Domestic violence doesn't stay at home: HR must act now

Australian employers are falling short when it comes to supporting employees affected by family and domestic violence, and a leading employment law expert says the gap between having a policy and building a genuinely safe system is wider than most HR leaders realise.

Cilla Robinson, a partner in the employee relations and safety team at Mallesons in Sydney, brings more than two decades of specialist experience in employment and workplace relations law to one of the most sensitive areas facing HR teams today.

With coercive control reforms now embedded in New South Wales legislation and psychosocial safety obligations tightening nationally, she says employers can no longer treat domestic violence as a matter that sits outside the workplace.

This is an issue that can't be ignored. Data from the Australian Institute of Health and Welfare found that in 2021–22, one in four women and one in 14 men had experienced violence from an intimate partner since the age of 15.

It also revealed that in 2023–24, nearly 9 in 10 hospitalisations involving treatment for assault by a partner were for females and 13 per cent of adults in 2021–22 had witnessed partner violence against a parent before the age of 15.

"Family and domestic violence is distressingly common in Australia, it disproportionately affects women, and it often follows victim-survivors into work," Robinson said. "Employers do not need to become counsellors, police officers or social workers, but they do need to create workplaces where people are safe, believed, and practically supported."

The legal floor and what lies beyond it

Under the National Employment Standards (NES) in the Fair Work Act 2009 (Cth), eligible employees are entitled to 10 days' paid family and domestic violence leave per year, available upfront rather than accrued. Employers are also required to handle evidence requests sensitively, protect confidentiality, and ensure payslips do not disclose that the leave has been taken.

But Robinson is clear that the NES entitlement is only the starting point. Work health and safety laws require employers to manage risks to both physical and psychological health so far as is reasonably practicable, and if domestic violence creates a risk at or through work, she says HR cannot treat it as a home issue.

"The safest workplaces are not those where HR tries to solve domestic violence," she said. "They are workplaces where victim-survivors are believed, choices are respected, risks are taken seriously, and support is practical enough to make a real difference."

For HR professionals looking to go beyond the basics, Robinson outlined a range of less commonly discussed supports: flexible working arrangements, safety planning with building security and reception, payroll and financial safety measures such as redirecting payslips, technology checks on work devices, roster and location changes, and critically, manager training.

"One of the most valuable supports is a manager who knows what to say, what not to say, and how to escalate concerns appropriately," she said.

Where support ends and overreach begins

A question HR teams often wrestle with is how to respond when they suspect, but cannot confirm, that an employee is at risk. Robinson's advice is to prioritise care over investigation.

"The starting point should be care, not investigation," she said. "HR should not try to 'prove' that domestic violence is occurring."

She recommends a private, calm, non-judgmental check-in that gives the employee control – such as: "I've noticed you seem under a lot of pressure at the moment. You don't have to tell me anything you don't want to, but I want you to know support is available if you need it."

Questions about safety, work arrangements, and access to entitlements are appropriate. Questions about the details of what happened, why the employee hasn't left, or whether a report has been made to police are not, and may be experienced as victim-blaming or intrusive.

"Support begins when the question is tied to safety, work arrangements or access to entitlements," Robinson said. "Nosiness begins when the question is driven by interest, disbelief or a desire to judge the employee's personal decisions."

Confidentiality, duty of care, and the harder cases

Robinson says HR should begin with a strong presumption of confidentiality, sharing information only with those who genuinely need to know in order to provide support, administer entitlements, or manage safety risks.

But the harder cases, including how to manage an employee alleged to have perpetrated domestic violence, require particular care. Robinson noted that the NES family and domestic violence leave entitlement is designed to support victim-survivors, not to provide a general leave category for alleged perpetrators attending court as an accused person.

If a request is ambiguous, she advises HR to seek limited, respectful clarification and consider other available leave options rather than either automatically approving or refusing.

Robinson also pointed to the significance of the NSW coercive control reforms – the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW) – as part of a broader national shift that should be on every HR leader's radar.

"The law, and the community, are increasingly recognising that domestic and family violence is not confined to physical assault," she said. "It can be a pattern of control that affects a person's safety, autonomy, finances, technology, relationships and ability to participate in work."

The gap HR leaders need to close

The biggest gap Robinson identifies is not in policy – it is in practice.

"Many organisations can now point to a family and domestic violence leave policy. Fewer have trained managers, clear escalation pathways, payroll confidentiality protections, safety planning procedures, technology safeguards, and a culture in which employees trust that disclosure will not damage their career," Robinson explained.

For HR professionals who want to lead on this issue, Robinson is firm that compliance matters, but compassion and preparation matter just as much. Those interested in benchmarking their organisation's approach to domestic violence support and employee safety will find that best practice now demands more than a policy document.

"Too often, employers wait for a crisis, a police order, or a formal complaint," she said. "Best practice is earlier, quieter and more practical."