Outline of Issues Paper

9. This Issues Paper, Family Violence—Employment and Superannuation Law (IP 36), deals with the treatment of family violence in Commonwealth employment, occupational health and safety, and superannuation law.

10. With respect to employment law, the Issues Paper considers issues relevant to the treatment of family violence in Commonwealth employment law at various stages of employment, from the job search process to post-termination of employment remedies.[2] Specifically, it identifies a number of areas in which family violence and the needs—and ultimately the safety—of those experiencing family violence could be addressed, including in relation to:

  • the content and administration of Job Seeker Classification Instruments and other pre-employment processes;

  • amendment of the Fair Work Act 2009 (Cth) and instruments made under that Act, including the National Employment Standards, enterprise agreements, awards, unfair dismissal provisions, and general and other protections provisions; and

  • family violence in the context of occupational health and safety laws, specifically through the provision of guidance to employers in identifying and responding to family violence as a workplace health and safety issue.

11. In considering the treatment of family violence in superannuation law, this Issues Paper examines a range of issues that arise where victims of family violence may have been coerced into taking action in respect of their own superannuation, or may wish to seek early access to their superannuation due to the consequences of family violence.

[2] In light of the demonstrated links between family violence, employment, welfare dependency and homelessness, some employment-related issues are addressed in Family Violence and Commonwealth Laws—Social Security.