Senate debates

Wednesday, 26 October 2022

Bills

Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022; In Committee

7:18 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

It is disappointing that, even in legislation dealing with a new form of leave for those experiencing family and domestic violence, the Greens will try to make a partisan point. In suggesting that we might be taking a position because it has a political party's name on it is a ridiculous partisan comment in debate on a really important piece of legislation, and I am disappointed that that comment has been made. This debate has been conducted in a very civil manner, without partisanship, and it is disappointing to hear a suggestion that we are taking a position because of the name of a party that is on an amendment.

I am giving you the best advice I possibly can. Senator Waters, you are a lawyer, as I am, and you know that every piece of legislation that is passed by this parliament leaves matters open to interpretation by courts and tribunals. What I am saying to you, as I've said three times now, repeatedly, is that the words 'is experiencing', that someone is experiencing family and domestic violence, does not require that violence to be occurring at the moment in time that someone makes that request.

We all know that people experience domestic violence beyond the time that violence is actually being physically inflicted. There's the trauma that it causes. And so if someone has had violence inflicted upon them, for example, in the days leading up to them making a request and they are traumatised by that and fearful of their position, then I would suggest that a reasonable court would interpret these laws to say that that person could take that leave. I'd appreciate it if we could keep the partisan comments out of a very important bill that I would like to think we can all support, just for once.

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