New Workplace Entitlements Arising from Domestic Violence

New laws have now come into force providing domestic violence leave to paid employees who are experiencing domestic violence, including threatening or other abusive behaviour, at the hands of their:

1       Current or former partner/spouse, or

2       Intimate partner, or

3       Household member, or

4       Close relative.

In those circumstances, the employee who is experiencing domestic violence will be able to access up to 10 days paid leave each year, which if unused, will accumulate like paid annual leave. Unlike paid annual leave, the first 10 days of domestic violence leave entitlements is available to an employee from the outset.

Employees who can access this leave include not only full- time paid employees, but also part-time and casual paid employees.

Businesses which have 15 or more employees are obliged to provide this new domestic violence paid leave entitlement now, but for small businesses it will commence on 1 August 2023.

There are also rules that have been put into place to protect the employee’s privacy. These rules include that domestic violence leave entitlements should not appear on an employee’s pay slip.

Whilst some would say that these new laws create further financial burdens on businesses, the fact is that domestic violence is a scourge in Australia. This scourge transcends socio-economic class and geographical boundaries.

Eliminating domestic violence will take a more holistic approach, than placing the burden solely on the Police.

If any of you require any further information or legal assistance regarding domestic violence, please do not hesitate to contact Selvaggio Lawyers.


Daniela Poletti

Special Counsel & Accredited Specialist Family Law