Elysian Law is an expert Domestic and Family Violence Firm with experience in a broad range of law in Queensland. At Elysian Law, we provide holistic and full-scale legal support to people facing Domestic and Family Violence. Being a party to a Domestic and Family Violence proceeding can have implications in other areas of someone’s life, such as employment and family court matters.
Elysian Law has proven experience in getting the best possible outcome in domestic and family violence matters as well as advocating for people in their employment to ensure their rights are protected and they can continue to work.
If you have recently been served with an application for domestic and family violence application and unsure how these proceedings will affect your employment. Contact Elysian Law today for a free consult and plan moving forward.
Understanding Protection Orders
What It Means For Respondents
A protection order issued under the Domestic and Family Violence Protection Act 2012 (‘DFVA’) in Queensland, is designed to prevent further acts of domestic and family violence. As a respondent, this order can have various restrictions on you. These restrictions may also affect some people’s employment.
For example, the Court may order the prohibition of a weapon. If you are required to possess a firearm as part of your employment (such as a Police Officer or Australian Defence Force member) and your firearm has been prohibited, this may have serious consequences for your ongoing employment as you are unable to fulfill your role.
If a condition of your employment is to hold a blue card, an order may affect your eligibility to apply or maintain your blue card.
Or if you are named as a respondent in a protection order or charged with a related criminal offence, you may be breaching your employment contract.
There are other relevant legislations that also contain provisions regarding employment and domestic and family violence that are not as well known. For example, if you hold a security guard licence and are charged with a serious domestic violence offence, your licence will be automatically cancelled (Security Providers Act 1993).
It is crucial to fully understand the specific conditions of the order, and how a protection order can affect your employment before you consent to an order. It may feel easier to accept a protection order in the moment, however you do have the right to adjourn your matter at court to obtain legal advice so you make the best long-term decision.
What It Means For People Experiencing Domestic and Family Violence
Employers in Queensland are required to ensure safe workplaces for their employees and play an important role in preventing and responding to domestic and family violence.
Under the Fair Work Act 2009 (‘Fair Work Act’), employees are entitled to ten days paid family and domestic violence leave each year. This includes full-time, part-time and casual employees. Employees must be experiencing family and domestic violence to be eligible to take this leave.
Employees are protected from adverse action if they are experiencing (or have experienced) domestic and family violence. This means, employers cannot take action against an employee.
Examples of an adverse action is dismissal, changing an employee’s job to their disadvantage or being treated differently to other employees.
It is important you understand your workplace rights when it comes to navigating domestic and family violence whether you are the aggrieved or a respondent in the proceedings.
How Elysian Law Can Help With Your Protection Order
While a protection order can pose challenges to your employment, being proactive about your legal situation can mitigate the impact on your employment. It is important you obtain legal advice form an experienced lawyer before you make a decision as an order can have unknown wider implications than just affecting a relationship and could be in place for five years.
Nichale and Laura can provide such advice during a consultation with you to ensure you are making a fully informed decision. We have proven experience in helping police officers, people with APHRA registrations, teachers, FIFO workers and many other occupations.
