Domestic and family violence leave

4.6.1 General

a) From 1 January, 2019, ten (10) days paid domestic and family violence leave is available to permanent and temporary teachers in line with NSW Treasury’s Section 52 (1) Determination No 3 of 2018.

b) Domestic and family violence leave is non-cumulative and can be taken in part days, single days or consecutive days. It can be taken without the need to exhaust other leave entitlements first.

c) The leave can be used by employees who are experiencing domestic and family violence, for purposes including:

  • seeking safe accommodation;
  • attending medical, legal, police or counselling appointments relating to their experience of domestic and family violence;
  • attending court and other legal proceedings relating to their experience of domestic and family violence;
  • organising alternative care or making education arrangements for their children; or
  • any other purpose approved by the manager.

4.6.2 Evidence and declaration

a) Teachers applying for this leave need to provide their principal or manager with relevant evidence in support of the application, including, but not limited to:

  • a provisional, interim or final Apprehended Violence Order (AVO);
  • a certificate of conviction;
  • a family law injunction;
  • a medical certificate; or
  • an agreed document issued by the Police Force, a court, a domestic violence support service or a member of the legal profession.

b) Any documentation provided for this purpose will be treated confidentially. Any documentation sighted by the principal should be returned to the teacher unless the teacher requests otherwise.

Principals/managers are required to complete and submit a declaration in support of a teacher’s leave application. See Tab B of Industrial Relations Circular IRC 19/01

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