Review of Paid Family and Domestic Violence Leave

An independent statutory review into the operation of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 has commenced.

On this page:

Please visit the independent reviewer’s webpage for more information on how to participate in the review.

Flinders University has been engaged to conduct an independent statutory review of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth). This Act provided an entitlement of 10 days' paid family and domestic violence leave to all employees under the Fair Work Act 2009.

A multi-disciplinary team with expertise in the fields of family and domestic violence, workplace relations and the workforce and labour implications of gender inequality will assess the operation and impact of the entitlement since its commencement in February 2023.

Flinders University’s team includes an eminent person panel of three highly-regarded specialists:

  • Dr Marinella Marmo - Professor in Law and Criminology, College of Business, Government and Law, Flinders University
  • Dr Kate Seymour - Senior Lecturer, College of Education, Psychology and Social Work
  • Dr Nada Ibrahim - Research Fellow in Centre for Social Impact, College of Business, Government and Law.

Terms of the review

The review will consider the operation and impact of the amendments made by Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022, including on small businesses, sole traders and people experiencing family and domestic violence.

The independent reviewer must be informed by qualitative and quantitative research and report to the Minister for Employment and Workplace Relations with findings and recommendations relevant to the Fair Work Act 2009 and the workplace relations framework within 3-months of review commencement.

Stakeholder participation

The review is an opportunity for stakeholders to have their say about the operation and impact of the leave entitlement so far. The reviewer is inviting contributions through a range of mechanisms by 7 June 2024.

The review will seek to engage with employer representatives including small businesses, employee representatives including unions, government and other relevant individuals and organisations including family and domestic violence specialists and the legal assistance sector. The review intends to engage as widely as possible noting the statutory 3-month time limit to deliver the review, means consultation timeframes will be short.

If you wish to contribute your views, or would like further information about upcoming engagement opportunities, please visit the independent reviewer’s webpage.

The independent reviewer’s website provides further detail about the upcoming engagement opportunities, which include:

  • roundtable consultations with stakeholder groups including employer representatives, employee representatives, frontline and women's advocacy organisations, academic specialists and other individuals and organisations
  • an online questionnaire on the terms of reference provided to the Reviewer
  • written submissions for stakeholders to provide comments on specific points.

Given the confidentiality requirements of the legislation and the sensitive nature of the subject matter, stakeholders may request that all, or parts, of their contribution (including written submissions) be kept confidential.

Qualitative and quantitative research

To inform the review, the Behavioural Economics Team of the Australian Government (BETA) is conducting qualitative and quantitative research about the operation and impact of paid family and domestic violence leave.

The research will incorporate perspectives from people who have experienced family or domestic violence, employers (including small businesses) and employees.

BETA’s research report will be published on completion of the independent review.

Outcomes

The review is required to be tabled in the Australian Parliament within 15 sitting days after the report is given to the Minister for Employment and Workplace Relations.

The Department of Employment and Workplace Relations will publish the final report on this website along with associated material including submissions as appropriate.

More information

For more information, please email FDVLeaveReview@flinders.edu.au.