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Legislating a right to ten days paid family and domestic violence leave

Announcement date
28 July 2022
 

Link to announcement
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6882


Problem being addressed

Family and domestic violence is not just a criminal justice or social issue, but an economic and a workplace issue. The financial impacts of family and domestic violence can be significant, and, in many circumstances, those affected are unable to take steps to leave violent situations without risking unemployment, financial hardship or homelessness.

Proposal

The Government introduced legislation to amend the Fair Work Act 2009, to provide for ten days of paid family and domestic violence leave in the National Employment Standards (NES). This replaced the existing entitlement in the NES to five days of unpaid family and domestic violence leave. Introducing the scheme was an election commitment, and was part of a national push to help close the gender pay gap.


Assessed RIS outcome
Independent review
 

Assessment comments
Consistent with the Government's Regulation Impact Statement (RIS) requirements, the Fair Work Commission's Family and Domestic Violence Leave Review 2021 has been certified by the Attorney-General's Department as meeting the requirements of a RIS. The Office of Best Practice Regulation (OBPR) does not assess the quality of independent reviews and RIS-like documents used in lieu of a RIS, but does assess whether the options analysed in the independent review are relevant to the regulatory proposal. The OBPR assessed that the options analysed in the independent review are sufficiently relevant to the regulatory proposal. 
 

Regulatory burden

The Attorney-General's Department estimates the average annual regulatory cost at $0.6 million.