research surrounding family and domestic violence within LGBTQI+ relationships is limited, more than 40 per cent of respondents to one 2020 survey reported having been in an abusive intimate relationship in their lives. In 2018, 53 per cent of respondents to a sexual health survey for trans and gender diverse people said they had experienced sexual violence or coercion. 

These groups also face types of abuse specific to their lived experience, such as threats of being “outed” or of exposing their HIV status, or pressure to have surgery to “normalise” their body or to act more “male”, “female” or straight. 

It’s important to remember though that while some groups experience higher prevalence than others, that doesn’t mean people outside those categories can’t also be at risk of family or domestic violence. To reiterate, it really is an issue that can affect anyone. 

What are the effects? 

For the individual, domestic and family violence can affect emotional adjustment, physical health and subsequent relationships, both in the immediate and long-term. 

The Australian Institute of Health and Welfare notes the ongoing effects on individuals can include acquired brain injuries, disabilities or chronic health issues, mental health issues, problems with substance use, self-inflicted injuries, and suicide. Family and domestic violence can lead to social isolation and financial insecurity, and is one of the leading causes of homelessness in Australia. 

The effects are not isolated to the individual who experiences the violence though: they can be far-reaching. There are flow-on impacts for families – for example, children who witness domestic and family violence can experience significant mental health and development challenges as a result. 

The effects of family and domestic violence also place a significant burden on the health and criminal justice systems, and society more broadly. In fact, violence against women – which includes a high rate of intimate partner violence – costs the Australian economy around $21.7 billion a year. 

Employer responses and responsibilities 

Previously, the National Employment Standards included five days of unpaid family and domestic violence leave per year. That changed with the passing of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022, which provides for ten days of paid family and domestic violence leave per year. This is available to all employees in Australia, including casuals. 

As mentioned above we’ve detailed the changes and what they mean for businesses in a previous article. To recap some of the main points about employer responsibilities: 

The changes commenced on 1 February 2023 (for small businesses the commencement date is 1 August 2023). The pay entitlement is different to annual and sick leave and is a new concept for casual workers. Businesses therefore need to think about their HR systems, and also review their payroll processes to ensure the correct amounts are paid for family and domestic violence leave. 

Often people experiencing family and domestic violence can feel a sense of shame or that they are going to be judged or blamed, or there will be a lack of understanding about the reasons leave might be required. It is important to ensure there is a culture of understanding, and that HR and other managers are trained to recognise the many situations that constitute family and domestic violence. 

In addition to these paid leave entitlements, employers should make sure their staff have access to employee assistance programs and information about where they can obtain additional support if needed, along with robust mental health and wellbeing policies as part of WHS plans. 

Family and domestic violence is everyone’s business. Workplaces have a role to play both in reducing it, and helping to ensure that those who experience it have the support they need to overcome the impacts and continue to flourish, both at work and in life. 

For information or advice on policies and procedures related to family and domestic violence leave please contact the Bayside Group Workplace Relations department.

If you or someone you know is experiencing family or domestic violence, contact 1800RESPECT on 1800 737 732 or through the online chat. Call 000 if you are in danger.