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National

Domestic and family violence victims and survivors to have leave enshrined in law

Victims and survivors will have a guaranteed option of 15 days of domestic and family violence leave per year. (ABC News: Maren Preuss)

Workplace leave specifically for public sector workers experiencing domestic and family violence will be enshrined in law in South Australia, allowing victims and survivors time to access legal and medical services.

While a part of the current enterprise agreement, the amendments to the state's Fair Work Act will guarantee the option of 15 days of paid leave per year to local government and public sector workers impacted by family and intimate partner violence.

The scheme will apply to South Australia's entire public sector workforce of 113,000 employees, which includes teachers, nurses, doctors and emergency workers as well as 11,500 local government workers.

It complements a similar federal scheme that came into effect in February, which applies to employees of private businesses with 15 or more employees, and guarantees 10 days of paid leave.

That scheme will be expanded to small business workers from August.

The South Australian government expects its amendments to have passed both houses of parliament by the end of the week, and said they were in line with other enterprise agreements around Australia.

Minister for Women and the Prevention of Domestic and Family Violence Katrine Hildyard, said statistics showed more than "one woman per week in Australia is killed at the hands of a partner or former partner".

"This bill, when it passes, will ensure that local government and public sector workers here in South Australia can access 15 days paid domestic violence leave per year so that they can attend legal appointments, attend medical appointments, set about moving home, attend to their children's needs," she said.

While some state government enterprise agreements already made provision for domestic and family violence leave, the law change means that such an arrangement will have to be included in all enterprise agreements going forward.

Ms Hildyard said a core aim was to ensure victims and survivors were not denied access to income at a time when they potentially needed it the most.

"We do not ever want a woman to have to choose between safety and economic security," Ms Hildyard said.

"When women are experiencing domestic violence and they are workers, we want them to stay connected to their workplace, to have the best opportunity to secure their economic independence."

The minister said the government would work with council and the public sector on implementation, and on considerations around confidentiality.

"What is encouraged through the bill [is] that there is some sort of reasonable proof or evidence, but that generally means that there will be a conversation obviously to whom leave is applied," Ms Hildyard said.

"There is a broad scope about what that particular proof or evidence may be."

Katrine Hildyard is the Minister for Women and the Prevention of Domestic and Family Violence. (ABC News: Che Chorley)

Attorney-General and Industrial Relations Minister Kyam Maher said the law change guaranteed a "new minimum standard", and he expected the amendments — which have already passed the Lower House — to pass the Legislative Council by the end of the week.

"Those who experience domestic and family violence can apply for leave without having to use annual leave for a whole range of things," he said.

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