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Family and domestic violence

Last updated January 2024

This chapter explains how to meet your obligations to employees who are affected by family and domestic violence.

Obligations to employees affected by family and domestic violence

Definition: Family and Domestic Violence

Family and domestic violence (FDV) is violent, threatening or other abusive behaviour by a family member, close relative, current or former intimate partner, or a household member that seeks to coerce or control, and causes harm or fear.

FDV may include:

  • physical violence;
  • sexual assault and other sexually abusive behaviour;
  • economic abuse;
  • emotional or psychological abuse;
  • stalking;
  • kidnapping or deprivation of liberty;
  • damaging property, irrespective of whether the victim owns the property;
  • causing injury or death to an animal, irrespective of whether the victim owns the animal; and
  • causing a child to be exposed to the effects of any of the above behaviour.

If an employee is affected by FDV, they have entitlements under:

  • the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) (FW Act);
  • modern awards, which have the same entitlements as the NES;
  • enterprise agreements.