The decision, which currently affects those employed under the 123 current industry awards, is likely to set a precedent right across Australia, means that workers should be able to access the leave on an annual basis at their base rate of pay.

In handing down its decision, the full bench of the FWC was in agreement that:  “Family and domestic violence is a ubiquitous and persistent social problem. While men can, and do, experience FDV, such violence disproportionately affects women. It is a gendered phenomenon,” the full bench of the commission wrote in its decision, adding the pandemic had seen an increase in the scourge.

In fact during 2020 reported domestic violence rates across Australia were the highest they had ever been.

Until now, employees have only been able to access five days of unpaid domestic and family violence leave.

A necessity for those needing to flee violence

It’s a ruling which has been strongly welcomed by domestic violence support groups and advocacy organisations because it means that those suffering domestic or family violence won’t be forced to quit jobs or suffer financial hardship as a result of needing time off from their jobs  to deal with the mulit-faceted issues they are experiencing at home.

1 in 6 women have experienced physical or sexual violence by a current or former partner, while for men it is 1 in 16.

Seventy-five percent of victims of domestic violence reported the perpetrator as male, while twenty-five percent reported the perpetrator as female.

Already this year – not even five months in, already 18 women have been killed by a current or previous partner.

The decision takes into consideration that family and domestic violence can be exceptionally disruptive – victims need to make the time to meet with medical specialists, psychologists, police, attending the Family Court and / or the criminal court, move home, change children’s schools etc  – the list goes on.

For those fleeing risky situations, an income can be the single factor that makes the difference between being able to walk out the door and not.

Precedent for domestic and family violence leave to be available to everyone

The proposed paid leave would apply to permanent employees only and be paid at the base rate of pay. While the leave would accrue from year to year, it would not exceed 10 days.

It is now up to the Federal Government to make a commitment to all workers by including domestic and family violence leave in the National Employment Standards, which covers an additional 8.44 million workers. The Labor Party has already made this an election promise, the Morrison Government is yet to match it.

Many of the large corporations have included family and domestic violence leave in their workplace policies and agreements for some time, but this will also encourage other small private businesses whose employees don’t fall within the award system, to consider doing so too.

What is domestic and family violence?

Under New South Wales law, domestic and family violence is the term given to violence committed by an intimate partner and includes physical injury, intimidation or serious harassment, wilful damage to property and indecent behaviour without consent.

Along with other states around Australia, New South Wales is also in the process of criminalising coercive control, creating legislation which will make it a standalone offence.

Coercive control includes threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. It has long been recognised that acts of coercive control such as monitoring someone’s communication or time spent with others, withholding food or money, can be early indicators of domestic violence that will escalate to dangerous levels.

Over the past decade, domestic violence has been recognised as a major public health problem. It affects all people  – irrespective of economic, educational, social, geographic or racial background.

The reality is that it is going to take Australia a long time – perhaps generations – to stem the tide of domestic violence. In the meantime we must do what we can as a society to support those people who need it financially, at the time they need it most.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

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According to the report, out of the 16,393 private law practices registered across Australia, sole practitioners make up 82 per cent.

One of the key drivers behind this upward trend is the increasing number of females entering the legal profession. Figures published in June this year show there are now 44,581 women in law in Australia and 39,052 men. Over the past decade, two-thirds (67 per cent) of those entering the profession have been women, while just 26 per cent of those becoming lawyers have been men.

For many women, the traditional career path in a mid-size or large law firm, has been pretty demanding, making it very difficult to balance career and family. Firms are changing their out-dated structures, but for many, rising to the top still requires long hours and heavy caseloads.

And it’s for this reason predominantly, that women are starting their own practices in droves — because working by themselves gives them much more flexibility to manage their own hours.

Regional coastal and rural areas benefit

It should be noted that regional Australia has really benefited from the rise in solo practitioners too, with talented lawyers embarking on sea-changes and tree-changes, moving out of the big cities and bringing their expertise with them.

Technology, of course, makes this all possible. Lawyers can still stay in touch with peer groups if they want to peer review cases, or simply obtain a second opinion. A lot of seminars and webinars which keep practitioners up to date with changes to the law, or other information that’s important to the profession as a whole, are also available online.

For clients seeking legal advice, there are significant advantages of this increase in solo practitioners.

Firstly, it makes access to legal advice easier. Whether clients are looking for an employment lawyer, a family lawyer, a criminal lawyer or a specialist local court lawyer to represent them in court, clients can easily search the internet and find what they need quickly and easily.

Secondly, generally speaking, the person who answers the phone when you make an initial inquiry will be the lawyer actually working on the case, which speeds up the process in many instances too (where there isn’t a reliance on other factors, such as dates set by the courts). With fewer people involved in the workflow process, clients benefit from a streamlined service.

More choices when it comes to getting the right legal advice

The final benefit for clients is financial. Because these small practices are cheaper to run than the big firms (they have lower overheads), savings can be passed onto clients via way of lower fees. Increasing competition means that service fees become standardised across practice areas.

In many cases, lawyers are beginning to offer fixed fees for straight forward legal matters, but they’re also in a better position to negotiate if they choose to and the circumstances require it.

It has to be said that although cost shouldn’t be a factor when you’re accessing specialist advice of any kind (medical, technical, legal) most lawyers are aware that it is a consideration for many who find themselves inadvertently in trouble with the law or suddenly needing legal advice.

While it is possible to represent yourself in local court, and there is a proliferation of resources available for free on the internet including template contracts and agreements, the right legal advice for your personal circumstances should never be under-rated.

There are plenty of people who have tried to go it alone, only to end up realising they did need legal advice after all.

The law, no matter what area: commercial, criminal, copyright etc – is incredibly complex – to turn your back on professional knowledge and expertise can be to do so at your peril.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us. 

If you have a specific legal matter you’d like to discuss, please contact us. We service the area from Coffs Harbour to Byron Bay, Ballina and Tweed Heads regions on the Far North NSW Coast. We also represent children and juveniles in the Children’s Court as well.

To learn more about The Local Court Lawyers, see our What We Do page.

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