If you’re in HR, legal, or executive leadership, you already know that workplace responsibilities are expanding. But when it comes to domestic and family violence (DFV), it’s not just about doing the right thing — it’s about meeting your obligations under law.
The ACTU’s recent submission to the Senate inquiry into Workplace Support for Employees Experiencing DFV (June 2024) sends a clear message: Australian workplaces must step up — or face legal, financial, and reputational risk.
In this blog, we outline what’s changed, where the law is heading, and what you need to do right now to stay compliant and culturally safe.
⚖️ Context: The Legal Environment Has Shifted
In just the last two years, major reforms have redefined employer duties around DFV:
- Paid FDV Leave: Since February 2023, all workers — including casuals — are entitled to 10 days paid family and domestic violence leave under the National Employment Standards.
- Respect@Work Positive Duty: Employers have a new proactive duty to eliminate workplace sexual harassment, sex-based harassment and victimisation.
- Psychosocial Risk under WHS Laws: DFV is recognised as a workplace health and safety risk when it impacts a worker’s safety and wellbeing at work.
Bottom line: DFV is not a “personal issue.” It is a compliance issue — and one your board should be tracking.
📑 What the ACTU Submission Says Employers Must Do
Drawing from extensive worker submissions and case studies, the ACTU makes four compliance-critical recommendations:
1. Guarantee DFV Leave and Support for All Workers
Many employers haven’t updated internal systems to reflect new leave laws. Others apply the rules unevenly — especially for casual or insecure workers.
Compliance tip:
- Ensure your payroll system recognises 10 days paid FDV leave for all employees.
- Casuals must accrue and access leave, even without fixed schedules.
2. Integrate DFV Support into WHS and Psychosocial Risk Planning
WHS regulators are now inspecting psychosocial risk management under state and federal laws. The ACTU argues that employers must:
- Include DFV-related risk in their WHS plans
- Assess risk exposure for public-facing or lone workers
- Offer supports such as changed shifts, security upgrades, or remote options
Compliance tip:
Include DFV-specific scenarios in your psychosocial hazard risk assessments — not just general stress or bullying categories.
3. Ensure Your Response Systems Do No Further Harm
The ACTU flagged real-world examples of:
- Victim-blaming language
- Workers being asked to “prove” abuse with court orders
- Retaliation after disclosing abuse
- Use of legal threats to silence victims
Not only are these breaches of basic fairness — they may also breach the Sex Discrimination Act, Fair Work Act, or WHS laws.
Compliance tip:
Audit how your organisation handles complaints or disclosures. Are your systems survivor-centred — or employer-protective?
4. Protect Insecure Workers — Or Breach Anti-Discrimination Law
The ACTU highlights that casual, young, disabled, and migrant workers are:
- More likely to experience DFV
- Less likely to have access to support
- More likely to be dismissed or lose shifts for speaking up
Unequal treatment could constitute indirect discrimination under the Fair Work Act or Disability Discrimination Act.
Compliance tip:
Review whether your DFV supports are actually accessible to casuals and workers on visas. If not — you may be at risk.
🚨 Red Flags That Put You at Risk
Here are 6 warning signs that your workplace may be legally vulnerable:
| Red Flag | Why It’s Risky |
| Policies require “evidence” to access leave | Creates barriers; may breach NES |
| Managers don’t know about DFV leave | Results in non-compliance and liability |
| No WHS strategy for psychosocial risks | Breaches state WHS laws |
| Casuals excluded from support | Breaches NES and anti-discrimination protections |
| Lack of response when DFV is disclosed | Triggers liability under multiple Acts |
| Use of NDAs or defamation threats | Can be seen as victimisation |
✅ Your 2024 DFV Compliance Checklist
If you’re unsure whether you’re meeting your obligations, start here:
✔ Update Leave Systems
- All workers, including casuals, must be covered.
- Leave must be tracked confidentially.
- Don’t require documentation unless necessary.
✔ Align WHS Risk Registers
- Include DFV as a psychosocial hazard.
- Plan for support options (shift changes, IT security, etc).
- Consult with workers and HSRs on DFV safety needs.
✔ Review Disciplinary & Reporting Systems
- Are there clear, fair processes if DFV shows up at work?
- Can disclosures be made confidentially?
- Are you protecting the complainant — or the company?
✔ Train Your People
- Ensure HR, managers, and payroll know the law.
- Equip frontline leaders with scripts and referral tools.
- Include DFV in your Respect@Work training rollout.
✔ Ensure Casuals and Migrant Workers Are Protected
- Communicate support clearly in onboarding.
- Offer translated materials.
- Avoid roster-based retaliation or income threats.
🧠 Final Word: Compliance Is Not Just About Risk — It’s About Culture
The ACTU submission makes something very clear: compliance isn’t about box-ticking. It’s about showing up for workers at their most vulnerable.
DFV is a workplace risk. But it’s also a workplace opportunity — to demonstrate your values, to reduce harm, and to be part of national cultural change.
You don’t have to wait for a Senate report or legal ruling. You can act now — and make your workplace safer, stronger, and fairer.
