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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2019-02-13 Daily Xml
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Equal Opportunity (Domestic Violence) Amendment Bill

Introduction and First Reading

Ms HILDYARD (Reynell) (10:31): Obtained leave and introduced a bill for an act to amend the Equal Opportunity Act 1984. Read a first time.

Second Reading

Ms HILDYARD (Reynell) (10:32): I move:

That this bill be now read a second time.

It is an honour to rise today to introduce to this house the Equal Opportunity (Domestic Violence) Amendment Bill 2019. We all know too well the shocking and utterly unacceptable statistics about domestic violence. We rightly speak often in this place and in our communities about the need for each of us to do whatever is within our power, within our sphere of influence, to prevent and end this shocking prevalence of domestic violence and to support those who experience it. Like many, I have spoken out many times about the abhorrent violence against women that persists in our community.

Unfortunately, our words and our actions must relentlessly continue because 69 women were killed in Australia last year, many at the hands of men they were in or had been in a relationship with. Our words and actions must continue because violence against women continues to reach into every corner of our community. It knows no boundaries. It happens in every suburb, in the big houses and the small ones, in the families who have spent their entire lives here, and in those who arrived yesterday. But it also knows no boundaries in terms of how we can respond. We can all do whatever is within our power to speak, to act, to legislate and to spread the word that there is no excuse and that violence is never, ever an option.

Together, we can and we must speak and act to support and empower those who experience domestic violence. Together, we can reach into those parts of our communities, including into workplaces, where conversations about the need to end this violence and this gender inequality that lies as its root cause are not yet happening so that together we can ensure that there is not one more woman killed in our community, not one more assault, not one more misuse of power to cause psychological, emotional, financial or mental harm, and not one more woman feeling unsafe no matter where she is—in her home, in her workplace or out in her community.

Together, we must continue to raise our voices with deep and unabating and relentless anger that women continue to be killed and assaulted, subjected to psychological violence and disrespected. Together, we must continue to do whatever is within our power to support those impacted and to prevent and end this terrible scourge. Supporting this bill is something we can do together as a parliament. It is a very practical way that we can support and empower those who experience domestic violence. It gives those who experience domestic violence additional rights, a voice and a mechanism to move forward.

This bill is the culmination of many, many conversations with domestic violence service providers, with people experiencing domestic violence, with advocacy organisations, with unions, with the Working Women's Centre, and it is the result of a collective desire to raise awareness about how we can support those experiencing domestic violence and of a collective desire to end discrimination against those who suffer its impact.

As this house is aware, I have proudly committed years of my life to working with others to prevent and end domestic violence. Whilst I am pleased that our conversations are changing, that awareness is growing, that so many share this goal and are stepping up to take responsibility to ensure violence is never an option, we have so much more to do.

The impact of domestic violence is profound and, as we all know, continues through life and impacts on all aspects of people's lives, including their life at work. It is our job to ensure that we lessen that impact, that we positively act to ensure that those who experience domestic violence are cared for and empowered, and it is our job to ensure that they are not discriminated against and, if they are, to make sure that they have a place to go and that there is redress available to them. This bill provides exactly that.

There is a body of evidence that demonstrates that people experiencing domestic violence can be subject to discrimination in the course of employment, and in other settings, because they are experiencing domestic violence. Currently, there are no protections or remedies for these circumstances. By making the experience of domestic violence a ground for discrimination in the Equal Opportunity Act 1984, which is exactly what this bill does, there will be an avenue for these matters to be considered.

An example of discrimination against a person experiencing domestic violence may occur when an employer treats a worker in a particular way because of issues stemming from that experience of domestic violence, issues that may include absences from work because of injury or the disruption and upset of abusive partners or ex-partners appearing at workplaces. People are judged wrongly for the terrible actions of others.

Here is just one dreadful example of a recent case that was taken up by an advocate and that I provide to the house. A woman was raped by her ex-partner after he broke into her home. Her work manager accompanied her to a police interview as a support person and was deeply shocked by what the woman revealed about the abusive relationship. On returning to work, the woman was called to a meeting with human resources staff and told that she could consider moving on from the workplace to seek a 'fresh start'.

The woman emphasised that she needed stability and the ongoing support of workmates, but others, hearing about her experience, began to treat her differently and withheld training opportunities because it was believed that she would be leaving the workplace. Under current law, women in such situations cannot make a legal complaint of discrimination against their employer. In another case, after winning a position a woman revealed to her new prospective employer that she had an intervention order in place in relation to an ex-partner.

Following this revelation, she was advised that her services would no longer be required and that she was not being offered the position after all. We need to support people when this behaviour occurs. We need to restore their faith that despite everything the law will support them, that they have rights, that they have recourse—a place to go. Currently, the Equal Opportunity Commissioner has no scope whatsoever to hear these matters because the experience of domestic violence is not a ground for discrimination in the act. These employees could not lodge a complaint with the commission, let alone progress it.

We must do whatever we can to ensure that people cannot be discriminated against for experiencing domestic violence. We must make sure that they know that their experience is not their fault, that this is something that has happened to them at the hands of a perpetrator of domestic violence and that discrimination because of it is absolutely not okay. This amendment will provide people experiencing domestic violence who are discriminated against because of that experience with an avenue to clearly seek redress.

Right now, the Equal Opportunity Commissioner has no jurisdiction; she can only turn them away. This amendment simply builds on the act by adding domestic violence as another considered factor, another ground of discrimination. Our counterparts in the ACT currently have provisions in their equal opportunity legislation to prohibit discrimination towards people experiencing domestic violence, and we have the opportunity to follow in their footsteps.

This bill will enable South Australia to do its part by making the experience of domestic violence a ground of discrimination. It will provide an avenue for these matters to be taken further. This amendment clearly will provide an ability to seek redress. The Australian Human Rights Commission has been advocating for inclusion of this provision, as has the Equal Opportunity Commissioner, domestic violence service providers, the Working Women's Centre, women's organisations, unions and advocates. It is an issue that we can and absolutely should progress.

Today, from this side of the house, I introduce this bill. I trust that, given the government's words about its desire to do what it can to prevent and end domestic violence and to support those who experience it, the government and every member on the other side of the house will look favourably on the bill. I look forward to informing my parliamentary colleagues on both sides of the house further about this bill and to finding allies across the floor to support its objectives.

The amendments themselves are minor, but the positive outcomes and rights for individuals will be great. This gives people who encounter discrimination as a result of their experience of domestic violence a voice, an avenue for redress. Without this bill, the door to being heard is closed. Together, through this bill we can practically help people experiencing domestic violence. We can help those most affected by domestic violence. I know the house will continue to fight against domestic violence. This is one extra step this house can take, and with that in mind, and with a great deal of hope about what we can achieve together, I commend this bill to the house.

Debate adjourned on motion of Mr Pederick.

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