Section 106BFair Work Act 2009 (Cth)

Taking paid family and domestic violence leave

(1) The employee may take paid family and domestic violence leave if:

(a) the employee is experiencing family and domestic violence; and

(b) the employee needs to do something to deal with the impact of the family and domestic violence; and

(c) it is impractical for the employee to do that thing outside the employee’s work hours.

Note 1: Examples of actions, by an employee who is experiencing family and domestic violence, that could be covered by paragraph (b) include arranging for the safety of the employee or a close relative (including relocation), attending court hearings, accessing police services, attending counselling and attending appointments with medical, financial or legal professionals.

Note 2: The notice and evidence requirements of section 107 must be complied with.

(2) Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of a person, a member of a person’s household, or a current or former intimate partner of a person, that:

(a) seeks to coerce or control the person; and

(b) causes the person harm or to be fearful.

(3) A close relative of a person is another person who:

(a) is a member of the first person’s immediate family; or

(b) is related to the first person according to Aboriginal or Torres Strait Islander kinship rules.

Note: Immediate family is defined in section 12.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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