Keypoints

The NSW Domestic and Family Violence Action Plan: Stop the Violence, End the Silence, released in June 2010, includes developing employment support initiatives in the public service that enable employees who have experienced domestic violence to enter or return to the workforce.

The NSW Government strongly supports initiatives that enable and support victims of domestic violence to continue to participate in the workforce.

Agencies should apply the following provisions:

1. Leave entitlements provided for in Sick Leave, Family and Community Service Leave, Sick Leave to Care for a Family Member (also referred to as Personal/Carers Leave) may be used by staff members experiencing domestic violence.
2. Where the leave entitlements referred to in point 1 above are exhausted, the employee shall be granted five days Special Leave per calendar year.
3. Agencies will need to be satisfied, on reasonable grounds, that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.
4. Personal information concerning domestic violence will be kept confidential by the agency.
5. Agencies, where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number and email address.
6. Domestic Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

A new clause will be inserted in the Crown Employees (Public Service Conditions of Employment) Award 2009 to reflect the above provisions. Other Public Sector agencies and State Owned Corporations are strongly encouraged to adopt these provisions in their industrial instruments.

The Department of Premier and Cabinet will develop guidelines for agencies to assist in the implementation of these provisions.

Brendan O’Reilly
Director General