Government and business have recognised that information about victims of domestic violence could be used to further harm them if the information was made accessible to the perpetrators.

Consequently, a number of changes have been made to limit the publication of information.

Other changes have been made to support people experiencing family and domestic violence.

Paid Family and Domestic Violence Leave

Under the Nation­al Employ­ment Stan­dards, employ­ees are now enti­tled to 10 days of paid fam­i­ly and domes­tic vio­lence leave in a 12 month peri­od to deal with the impacts of vio­lence suf­fered by them per­pe­trat­ed by a cur­rent or for­mer inti­mate part­ner or a mem­ber of their house­hold. Background.

The Fair Work Amendment (Paid Family and Domestic Violence Leave) Regulations 2023 provide that paid family and domestic violence leave must be reported on a pay slip as, for example, ordinary time worked, overtime or allowances, rather than as a type of leave such as ‘miscellaneous leave’ or ‘other leave’, unless an employee has requested it is recorded as a period of leave.

This is intended to prevent perpetrators, who may have access to an employee’s pay slips, from drawing inferences about employees taking paid family and domestic violence leave and avoid associated risks for victim-survivors.

To allow employers time to update their payroll systems, the Regulations provide a grace period until 3 June 2023 during which employers will not be penalised if they report a period of paid family and domestic violence leave on a pay slip as a period of leave (other than paid family and domestic violence leave).

Customer Identification relief

AUSTRAC has updated its guidance to banks and superannuation funds to support people from diverse backgrounds and in challenging circumstances who do not have standard forms of identification to access the financial services they need.

Family violence as a cause of financial hardship

The Financial Sector Reform Act 2022 amended the note to Section 72 of the Credit Code, which provides for changes to a debtor’s obligation under a credit contract on grounds of hardship, to make clear that family violence is also a reasonable cause of hardship in respect of all credit contracts regulated under the Credit Act.

Credit reporting of financial hardship must comply with privacy restrictions.

Customer Owned Banking Code of Practice

The Customer Owned Banking Code of Practice commits subscribers to train their staff how to identify
customers experiencing vulnerability, and how to adapt their customer service standards for them in a sensitive and helpful way. Their training will include awareness of vulnerable circumstances as a result of domestic violence and elder abuse.

Customers are encouraged to tell subscribers at an early stage if they are experiencing financial
difficulty. They recognise the wide range of circumstances that can lead to this including unemployment, ill- health, family breakdown, domestic violence, economic abuse, and natural disaster.

Life Insurance Code

The new Life Insurance Code of Practice which takes effect from 1 July 2023 will include a requirement for insurers to develop and publish a policy on supporting people experiencing family and domestic violence.

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Author: David Jacobson
Principal, Bright Corporate Law
Email:
About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.