1 Context
1.1 Definition of Domestic and Family Violence
The Domestic and Family Violence Protection Act 2012 defines Domestic and Family Violence as often an overt or subtle expression of a power imbalance, resulting in one person living in fear of another, and usually involves an ongoing pattern of abuse over a period of time.
Domestic and Family Violence can have serious impacts on people who experience it, including physical, emotional and psychological harm, and can result in death”.
Domestic and DFV (DFV) is behaviour by a person towards a family member that is:
- Physically or sexually abusive
- Emotionally or psychologically abusive
- Economically abusive
- Threatening
- Coercive
- Or in any other way controls or dominates the family member in a way that threatens the safety or wellbeing of that or another family member.
DFV takes many forms and occurs when the abuser uses behaviour that is violent, threatening, intimidating or controlling, or intended to cause the family member to be fearful. The abuser may be from a current or past intimate relationship, or other family member including stepfamily, regardless of gender and sexuality.
This policy template acknowledges the experiences of all DFV victims and Is Intended to ensure adequate and appropriate responses to DFV.
1.1.1 Children and DFV
It includes behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of DFV.
Children and young people experience DFV in different ways, and can be affected by DFV even if they were not the direct victim. A child can be exposed to DFV if they:
- Overhear threats of physical abuse or death
- See or hear an assault
- Comfort or provide assistance to a person who has been abused
- Clean up or observe property damage
- Are present when police or an ambulance attend a DFV incident
- Experience the impacts of DFV, including homelessness, poverty, injury, neglect or death of a companion pet, impact on schooling and social activities.
1.1.2 Elder Abuse
Elder abuse is defined as single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.
Elder abuse includes neglect, psychological, emotional, physical and sexual abuse, as well as economic/financial exploitation, including the loss of a home and belongings. The older person may be dependent on the abuser, for example if they rely on the abuser for care. It is also common for the abuser to depend on the support of the older person, for example for accommodation.
Sometimes elder abuse is a pattern of DFV that starts early in the relationship and continues into older age.
1.2 DFV is a Workplace Issue
DFV is a serious public health issue and those who experience DFV are part of communities, workplaces, schools and social settings. The experience of DFV can affect anyone in the community, regardless of their religious beliefs, cultural background, sexual orientation, community position, education level or occupation.
The impact of DFV can affect the wellbeing, productivity and performance of people in the workplace, and can result in higher levels of workplace stress, the use of personal/sick leave and staff turnover. In some cases, employees experience the direct impact of DFV in their workplace in the form of threatening phone calls, emails and confrontation by the perpetrator at a workplace address.
Workplaces therefore have an important role to play in raising awareness about DFV and creating a workplace culture and environment that promotes non-violent, equitable and respectful gender relations. They also have a role to play in responding to employee disclosures of DFV and ensuring that employees experiencing violence are provided with appropriate support.
A workplace DFV policy is an important component of an overall workplace strategy for responding to DFV and ensuring a safe environment and respectful workplace culture.
2 Purpose
The purpose of Our Company’s DFV policy is to demonstrate a commitment to providing a workplace in which DFV is not tolerated or excused, as well as a commitment to managing the impact it has on employees and their participation in the workplace.
In particular to:
- Raise awareness among employees about DFV and the impacts it has on people in the workplace, and how to support co-workers
- Create a safe working environment that promotes gender equity and models non-violent and respectful relationships
- Guide responses to employees who are affected by DFV
- Create a supportive environment that will encourage people experiencing DFV to seek support.
3 Scope
This policy applies to all staff, management, contractors and outsourced service providers performing work for Our Company.
4 Policy
4.1 Confidentiality and disclosure
Our Company employees have the right to choose whether, when and to whom they disclose information about being affected by DFV. This policy does not override any legal obligations to disclose information.
Information disclosed by an employee in relation to DFV will be kept confidential, is not recorded on the employee’s personnel file without their permission (with the exception of recording domestic and DFV leave).
If an employee chooses to allow record of information about their DFV experience, only information that relates to the workplace is documented, as this information could be required if a domestic and DFV issue is brought before the courts.
4.2 Awareness raising
Our Company will make available and promote the online awareness raising program, “Recognise, Respond, Refer: Domestic Violence and the Workplace”, jointly developed by the Queensland Government and Australia’s CEO Challenge. All employees are strongly encouraged to complete the program.
Our Company will ensure that information on support options are made available to employees.
4.3 Support options available to employees
There are a number of support options available to assist employees affected by DFV, in addition to DFV Leave Entitlement, these are:
- Work performance and attendance
- Flexible working arrangements
- Counselling support services
- Other workplace support and role adjustments
These arrangements are reviewed at regular intervals to ensure that they are appropriate.
4.3.1 DFV Leave entitlement
An Our Company employee who is affected by DFV will have access to a minimum of 10 days per year of paid leave.
The reasons may include, but are not limited to, attending medical, legal, police or counselling appointments; attending court and other legal proceedings; and organising alternative accommodation and care or education arrangements for the purposes of attending to matters arising from DFV or supporting the person affected by DFV.
Leave should be granted where the chief executive is satisfied that the employee requires leave because the employee is affected by DFV. However, leave should not be denied in the absence of supporting documents.
The employee does not have to use other leave entitlements before accessing this leave. This leave can be taken as consecutive days, single days or a fraction of a day.
The employee may also access further paid or unpaid leave, including special leave, sick leave, carers leave, recreation leave, long service leave or other accrued time to attend to matters arising from DFV—this will be in accordance with the directives relating to each type of leave.
4.3.2 Work performance or attendance
Work performance or attendance may be influenced by factors not connected with work. Employees will be supported and encouraged to raise concerns about their personal circumstances, including whether DFV is a contributing factor to work performance and attendance.
It may also be necessary to include additional support and provide reasonable workplace and role adjustments for a period of time. Regular reviews, a return-to-work plan and a performance improvement process may still be required.
4.3.3 Flexible working arrangements
Our Company will provide employees affected by DFV with access to flexible working arrangements. Employees are encouraged to discuss their request for flexible working arrangements with their managers in the first instance.
4.3.4 Counselling support services
Our Company will offer the Employee Assistance Provider (EAP) or similar to all employees and their immediate family members. The EAP offers free and confidential support services through face-to-face, telephone and online counselling.
The EAP also provides specific advice to managers to assist them in supporting employees affected by DFV.
4.3.5 Other workplace support and role adjustments Our Company may also consider
- workplace safety needs and arrangements to protect the employee and colleagues following a risk assessment, including increased security measures
- supporting employees to have the workplace included in a Domestic Violence Order issued by the courts, where appropriate providing other support and reasonable adjustments in the workplace, such as:
- job redesign or changes to duties
- changes to working hours or patterns of work
- alternative suitable employment in other teams, offices and locations
- changes to email address and telephone numbers
- secure parking.
4.4 Documentation
When considering the support options outlined above:
- Our Company acknowledges that employees affected by DFV may not be in a position to provide supporting documentation. An employee’s access to leave and other support options should not be denied in the absence of supporting documentation
- any related communications must be conducted in a sensitive and non-judgmental manner. Any documentation sighted must be returned to the employee unless the employee requests otherwise.
4.5 Safety in the workplace
Of paramount consideration is the safety and wellbeing of all Our Company employees in the workplace. Fostering a workplace culture where employees affected by DFV are supported contributes to a healthy and safe working environment for all.
In situations where an employee affected by DFV is concerned for their safety or that of their colleagues, it is recommended that the employee work in consultation with a specialist family violence service, assisted their manager and/or supervisor and/or human resources officer, to develop a Workplace Safety Plan and agreement.
A DFV risk assessment checklist should be completed by the supervisor/manager and/or human resources officer in consultation with the employee affected by DFV, prior to completing a Workplace Safety Plan agreement, and include any necessary support and reasonable adjustment.
The Workplace safety plan agreement should outline the specific workplace safety needs and arrangements to support the employee, such as:
- any changes in relation to any work patterns, practices, or work location
- any precautionary plans to be undertaken pre- or post-work (e.g. travel arrangements, secure carpark etc.) to support the safety of the employee
- any workplace changes and/or security measures to protect the employee and their colleagues where necessary
- updated emergency contacts and/or next of kin details.
Arrangements should be reviewed at pre-determined intervals to ensure currency and to ascertain ongoing appropriateness.
4.6 Responding to Perpetrators in the Workplace
Our Company does not condone or tolerate the behaviour of employees who victimise, humiliate, undermine, threaten, intimidate, stalk, harass or use violence against others, including other employees, regardless of their relationship with that person.
Our Company will support employees who identify that they have issues that they need to address, such as an employee disclosing that they are experiencing issues at home and is fighting with their partner/children. Employees will be encouraged to contact a Referral Service to seek guidance on services and supports available to them. It is important for employees to consider work as a safe place for them to talk about their concerns regarding their own behaviour and to take responsibility.
Employees who misuse Our Company resources such as phones, email, post and online services to threaten, harass or abuse other people will be dealt with under the Code of Conduct provisions. Their behaviour may also be a criminal offence and / or a breach of a domestic violence protection order and will be dealt with through the legal system.
Where this behaviour comes to the attention of Our Company the following steps will be undertaken:
- The allegations will be immediately investigated as a Code of Conduct breach.
- Our Company will contact the police if a breach of ADVO has occurred in the workplace.
- The perpetrator may be subject to disciplinary action up to and including termination of employment if there has been a breach of the organisation’s Code of Conduct.
- The employee will be provided with the contact details of the Referral Service.
If you believe there is immediate physical danger and that the employee’s family or other intimate relations are about to be harmed, call the police on 000 immediately
Reference: http://www.dvrcv.org.au/help-advice/guide-for-families-friends-and-neighbours
5 Responsibilities
Leaders/managers/supervisors will:
- model the company values, including behaviour in a way that promotes a work environment free from any form of violence
- actively participate in DFV related learning and development activities to effectively communicate and manage any domestic violence arising in the workplace
- encourage employees to actively participate in DFV related learning and development activities
- sensitively communicate with employees affected by DFV
- take prompt and appropriate action to address any reports of employees affected by DFV
- ensure appropriate levels of support are provided to employees affected by DFV
- ensure appropriate management of work performance and monitoring of attendance issues.
Employees will:
- model the company values, including behaving in a way that promotes a work environment free from any form of violence
- actively participate in DFV related learning and development activities
- sensitively communicate with colleagues affected by DFV
- ensure colleagues are aware of available support services and encourage colleagues to seek assistance.
6 Definitions
DFV has the same meaning as domestic violence as defined in the Domestic and Family Violence Protection Act 2012. The most current version of the Act can be located at:
https://www.legislation.qld.gov.au/view/html/inforce/current/act-2012-005
An employee who uses or may use DFV is an employee:
- who has voluntarily identified as a person who uses or may be at risk of using DFV; or
- who has been named as a respondent to an existing application for a DFV order or police protection notice; or
- to whom a current DFV order or police protection notice applies; or;
- who has been charged with a DFV offence by a law enforcement agency and charges remain pending; or
- who has been found to be using DFV by a court.
7 Related information
- Domestic and Family Violence Protection Act 2012
- Work Health and Safety Act 2011
- Public Service Act 2008
- Industrial Relations Act 2016
- Human Rights Act 2019
- https://www.fairwork.gov.au/employee-entitlements/national-employment-standards
- https://www.forgov.qld.gov.au/support-employees-affected-domestic-and-family- violence