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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-06-01 Daily Xml
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Equal Opportunity (Domestic Abuse) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 18 May 2023.)

Mrs PEARCE (King) (12:30): Violence against women and their children is a serious issue in Australia. When we talk about it, we often share these statistics:

one in three women has been a victim of physical or sexual violence since the age of 15 by someone known to them;

almost one in four women has been emotionally abused by partners since the age of 15; and

one woman dies almost every week at the hands of a current or former partner.

In fact, many of us in this place recognise these statistics each year as we stand on the steps just outside to acknowledge every woman in this country who has been killed and reflect on how far we have to go to eliminate violence towards women and attitudes of disrespect and gender inequality.

Even though most people recognise these stats and that violence against women is a serious issue, there is a tendency to minimise disrespectful behaviours, blame victims for violence and empathise with males. This was found through the research report, 'Reducing violence against women and their children', commissioned by the Australian government Department of Social Services some years ago. But that is not the only concerning reality it found.

The report also highlighted that from an early age young people begin to believe there are reasons and situations that can make disrespectful behaviour acceptable. Girls blame themselves, questioning whether the trigger for the behaviour is potentially their fault, rather than questioning the behaviour of the male. Boys blame others, particularly the female, and deflect personal responsibility, telling each other that it was a bit of a joke and did not mean anything. Adults accept the behaviour when they say, 'It takes two to tango,' or, 'Boys will be boys.'

These stats really concern me. If we are really and truly to eliminate violence towards women, and attitudes of disrespect and gender inequality, we need to change that, whether it be:

implementing measures that can work to change the underlying social drivers of violence to stop it before it starts, by addressing the attitudes and systems that drive violence against women and children;

finding ways to identify and support individuals who are at high risk of experiencing or perpetrating violence and to prevent it from occurring;

finding ways to provide services and supports to address existing violence and to support survivors experiencing violence; and

helping to reduce the risk of retraumatisation, supporting victim survivors to be safe and healthy to be able to recover from trauma and the physical, mental, emotional and economic impacts of violence.

We must do what we can to change these perceptions if we are truly serious about eliminating domestic violence. I am so pleased that today we have a bill before us that will help us to take progressive steps in this space, a bill that will better protect survivors and make clear that our society has zero tolerance for this behaviour.

The Equal Opportunity (Domestic Abuse) Amendment Bill 2022 seeks to amend the Equal Opportunity Act 1984 to add domestic abuse as a new, protected attribute against discrimination, placing domestic abuse alongside sex, sexual orientation, gender, race, disability and age as an attribute protected from discrimination. It will make it unlawful to treat someone unfavourably because they or their relative or associate have been or are being subject to domestic abuse. I think this is important and something that I am incredibly pleased to see—that this amendment goes further than protecting a survivor: it encapsulates the support system around survivors as well as supporting it.

Under this bill, domestic abuse will be defined in the same way as under the intervention orders legislation, meaning it covers abuse in a broad range of relationships, including spouses, intimate partners, family members and also carers, because domestic violence comes in many different forms and we must work to eradicate it in every way possible.

Additionally, the bill also provides protections to prevent perpetrators of violence from disingenuously claiming to be the victim under this proposed legislation. It is designed to recognise both direct and indirect discrimination. There may be some wondering how this bill will help and how does it apply in everyday life. Imagine a workplace where an employee may be criticised or made to feel guilty for taking time off via domestic violence leave. This bill will help to prevent that.

There is a growing body of evidence that shows that victims and survivors of domestic and family violence often experience discrimination related to their experiences of domestic and family violence, particularly in the workplace, and when experienced discrimination can compound the harm of the original acts of violence.

Employment plays a critical role in assisting survivors of domestic and family violence to leave their violent relationship. Eliminating the discrimination that survivors may face will help to improve their ability to access and remain in employment, but it is not just the area of employment where this bill assists survivors. Imagine someone looking to rent a property, but they get knocked back because they are judged unfairly for being protected under an intervention order. Maybe they are unable to provide evidence of a rental history because they have been residing in domestic violence crisis accommodation, or maybe they have an unstable rental history with many short-term tenancies. This bill will help to prevent discrimination in these scenarios.

We know that when a person is living with family and domestic violence they often experience heightened financial stress, homelessness, isolation and vulnerability. We need to tackle these vulnerabilities as we introduce laws to better support and protect survivors. We have debated domestic violence leave in this place; now we need to do what we can to ensure there are no barriers or negative connotations for accessing this support. We know that housing is a necessity, and we must do what we can to prevent survivors from being penalised. This bill helps to achieve both of these things.

The rights of domestic violence survivors would be better protected under this reform. I firmly believe that better protecting those who experience discrimination related to domestic and family violence will be a positive contributor to achieving workplace equality and wellbeing which, in turn, helps to enhance workplace productivity. I also believe it will help raise community and business awareness about the impacts of domestic and family violence and increase the understanding of the systemic implications of this issue in areas such as education, housing and employment.

I thank the Attorney-General, the Minister for Women and the Prevention of Domestic and Family Violence and the Commissioner for Equal Opportunity, for their hard work and efforts in developing this bill. I commend this bill to the house.

Ms THOMPSON (Davenport) (12:38): I rise today also to speak on the Equal Opportunity (Domestic Abuse) Amendment Bill, which will better protect the rights of domestic violence victim survivors. It is bad enough that someone would be subjected to domestic violence, but then to be discriminated against because of it is just horrendous. This bill will prohibit discrimination against people and their families who have experienced or are experiencing domestic abuse. The bill amends the Equal Opportunity Act 1984 to add domestic abuse as a new protected attribute against discrimination.

Our government is committed to working alongside service providers, women's organisations, women experiencing domestic violence and other stakeholders to pull every possible lever to prevent and end domestic violence. We will do everything in our power to better support, protect and empower those affected.

This bill will see that it is unlawful to treat someone unfavourably because they or their relative or associate have been or are being subject to domestic abuse. With this bill, new discriminatory behaviours that will be prohibited include criticising or otherwise treating an employee poorly because they took time off on domestic violence leave or refusing to rent a property to someone because they are protected under an intervention order or have been residing in domestic violence crisis accommodation.

It is sad that we need these laws, but these are genuinely the types of scenarios that victims of violence have raised with me directly and raised during consultation ahead of this bill. Those who have experienced domestic violence and who have provided input into this bill should be commended. To share personal and traumatic experiences, and to offer insight and suggestions on how to improve the rights of people who are experiencing abusive situations, is extremely brave and admirable. Domestic abuse is not just acts of violence. Abuse can be financial control and emotional manipulation.

I have been contacted by several women in my community who are experiencing domestic violence and who are seeking help, and it is heartbreaking to sit with them and to hear their stories. We all know these stories too well: instances of violence in what should be a safe family home, the difficulties that follow periods of financial control and abuse, the toll on the mental health of the victim and the impact that this can have on their family and friends. We know this is happening and we know that real action is needed. That is why it is so frustrating and so disappointing to hear the discrimination that some survivors continue to be subject to—sometimes at their place of work, sometimes when they are looking for a new property.

Imagine the concern that comes with learning that your former partner is trying to leave the country with your children. Imagine the pain of being unable to talk about what happens behind closed doors because of fear for your safety. Imagine how distressing it becomes when the discrimination you face prevents you from leaving that situation—when you cannot leave an unsafe house, for example, because you do not meet a rental agency's requirements or when leaving that house means no roof over your head and no prospect of a roof over your head or over your child's.

This bill will prohibit discrimination in all areas of public life covered by the Equal Opportunity Act. In addition, indirect discrimination will also be prohibited. For example, someone applying for a rental property will not be able to be denied on the basis that they are unable to fulfil a requirement to provide a rental history due to previously being in emergency crisis accommodation or having a history of short-term rental instability for reasons of domestic violence. That would be indirect discrimination and it would be unlawful.

We are a government that is working to ensure people requiring a leg-up receive the support they deserve where they need it. Where abuse may be impacting an employee's performance in the workplace, we want to see that employees are able to lean on the support that their workplaces can provide. That is why this legislation stipulates action taken in relation to workplace performance must be fair and reasonable and not be discriminatory. It is abhorrent to think that at a time when employment is crucial to their circumstances a vulnerable person could experience such awful treatment in their workplace. So let's prevent that.

Let's move forward with legislation to do anything we can to support people through their circumstances. Nobody deserves to be left out in the cold while they are seeking to recover from a period of abuse and control. This bill also includes protections to prevent perpetrators from claiming to be the victim. I am hearing more and more about that kind of narcissistic gaslighting behaviour. Claims of this nature do nothing but increase the stress and trauma inflicted on the actual victim and, by extension, those close to the victim.

The repercussions of domestic violence and control are far-reaching, and we know emotional, physical and financial abuse are a cause of distress to more than just the direct victims. Friends and family carry the weight of knowing their loved ones are hurting, and it hurts all the more if the laws that we pass do not appropriately protect them.

False claims aggravate the justice process and consume resources already stretched that should be solely devoted to the actual victims. Added protections for domestic abuse victims, for the survivors, do not require the perpetrator to have been convicted. There is a very broad scope to determine the abuse that does not necessarily require a conviction. As we know, the legal process can be traumatic and lengthy and sometimes detrimental to the healing process, so alternative evidence and medical records can be considered in these circumstances.

Our government has a strong vision for ending the scourge of domestic, family and sexual violence and other forms of disrespect and discrimination. A recent review of strangulation laws found a lack of clarity in proof requirements was resulting in the early discontinuing of cases. Our Attorney-General, the Hon. Kyam Maher, alongside the Minister for Women and the Prevention of Domestic and Family Violence, the Hon. Katrine Hildyard, last month proposed changes to the South Australian Criminal Law Consolidation Act 1935. These changes see that application of pressure on the neck be considered in future strangulation cases, where currently proof that a person's breathing was restricted through strangulation is required for a case to proceed.

Earlier this year, the state government launched its coercive control awareness campaign, which rolled out across several social media platforms to encourage awareness among young South Australians about controlling behaviours. That campaign definitely started some important conversations in my community, and I am sure in lounge rooms right across our state.

The launch of this campaign was another important step, with the government consulting widely to assist in the formation of draft coercive control legislation. This consultation has engaged those with lived experience, young people, Aboriginal women, regional women, the LGBTQIA+ community and more as our government works to see that feedback drives appropriate change.

People experiencing domestic or family violence need every support they can get and establishing the experience of domestic abuse as a ground protected under our antidiscrimination laws is an important step forward to helping them break free from abusive relationships. Under these reforms, victim survivors of domestic violence could take action if they are discriminated against by employers, prospective landlords and others.

The Commissioner for Equal Opportunity would have the power to investigate complaints of discrimination and claims could be determined by the South Australian Civil and Administrative Tribunal if not settled between the parties. It is a way of helping and supporting victim survivors of domestic violence at a time when they need it the most. We need to ensure that those facing discrimination for experiencing domestic violence can access support and an avenue for recourse through the Equal Opportunity Commission.

Governments should do everything they can to help prevent and end domestic violence and support and empower those who are experiencing it. Through this legislation and a range of other measures, we are doing just that. Already in our term of government and under the dedicated leadership of our Minister for Women and the Prevention of Domestic and Family Violence, we have achieved a lot.

Last year, we restored funding to the Women's Domestic Violence Court Assistance Service after it was cut by the former government. This important service helps hundreds of women affected by domestic violence to access free legal advice and provides invaluable support by helping survivors of domestic and family violence to secure necessary legal protections against an abusive partner. By restoring this funding, our government is ensuring this service can continue and cope with growing demand, with around 800 women accessing these services every year.

The investment also means the service can expand its focus to better support those in regional areas, as well as women from culturally diverse backgrounds, who may face additional barriers in reporting abuse and seeking support. Our government has also reinstated the $1.2 million of funding to Catherine House that was, again, cruelly cut by the former government. Catherine House is an incredible service offering a safe and secure place for women experiencing homelessness, often as a result of domestic violence.

As I touched on and in line with our election commitments, we will soon be introducing legislation to criminalise coercive control. Across Australia, communities, just like many here in our state, are rightly calling for the criminalisation of coercive control and this reform will represent a major step forward in the need to address the horrendous prevalence of domestic violence.

We have been consulting with the domestic and family violence sector and our community to determine the most effective ways to legislate against coercive control, how to educate service providers and our community and teach people to recognise it when they see it, and ensure that perpetrators are brought to account for all acts of domestic violence.

We also introduced a new minimum employment condition for public sector and local government employees of 15 paid days of family and domestic violence leave each year. Paid family and domestic violence leave is a workplace entitlement that literally saves lives. The measure will allow victims of family violence to take time off of work without losing income or without losing their jobs, a key support that will help people to leave dangerous situations.

In addition, we are harnessing the opportunity that comes with hosting major events, including the FIFA Women's World Cup, to deliver programs in local sporting clubs and communities aimed at preventing violence against women and children. There is far more to this event than just the game of football and we are committed to bringing that good to the fore. The Malinauskas government has committed $1 million to realise the potential of this global sporting event, with funding to assist the state government and Football South Australia in delivering football participation programs and, importantly, public awareness campaigns and complementary club education.

There is still so much that we can do in this space and we intend to progress a range of legislative changes and reforms. We will also be introducing legislation to require those who have been charged with serious domestic violence offences and granted bail to be electronically monitored as a condition of bail, and we are looking to review legislation pertaining to consent to sexual activity.

We will continue to relentlessly speak up and act and prevent and end domestic violence. This bill will better protect the rights of domestic violence victims and survivors and strengthen our state's antidiscrimination laws because domestic, family and sexual violence, as well as discrimination of any type, has no place in our community. I commend this bill to the house.

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services) (12:52): I am very proud to contribute towards this excellent piece of legislation, which will strengthen the Equal Opportunity Act. We have a very proud history of equality here in South Australia and we demonstrate this every day as we walk into parliament. Early pieces of legislation contributed towards the Equal Opportunity Act and this will make it even stronger.

I think the key part of our government election commitments in regard to this bill really speaks to who we are and what we are as a government. The bill will prohibit discrimination on the basis that someone is or has been subjected to domestic abuse and protect victim survivors and their families in public life, including in employment, education or when trying to access services or accommodation.

Partner violence has been experienced by one in six women and one in 16 men since they turned 15. The fact that one in six women has encountered partner violence is alarming and deserves special attention. As the Minister for Human Services, I take this role very, very seriously. It is absolutely disheartening that disability support workers, early childhood educators, aged-care workers and all other female-dominated careers include women who are often confronted with low wages and job insecurity. When domestic violence is added to this mix, it is dangerous.

We are acutely aware that having secure employment and the assurance that your employer will provide support during times of crisis are essential factors for women to sustain themselves, support their families and ensure their safety. By addressing these issues, women can confidently take necessary steps to secure their wellbeing. Sadly, individuals with disability face much higher likelihoods of experiencing physical and/or sexual violence. With the responsibility of disability within my portfolio, I am acutely aware of how this disproportionately affects those within this community. Additional layers of discrimination on top of domestic violence compound the problem, and it is unacceptable in 2023.

Public housing is also part of my portfolio and has been yours, Mr Deputy Speaker, and I am intensely aware of the impact many victim survivors fleeing violence have when attempting to rent with intervention orders and the threat of violence. This compounds our currently difficult housing market, creating a situation where women are left out of the housing market and enter public housing. Recently we prioritised the statewide Domestic and Family Violence Homelessness Alliance, extending its funding of $16 million by a further two years, giving job security and security for people who do tough work every day.

The South Australian Housing Authority provides important support to those affected by domestic and family violence. Approximately a third of all new allocations into public housing are victim survivors. This is an incredibly important statistic: we are a safety net. SAHA further oversees transfers between properties to ensure safety, as well as writing off debt for customers where it can be attributed to domestic violence situations.

We undertake significant safety-related maintenance upgrades also. People might be interested to know that some of these include:

sensor lights in place of existing external light fittings;

aluminium security screen doors and windows;

peep holes or door viewers for external doors;

meter box locks;

changes of locks and keys on front doors/external doors to a common key;

locks for sliding doors with a common key;

locks for sliding windows with a common key;

door chains;

security door tamper-proof guards around handles;

patio bolts on double or sliding doors; and

where appropriate, pet suitable yards with a secure gate.

The South Australian Housing Trust is the biggest residential landlord in South Australia and, apart from many rental agreements, we are also pet friendly, within reason, as you would be aware, Mr Deputy Speaker.

Research has found significant overlaps between domestic and animal abuse. This means abuse victims fear speaking out because that could be dangerous, not just for themselves and their family but for their pets. Further, we know that victims are often reticent to leave their pets when fleeing domestic violence. Public housing can offer a safe place for people who are victim survivors and their animals when making an extraordinarily brave decision to leave.

The proposed bill aims to eliminate discrimination in every aspect of public life, as governed by the Equal Opportunity Act. This includes preventing discrimination in employment or any form of work, whether unpaid or paid. Additionally, it encompasses the provision of education, decisions made by associations and qualifying bodies, as well as the provision of land, goods, services and accommodation.

The objective is to create a comprehensive framework that ensures equal treatment and opportunities for all individuals across these domains. Furthermore, the bill will address a concept known as indirect discrimination. This occurs when a general requirement is imposed that individuals with a protected attribute, such as being subjected to domestic violence, find difficult or impossible to comply with. For instance, if a prospective landlord demands evidence of a recent rental history from applicants, it may unfairly disadvantage a domestic violence survivor who has been residing in crisis accommodation or had numerous short-term rentals. Indirect discrimination will be deemed unlawful, unless the requirement is reasonable given the circumstances.

Another significant aspect of this bill is the provision granting the equal opportunity commissioner the authority to decline action on a complaint of domestic abuse discrimination if there is insufficient evidence to substantiate the complainant's experience of domestic abuse. The provision is necessary to address the risk of domestic abuse perpetrators exploiting the new ground of discrimination. Unfortunately, it is not uncommon for perpetrators to falsely claim victimhood and attempt to manipulate individuals or services connected to the actual victims. This clause will offer a clear framework for the commissioner to dismiss such complaints alongside their existing powers.

Like many in this chamber, and in the other place, I regularly attend the Pay our Respects to Australian Murdered Women Vigil here on the steps of parliament every year. We are all aware of the horrifying scale of domestic and family violence in this country. We attend every year to pay tribute to those who have lost their lives to preventable violence. Violence and its prevention is the very reason I am here in parliament. I commend the bill to the house.

Debate adjourned.

Sitting suspended from 12:59 to 14:00.

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