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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-05-12 Daily Xml
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Equal Opportunity (Domestic Violence) Amendment Bill

Introduction and First Reading

Ms HILDYARD (Reynell) (10:45): 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) (10:46): I move:

That this bill be now read a second time.

I first introduced this bill in early 2019 because it is absolutely incumbent on all of us to do whatever we can to prevent and end the horrific scourge of domestic violence. These are words that I and many others have uttered before in this place, words that we must bring to life at every opportunity. I introduce the bill again today because, sadly, since introducing it in 2019 and its not being supported by those opposite, our need to do more, to say more and to act more has intensified as we saw, just last year, a shocking increase in domestic violence cases and as we heard awful accounts emerge from women locked at home with their abusers during COVID.

The impact of domestic violence is profound. It affects all aspects of the lives of those who experience it, including their working lives and, in turn, their economic security. The original introduction of this bill was the culmination of many conversations with domestic violence service providers, with people experiencing domestic violence, with advocacy organisations, with unions, with the Working Women's Centre and others.

Since that time, domestic violence has continued to plague our community, with more than 1,000 additional offences reported in South Australia in the past year. Tragically, we have continued to see women killed by partners and former partners in the most horrific and degrading circumstances. We have seen the murder of Hannah Clarke and her three beautiful children by their estranged husband and father. Just recently, a Gold Coast mother of three, Kelly Wilkinson, was allegedly murdered by her controlling and violent ex-husband in front of her three children in the most violent and horrible way.

Here in South Australia, the murder of baby Kobi by her father, the person whose role it was to protect her, has sent shockwaves throughout our community and, rightly, an outpouring of love and support to her mother and all who loved her. Every day, we hear shocking reports of women who are assaulted, controlled and subjected to psychological and other forms of violence. I have women contact my office, scared, worried and frustrated and desperately wanting to live their lives without fear, wanting the behaviour to cease and wanting the financial security to enable them real choices as they rebuild their lives. There are many examples where those experiencing domestic violence, so often women, are sadly discriminated against in the workplace and elsewhere simply because of their experience of domestic violence.

When I first introduced this bill in 2019, the government dismissed it as well intentioned but 'ill informed'. The comment was: 'The act as it currently stands does not have the carve-outs of any specific victim of crime.' Ensuring victims of domestic violence cannot be discriminated against at work or anywhere because they have experienced violence is not a carve-out: it is a basic right that should and can be enshrined within the Equal Opportunity Act.

I believe it is our job to ensure those who experience domestic violence are not further victimised. It is our job to ensure that they are not discriminated against and that, if they are discriminated against, there is redress available to them, just as those who are discriminated against on the basis of other experiences rightly have a place to go. The bill provides that right for those who have been discriminated against as a result of their experience of domestic violence.

Like all other complaints to the Equal Opportunity Commission, robust processes will apply as the complaint is heard, investigated and determined. By making domestic violence a ground for discrimination under the Equal Opportunity Act, there will be an avenue for these matters to be considered. Currently, there are no remedies for these circumstances. The bill is straightforward. It is stringently focused on providing a right to complain, protection, redress and education around domestic violence and discrimination.

We know that domestic violence knows no boundaries and that it happens in every suburb, in every region, in the big houses and in the small ones, in the families who have spent their entire lives here and in those who arrived yesterday. This is why we must not limit our responses to it. We must do whatever is within our power to speak, to act, to spread the word that there is no excuse and that violence is never, ever an option.

In this place, we must exercise the power that we have to legislate and in doing so give those impacted a voice. Supporting the 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 a way forward.

There is a body of evidence that shows that those who are experiencing domestic violence can be subject to discrimination in the course of employment, with people too often wrongly judged for the terrible actions of others. Nobody should be discriminated against because they are absent or late for work due to domestic violence, nor should their chance of getting a job be impacted. Nobody should be discriminated against because an abusive partner or ex-partner turns up to menace them at work or repeatedly calls their office line. Nobody should be worried about losing shifts whilst they are trying to protect themselves and their children from a violent partner or ex-partner.

I have heard accounts of a woman being raped by her ex-partner after he broke into her home. Her manager was deeply shocked by what the woman revealed about the abusive relationship when they accompanied her to make a police statement. Upon returning to work, she was urged to consider moving on from the workplace to seek a fresh start. In another case, a woman revealed to a new prospective employer that she had an intervention order in place and she was advised that her services would not be required.

We need to support people when this behaviour occurs. They need to be able to make a complaint about these circumstances and have an independent person listen and make an assessment in relation to that complaint. The Equal Opportunity Commissioner currently has no scope whatsoever to hear such matters because the experience of domestic violence is not a ground for discrimination under the act. We can change this.

More than ever, we must listen to the voices of those impacted by domestic violence and ensure they are supported. This means ensuring that they are not subject to discrimination for sharing and living their experience of domestic violence and that, should they be discriminated against, they have a right to be heard in relation to that discrimination. There is so much that we can and must do to prevent and end domestic violence.

As I have spoken about, Labor has a four-point plan for some of the immediate actions we can take in parliament to address domestic violence. It will not change everything, but they are clear steps that we can take right now. We can progress this bill to include domestic violence in the Equal Opportunity Act. I am very pleased that our other bill for increasing penalties for breaches of intervention orders is being supported by the crossbench and the government. We can progress our legislation, criminalising coercive control and we can hold an inquiry into the efficacy of consent laws and education. These are steps we can take together now to improve women's safety here in South Australia.

This bill 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. Sadly, she must turn potential complainants away. The Australian Human Rights Commission has been advocating for inclusion of this provision, as have former equal opportunity commissioners, domestic violence service providers, the Working Women's Centre, women's organisations and advocates.

It is an issue that we can and absolutely should progress. The amendments themselves are minor, but the positive outcomes and rights for individuals will make a difference for those in the most difficult of circumstances. If we are true to our oft repeated words that we must do everything we possibly can to prevent and end domestic violence and to support those who experience it, we should progress this bill and I commend it to the house.

Debate adjourned on motion of Dr Harvey.

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