FAMILYVIOLENCE POLICYINTHEACTPUBLICSERVICE

PURPOSE

1.This policy sets out high level principles and supportingguidanceregardingexpected behaviours relatedtoincidents and the disclosureof domestic andfamilyviolencein ACT PublicService(ACTPS)and associatedagencies workplaces.

APPLICATION

2.This policy contains a setof whole ofgovernmentinstructions issued by the HeadofServiceunder thePublic Sector ManagementAct 1994 whichbindsallemployees andofficers engaged underthatAct.

BACKGROUND

3.The ACT Government recognises that domestic andfamily violence is one of themostseriousissueswefaceas a community. Personal Leave entitlements can beaccessed by ACTPS employees experiencing domesticandfamilyviolenceto respond to injury andmedicallyrelated absence from the workplace. The Governmenthas agreed thatadditionalleaveisrequiredtofurthersupport employees toengage with specialist supportservicesto resolve or escapethis form ofviolence.

4.Leavefor domestic violencepurposes was includedas a new additional entitlement inACTPS enterprise

agreements,effective from 2013,tosupportthis policyobjective.

5.This Policy shouldbereadinconjunction with otherelements of the ACTPSFamily Violence Toolkit.

DEFINITION

6.Domesticviolence refers toactsofviolencethatoccurbetween people who have, or havehad,anintimaterelationship.Familyviolenceis a broader term thatrefers toviolencebetweenfamilymembers,includingin particular violencebetweenintimatepartners.Domesticandfamilyviolenceincludesphysical, sexual,emotionaland psychological abuse. While there is nosingledefinition, the central element of domestic andfamilyviolenceisanongoing pattern ofbehaviouraimed atcontrolling a victim throughfear,for exampleby usingbehaviourwhichisviolentandthreatening.

Inmostcases, the violentbehaviourispartof a rangeoftacticsto exercise power andcontrolover womenand their children,and can beboth criminaland non-criminal.

7.Domesticviolenceis defined in the Domestic ViolenceandProtectionOrdersAct2008as follows: a person’sconduct isdomestic violenceifit—

(a)causes physical or personal injury to a relevantperson; or

(b)causesdamagetothepropertyofarelevantperson;or

(c)is directed at a relevantpersonandis a domesticviolence offence; or

(d)is a threat,madeto a relevantperson,to doanything inrelationto the relevantperson oranother relevantperson that, ifdone,wouldfallunder paragraph (a),(b) or (c); or

(e)isharassing or offensive to a relevant person; or

(f)is directed at apet of a relevant person and isan animalviolence offence; or

(g)is a threat,madeto a relevantperson,to doanything to a petof the person or another relevantperson that, ifdone,wouldbeananimalviolenceoffence.

(NOTE: The Family Violence Bill2016hasbeenintroduced in the ACT LegislativeAssemblyandwillbedebatedinAugust 2016.Ifpassed the new legislationwillcommenceinFebruary2017andthis policy willbe amended atthat timetoreflect the new definitionoffamilyviolence.)

PRINCIPLES

8.The three principles that underpin the approachtoincidents anddisclosuresof domestic andfamilyviolencein the ACTPSare – Support,ConfidentialityandSafety.

9.TheACTGovernmentrecognisestherighttolivefreefromthefearandexperienceofviolence,andtherighttolibertyandsecurityofapersonoutlinedintheHumanRightsAct2004.Domesticandfamilyviolenceisacrimeandcanbesubjecttocriminalandcivillegalintervention.

10.The ACT Government understands that domesticandfamilyviolence can affect people ofall cultures,

religions, ages, genders, sexual orientation, educationalbackgroundsandincome levels.

11.The ACT Government believes that workplaces haveanimportant rolein supporting people who havebeenaffected by domestic andfamilyviolenceand assistingthem totake steps to secure their safety.

Itis important that as a workplace we have a strongand robust response to domestic andfamilyviolenceas attitudes andculturesthatprevailin workplaces caninfluence the level towhichviolenceinoursocietyissupported or condoned.

12.The ACTPS recognises that domestic andfamilyviolencemayhave a rangeofimpacts on employees inthe workplace. Forexample:

•arriving lateto work or needing toleave work atshortnoticeto protect themselves and/orchildren

•requesting time off work to attend appointments

•experiencing difficulty managing workloads

•being distracted, anxious or distressed; oralternatively

•receivingthreatening or abusive calls, texts or emailsat work

•witnessing threats and/orviolenceand abusetowardsan employee in the workplace.

APPROPRIATEBEHAVIOURS

13.The ACTPSwillsupportits employees experiencingdomestic andfamilyviolence.ACTPS employeesexperiencing domestic andfamilyviolenceare stronglyencouraged toinform someone they feel comfortablespeaking with in their delegation/reporting linetodiscuss appropriatesafetymeasuresand forms ofsupportthatareavailable.Thismayinclude access topaidleavefor domestic violencepurposesand a rangeof flexible workplace arrangements provided inACTPSenterprise agreements.

14.The ACTPS understands how difficult it can beforan employee to disclose thattheyhaveexperiencedor are experiencing familyviolence.As such, anydisclosure by an employee experiencing domestic

andfamilyviolencewillbetreated on a needto knowbasisfor the purpose of workplace safetyand with thehighest possible level ofconfidentialityinline with theInformation Privacy Act2014.Itshouldbenotedthat themandatory reporting requirements under the ChildrenandYoungPeopleAct2008willapplyinthesesituations.

15.The ACTPSis committed to promoting, achievingandmaintaining the highest levels ofhealthandsafety forall employees. Additionally,under theWorkHealth

and Safety Act2011the ACTPShas a dutyof care toitsemployees within the workplace. Where there is a realor perceived possibility thatanabusivepartner/familymember/stalker or other threattosafetymayhave thecapacityto present atanemployee’splaceofwork,appropriate steps willbe taken toensure the safetyofthe affected employee and their colleagues.

Apart from immediatesecurity arrangements thismayincludeimplementingappropriatereasonable adjustmentssuch as moving the affected employee to another worklocation, changing telephone numbers andemail contactdetails.

16.The ACTPSwillnottolerate domestic andfamilyviolencebeingperpetratedin or from the workplace.Such behaviouris a direct violationof the ACTPSCode of Conduct andSection 9 of the Public SectorManagementAct 1994 andmaybe subject toproportionate disciplinary action as appropriate.

17.ACTPS employees who perpetrate domestic and familyviolencewithin or outside the workplace maybereferred torelevantcounsellingandsupportservicesifappropriate.

LEGISLATIVEREFERENCE

18.The key principles ofthis policy arealigned with thefollowing authorised sources:

•Domestic ViolenceandProtectionOrdersAct2008

•Public Sector ManagementAct 1994

•Information Privacy Act2014

•ChildrenandYoungPeopleAct2008

•WorkHealthand Safety Act2011

•HumanRightsAct2004

Bronwen Overton-ClarkeCommissioner forPublicAdministrationon behalfofKathyLeigh,HeadofService

8 August 2016

Document Name:Family Violence Policy

Prepared by: Workforce Capability andGovernanceDivision,CMTEDD

Feedback to:

iiACTPS Family Violence Policy