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Violence leave ‘critical’

LOCAL advocates say that paid family and domestic violence leave promised under the new Labor Goverment is “critically important” in the Mallee.

Over the last year, there has been a rise in family crime reported in Swan Hill. In 2021, there were 630 reported incidents of family crime in the local government area. This is an almost 1 per cent jump from the same figure in 2020.

That comes after a 5 per cent drop compared to 2019.

Mallee Accommodation and Support Program chief executive Vincent Wilson welcomed the decision as “critically important”.

“The leave enables someone who is fleeing domestic violence to know that their employment is secure while they take the time to do what they need to do to keep themselves and their children safe. That might mean leaving the immediate area for a period of time, or going to court to seek a intervention order.”

“We certainly see anecdotally, that the pandemic and now the rising cost of living as well increasing stress within family units and whenever you increase stress you unfortunately increase family violence.

“This will help some of the lowest paid workers so MASP certainly applauds the decision of the Fairwork Commission in terms of applying this leave to modern awards, even if it’s possibly overdue.”

Mallee Family Care (MFC) chief executive Teresa Jayet noted the need for further clarification to ensure the entitlement is equitable.

“With alarming rates of family and domestic violence (FDV) across the country, any initiatives that can support victim-survivors to access relevant services and safely leave a violent situation should receive broad community support,” she said.

“We know that retaining employment whilst experiencing family violence can be very difficult and that economic insecurity increases vulnerabilities. We need to remove the barriers that currently prevent victim-survivors from accessing help.

“Unfortunately, family violence impacts all areas of our community, including workplaces, and this requires a workplace response as part of a national plan to address the issue. “Paid FDV leave is a critical mechanism for employees to maintain their employment and financial security while dealing with the consequences of family violence.”

Ms Jayet said that the circumstances of employees experiencing family violence may be such that they cannot access existing unpaid entitlements and as a result, they may not be able to arrange the time to attend court proceedings, seek medical treatment and other support services, or to relocate.

“Ultimately, what this means is that they may remain in an unsafe situation, exposed to the risk of escalating violence,” she said.

With living costs continuing to rise, Ms Jayet acknowledged that the FDV paid leave entitlement may be an added burden for small and medium size businesses and she called on government to seek ways to limit this impost.

Ms Jayet also raised some concerns around the definition of FDV as applied to the proposed paid leave.

“As it stands, the leave doesn’t extend to an employee experiencing violence perpetrated by a household member who is not related to them,” she said.

“Given the way we live has changed markedly over the last few decades, I call for this definition to be revised.

“Many people do not live in traditional nuclear families, rather, they live in shared households.

“In my view, if you’re subject to violence by someone you know, in your own home, you are a victim-survivor of family and domestic violence and you should have access to the same supports, regardless of familial links.”

The Fairwork Commission last week made an in-principle decision to include family and domestic violence leave in all modern awards.

An in-principle decision means that Fairwork has released a provisional decision and there is a final chance for major stakeholders in the matter to voice any concerns about the implementation of the decision before it becomes law.

The Australian Union of Trade Unions (ACTU) has supported the decision and reinforced the importance of the leave being legislated into the National Employment Standards, rather than just inserted into modern awards.

“Already this year, 18 women have been killed by their current or previous partner. Access to paid family and domestic violence leave saves lives. No worker should ever have to choose between their income and their safety,” president Michele O’Neill said.

Before this month’s federal election, Prime Minister Anthony Albanese pledged to legislate for 10 days of the paid leave, properly fund frontline services and create a national definition of domestic violence to include coercive control.

“Every woman and child should live a life free of violence,” he said.

“Every woman and child should get support if they need it. If we want to save lives, then there is no other alternative.”

After his swearing in, Mr Albanese said the leave was one of his key priorities.

– with Shannon Colee

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