Working and Domestic Abuse

Family and domestic violence (FDV) leave is a national entitlement in Australia governed by the Fair Work Act 2009, meaning it applies across all states and territories. This provides all employees ten days of paid FDV leave per year, including full-time, part-time, and casual workers.

The key points of FDV leave under the national system include:

• Eligibility: Every employee, regardless of their employment status (full-time, part-time, or casual), is entitled to the full ten days of FDV leave each year.
• When it applies: The leave is available from the first day of employment, with no waiting period required.
• Usage: Ten days are available yearly and do not accumulate if unused. Depending on the employee's needs, the leave can be a continuous block, single days, or even part days.
• Payment: The leave is paid at the employee's full rate for the hours they would have worked during the leave period.

Find more information about eligibility at the Fair Work Ombudsman family and domestic violence leave webpage.

Australian law prohibits employers from discriminating against you or dismissing you because you are experiencing family and domestic violence.

• Anti-discrimination protections: Under the Fair Work Act 2009 and other state-based anti-discrimination laws, you are protected from any form of discrimination related to your experience of domestic violence. This includes being treated unfairly, denied opportunities, or dismissed because of your situation.
• Unfair dismissal: If you believe you’ve been unfairly dismissed due to domestic violence, you can lodge a claim with the Fair Work Commission. It’s important to act quickly, as there are strict time limits—generally 21 days from the date of dismissal.

If you face workplace disputes related to family and domestic violence, such as discrimination, unfair dismissal, or a breach of your rights, you can seek resolution through employment tribunals or the Fair Work Commission.

Fair Work Commission:

• Role: The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal. It deals with disputes between employees and employers, including issues like unfair dismissal, general protections, and workplace bullying.
• How to file a claim: If you believe your rights have been violated, you can file a claim with the FWC. The process generally involves:
  1. Lodging a complaint: Submit your application to the FWC online, in person, or via mail. Ensure you meet the application deadline, usually within 21 days of the issue occurring.
  2. Conciliation: The FWC may arrange a conciliation session in which both parties try to resolve the dispute with the help of a conciliator. This is an informal process that aims to reach a mutual agreement.

Hearing: If conciliation is unsuccessful, the dispute may proceed to a formal hearing before the Commission, where a decision will be made.

Employment tribunals (state and territory specific):

Each state and territory has a tribunal system for handling employment disputes under state legislation. These tribunals can address issues such as discrimination or workplace harassment specific to the region.

Preparing for a tribunal or FWC hearing:

• Gather evidence: Collect all relevant documentation, including records of communications, employment contracts, and any other evidence that supports your case.
• Legal representation: Consider having a lawyer or legal advocate represent you at the hearing to ensure your case is presented effectively.
• Understand the process: Familiarise yourself with the tribunal or FWC process, including what to expect during hearings and how decisions are made.

Your employer is responsible for keeping you safe while you are at work. If you decide to tell them you’re experiencing domestic violence, your employer can help by:

• ‘Employee assistance programs’ such as free counselling or mental health services
• Designing a safety plan for work and home
• Ten days of paid leave via the Domestic Violence Leave entitlements
• Flexible workplace arrangements such as changing your hours or place of work
• Reviewing emergency procedures so your safety can be prioritised if the abuser attends your workplace
• Specific domestic violence training

Telling your employer you’re experiencing domestic violence can be helpful to extend your support network. Most organisations will have policies on how to support you. Follow these steps to discuss your experience safely:

Setting up a meeting

• Make an appointment to have dedicated time for your conversation.
• Ensure the meeting is in a private, safe space.
• Choose someone you trust, like a manager or HR representative.

During the conversation

• Before you start the conversation, ask the other person not to tell anyone else.
• Ask what support the organisation can provide, such as flexible hours, counselling, safety planning, or domestic violence leave.

Additional tips

• Familiarise yourself with your rights under The Fair Work Act (2009).
• Bring any relevant documents, like restraining orders or medical reports, if possible.
• Discuss a follow-up plan to ensure ongoing support.

Discussing your situation with your employer can be difficult, but it’s important to know that your privacy is protected under Australian law.

• Confidentiality obligations: Employers are legally required to keep any discussions about your domestic violence situation confidential. Information should only be shared with others in the workplace if necessary and with your consent.
• Disclosing your situation: You are not required to disclose your experience of domestic violence to your employer unless you choose to do so. If you do disclose, you can request that the information be handled with strict confidentiality

When you're experiencing family and domestic violence, it's important to keep a detailed record of all communications with your employer regarding your situation. Documenting these interactions is important for many reasons:

• Clarity and accountability: A written record helps ensure that both you and your employer have a clear understanding of the discussions that have taken place, including any support offered, requests made, or decisions reached.
• Legal protection: If there is a dispute or misunderstanding in the future, having documented evidence of your communications can protect you. This is particularly important if you need to take legal action.
• Continuity: In case your manager or HR representative changes, having a documented history of your communications ensures that any new personnel are fully informed of your situation and the steps already taken.
• Trauma protection: If you feel comfortable, it can be helpful to have a written story summarising your experiences and safety risks so that you don’t have to repeat your story and risk triggers if your HR representative or manager leaves.

How to document communication:

1. Written records: Whenever possible, communicate with your employer via email or other written forms. If you have verbal discussions, follow up with an email summarising the key points.
2. Dates and times: Note the date and time of each conversation or email exchange.
3. Details: Include as much detail as possible about what was discussed, including any support you requested, advice provided by your employer, and any actions agreed upon.
4. Storage: Keep all records in a secure place, digitally or in a physical file only you can access.

When applying for a job, you must provide a resume (a CV) highlighting your experience, education, achievements, and skills and why you are the best fit for the position. Here are some tips to help you get started:

How to write a resume

• Use free online templates from safe internet sites, like Seek - Free resume templates.
• Fill in your details using the template headings. Focus on your most relevant experience, training, and skills and pay close attention to detail.
• Customise your resume for each job application. For example, if you apply for a bank job, emphasise your banking experience and knowledge.
• Provide your correct contact details so employers can reach you for an interview.

Information you don’t need to include on your resume

• Your age or date of birth
• Your current address
• Medicare or bank details
• Number or names of your children
• Your partner’s details
• Your relationship or marital status
• Your mental health history (unless required for the job)
• Irrelevant job experience or hobbies

If you would like to search for jobs online, you can use these job-seeking platforms:

• SEEK: Largest job-seeking platform in Australia
• Indeed: The world’s most popular job site
• CareerOne: Lists jobs and free resources, including resume templates (email address required) 
• FlexCareers: Lists jobs that embrace flexibility, suitable for people who are rejoining the workforce
• Jobs WA: lists government jobs

Find a complete list of job platforms with Headspace.

There are services available that can help you write resumes and apply for jobs. Find your closest local service at Workforce Australia’s coaching and support webpage

Attending an interview can be both exciting and nerve-racking. Here are some tips to help you during the interview process:

Interview Preparation Worksheet

Before the interview:

1. Research the company and the duties of the job you are applying for
2. Arrive on time for your interview. If you will be late, inform your interviewer of your expected arrival time.
3. Plan how you will get to the interview. 
4. Plan an outfit that is appropriate for the workplace you are applying for. Make sure your clothes are clean, ironed and presentable. If you don’t have appropriate clothes, Dress for Success can assist.
5. Prepare a question for the person interviewing you (e.g., Can you tell me about the team I’ll work with? What training do you offer to support employees’ professional development?)
6. Practise responding to common interview questions (e.g., Tell me about yourself? Why do you want to work here? Why are you a good fit for this role?)
7. List your strengths and areas that you can improve. Practise talking about these out loud.
8. Consider the examples you can give in previous jobs or life experience that show your skills and strengths.

During the interview:

1. Believe in yourself, be confident, and remember you have been invited for an interview because the employer has seen your potential.
2. Try to make eye contact if you feel comfortable to do so.
3. Speak about your previous experience relevant to the role you're interviewing for. This could be paid or volunteer work, group projects, team sports, etc.
4. Whilst honesty is always the best policy, there is no need to disclose your experience of family violence if you don’t want to. 

After the interview:

1. Follow up with a thank you email after your interview.
2. If you are still waiting to hear back outside of the timeframe, they said they’d get back to you, it's okay to follow up with a phone call.
3. Keep looking for other jobs and attending other interviews if they come up. You don’t want to assume you got the job and miss out on other opportunities.

Volunteering can be a good way for victim survivors of domestic violence to build job-ready skills and establish social connections. It provides opportunities to learn new skills, gain work experience, and create a support network for personal and professional growth.

Benefits of Volunteering

Volunteering can help you:

• Develop job-ready skills such as communication, teamwork, leadership, time management, and problem-solving.
• Gain work experience that can be added to your resume and make you more attractive to potential employers.
• Meet new people and expand your support network, which can help manage stress and improve mental health.
• Boost confidence and self-esteem by helping others
• Find purpose and engage in meaningful activities

How to get started

1. Identify Your Interests and Skills:
   • Reflect on what you enjoy doing and what skills you want to develop.
   • Consider community service, healthcare, education, environmental conservation, or animal welfare.
2. Research Volunteering Opportunities:
   • Visit Volunteering Australia to find opportunities that match your interests.
   • Contact local non-profit organisations, community centres, or 
   • charities to inquire about volunteering positions.
3. Prepare Your Application:
   • Update your resume to include any relevant skills and experience.
   • Write a cover letter explaining why you want to volunteer and how you can contribute.
4. Apply and Follow Up:
   • Submit your application to the organisations of your choice.
   • Follow up with a phone call or email to confirm receipt and express your enthusiasm.
5. Start Volunteering:
   • Attend any necessary training or orientation sessions.
   • Engage actively and be open to learning and connecting with others.
6. Reflect and Record Your Experiences:
   • Keep a journal of your volunteering activities, including skills learned and personal achievements.
   • Update your resume regularly with new skills and experiences gained through volunteering.

Working can offer many benefits beyond just earning money. Here are some key advantages:

• Better health: Working can help you stay active and improve your health, making you less likely to get sick.
• Pride and achievement: Completing tasks and reaching goals at work can make you feel proud and accomplished.
• Social connections: Work can help you meet new people and build friendships, reducing feelings of loneliness.
• Mental well-being: Having a job can give you a sense of purpose and routine, which can improve your mental health.
• Skill development: Work can introduce new challenges that help you learn and grow your skills.
• Improved life satisfaction: The sense of purpose and social interactions from work can lead to a happier and more fulfilling life.
• Financial stability: Earning a steady income can help reduce financial stress and improve your economic situation.
• Identity and self-expression: Work allows you to use your talents and express yourself, helping build your identity.

Going to work is important to maintaining your independence; you deserve to feel safe there. These tips aim to help you stay safe, supported, and empowered in your job:

1. You can access support options like flexible working, free counselling services, and safety planning through your work. Speak to your manager to access these.
2. Create a safety plan for work. This might include:
   • Being accompanied to your car by someone
   • Taking alternative routes to and from work
   • Asking to change your hours or office location
3. Make sure to change your emergency contact number to someone you trust, like a friend or direct family member.
4. Be careful about sharing your location or work details on social media, including posting photos that have your company logo.
5. Keep an extra set of car keys in a safe space so you can still go to work if the abuser hides the original car keys.
6. If you have a restraining order on the abuser, they are not allowed to visit your place of work. If they breach this by attending your workplace, contact the police.

Focusing on your career can provide stability and empowerment as you rebuild your life after experiencing domestic violence. Here’s how to navigate this journey:

Pursue education and training in your current role

• Choose relevant courses: Consider education opportunities that align with your interests and career goals.
• Flexible learning: Opt for online or part-time classes that fit your schedule.
• Explore programs: Look into government-funded or community programs offering free or low-cost education.
• Use professional development: Take advantage of training opportunities provided by your employer.

Explore career change

• Evaluate safety: Consider a new career if your current job isn’t safe or suitable.
• Research and network: Look into new fields and build connections within those industries.
• Seek guidance: Work with a career counsellor to create a transition plan.
• Transition slowly: Start with freelance or part-time roles before fully switching careers.

Set long-term goals

• Align with values: Define what’s most important in your career—financial stability, work-life balance, or personal fulfilment.
• Break down goals: Divide long-term goals into manageable steps.
• Stay flexible: Be open to adjusting your plans as needed.
• Celebrate progress: Acknowledge your achievements, no matter how big or small.

Burnout can happen when you face work and personal challenges, leading to physical and emotional exhaustion. It can feel like being mentally and physically drained.  Symptoms might include fatigue, recurring illness, headaches, gastric issues, and not sleeping.

Domestic violence can greatly increase the risk of burnout. Here are some steps to help minimise the risk and maintain your well-being:

• Contact friends, family, and colleagues to build a support network.
• Exercise regularly to reduce stress and improve your mood.
• Aim for a consistent sleep schedule, going to bed and waking up at the same time as often as possible.
• Try to eat a variety of foods to ensure you’re getting the necessary nutrients to support your health.
• Limit alcohol and drug use to improve your mental and physical health.
• Keep a journal to help you process your thoughts and emotions.
• Use mindfulness practices like meditation or yoga. Use free apps or YouTube videos to start.
• Speak with your employer about how they can support you.

Losing your job due to domestic violence can be overwhelming, but there are steps you can take to regain stability and find new opportunities:

Accessing unemployment benefits

• JobSeeker payment: Register with Centrelink to apply for financial support through JobSeeker. You’ll need to meet eligibility criteria, including income and asset tests.
• Crisis payments: If you’re in severe financial hardship after leaving your home due to domestic violence, you may be eligible for a Crisis Payment in addition to JobSeeker.

Additional support: Depending on your situation, you might qualify for benefits like Rent Assistance, Parenting Payment, or Family Tax Benefit. Learn more about available support payments.