4.6.1 Source of entitlement

a) Teachers are entitled to leave for matters arising from domestic and family violence in accordance with Determination 3 of 2023 under the Teaching Service Act 1980 (the determination).

4.6.2 Leave for matters arising from domestic and family violence

a) The definition of domestic violence is in clause 3.3 of the determination.

b) Teachers, including casual teachers, are entitled to 20 days of paid domestic and family violence leave in each calendar year. This leave is not cumulative.

c) Paid domestic and family violence leave is not pro-rata for part-time or casual teachers.

d) Teachers can take paid domestic and family violence leave in part-days, single days, or consecutive days. There is not a minimum number of hours that a teacher must take in a day.

e) Teachers experiencing domestic and family violence may take domestic and family violence leave including for the following purposes:

i) seeking safe accommodation or establishing safety;

ii) attending medical, legal, police or counselling appointments relating to their experience of domestic and family violence;

iii) attending court and other legal proceedings relating to their experience of domestic and family violence;

iv) organising alternative care or education arrangements for their children or person(s) in their care;

v) other activities that will help them to establish safety and recover from their experience of domestic and family violence; or

vi) any other purpose associated with the impact of experiencing domestic and family violence which is impractical to do outside of their normal hours of work.

f) Domestic and family violence leave does not need to be approved before it can be accessed. However, teachers should advise the Department of the need to take domestic and family violence leave as soon as possible.

g) The leave entitlement can be accessed without the need to exhaust other available leave entitlements first.

h) The Department should only require evidence of the occurrence of domestic and family violence in exceptional circumstances and principals/managers should use their discretion when assessing whether evidence is needed, and if so, what type of evidence.

i) Evidence of the occurrence of domestic and family violence may include:

i) a document issued by the police, a court, a domestic violence support service or a member of the legal profession;

ii) a provisional, interim or final Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO), certificate of conviction or family law injunction;

iii) a medical certificate;

iv) a statutory declaration by the teacher experiencing domestic and family violence; or

v) any other evidence that would satisfy a reasonable person that domestic and family violence has occurred.

j) Evidence provided by a teacher should be sighted and must be returned to the teacher. The evidence must not be retained by the Department or stored on the teacher’s personnel file.

k) The intent of paid domestic and family violence leave is to provide teachers with the same remuneration as they would have received, inclusive of penalties that would have applied, if they did not take the leave.

i) Full-time and part-time teachers are entitled to be paid at their full rate of pay for the hours they would have worked had they not taken the leave.

ii) Casual teachers will be paid at their full rate of pay for the hours they were rostered for and would have worked had they not taken the leave. For the purposes of this clause, “Rostered” means the Department has offered specific hours of work and the casual teacher has accepted that offer.

l) The Department must keep personal information about domestic and family violence (including information about support provided by the Department) confidential. This includes not recording instances of or information about domestic and family violence leave on:

i) payslips,

ii) the teacher’s personnel file, or

iii) rosters.

m) Any information regarding a teacher’s experience of domestic or family violence, including any domestic and family violence leave or supports provided (under this clause or otherwise), can only be accessed by senior HR personnel or, with the teacher’s consent, a relevant senior manager.

n) The Department must not take adverse action against a teacher because they:

i) have experienced, or are experiencing, domestic and family violence;

ii) use the paid domestic and family violence leave provisions; or

iii) are a casual teacher who declines to take a shift they are not rostered for because they are attending to a matter connected with domestic and family violence at that time.

o) The Department will provide support to a teacher experiencing domestic and family violence, including but not limited to the provision of flexible working arrangements, including changing working times, work locations, telephone numbers and email addresses. Teachers can seek further information about support from the Health, Safety and Staff Wellbeing Directorate.

4.6.3 Leave for teachers providing support to people experiencing domestic and family violence

a) Teachers providing care and support to a member of their family or household experiencing domestic and family violence may, if the criteria is met, access existing leave entitlements under Determination 5 of 2016 (see also chapter 4.8) including:

i) Family and Community Service Leave; or

ii) Sick Leave to Care for Dependants.

b) The “family” or “household” member that the teacher is providing care and support to must meet the definition of these terms, as referred to in Determination 5 of 2016.

c) If the Department needs to establish the reasons for a teacher accessing existing leave entitlements under these provisions, the teacher may be required to provide evidence consistent with Determination 5 of 2016.

d) Evidence provided by a teacher should be sighted and must be returned to the teacher. The evidence must not be retained by the Department or stored on the teacher’s personnel file.

4.6.4 Leave for domestic and family violence and higher duties allowances

a) The purpose of this clause is to give effect to 4.6.2 k) in respect of higher duties allowances.

b) A teacher is eligible for the payment an allowance for acting in a higher position as defined in clauses 1.5.2.1 and 1.5.3.2 of the Teachers Handbook.

c) Periods of domestic and family violence leave will be regarded as ‘working days’ for the purpose of determining the qualifying period for the payment of the allowance if the teacher would have been acting in a higher position had the teacher been on duty on that day(s).

d) A teacher who acts in a higher position and who is entitled to the payment of the relevant allowance is entitled to payment of the allowance when taking domestic and family violence leave if the teacher would have been acting in a higher position had the teacher been on duty on that day(s).

e) Clauses 1.5.2.5 and 1.5.3.6 do not apply to periods of domestic and family violence leave. Periods of domestic and family violence leave will not be counted as absences for the purposes of these clauses.

4.6.5 Applying for leave and support

a) Support is available for both teachers and principals/managers via the Employee Assistance Program. Support is also available through the Health, Safety and Staff Wellbeing Directorate.

b) Teachers and principals/managers should refer to the Domestic and Family Violence Leave page when applying for leave.

c) Principals/managers are required to complete and submit the domestic and family violence declaration in support of the leave application. Any evidentiary documents viewed by the principal/manager must not be attached to the leave application or retained by the Department.