Type: Policy
Classification: Operational
Policy Number: SCS2023023
Released: 31 July 2023
Review Date: 31 July 2025
Rescinds/Replaces: HR201811-1.1
The purpose of this policy is to provide guidance in relation to Sydney Catholic Schools (SCS) position in addressing family and domestic violence and state its commitment to ensuring that all staff, students and families are supported should they experience family and domestic violence.
Family and Domestic violence will not be tolerated and SCS will take any disclosure seriously.
This policy applies to all SCS staff, parents/carers, students, volunteers and contractors. In this policy, ‘SCS staff’ means all employees of SCS, members of religious orders engaged in schools.
SCS recognises that family and domestic violence impacts on safety, physical and emotional wellbeing, and so is committed to:
- student and staff safety
- challenging any language in the workplace that degrades women, men or children
- identifying and opposing sexual and gender based harassment in the workplace
- ensuring that employees and students are aware that family and domestic violence is unacceptable and will not be tolerated
- listening to victims of family and domestic violence and learning from victims of family and domestic violence
- learning about the issue of family and domestic violence, and
- supporting disclosure of family and domestic violence through education and recognition that disclosure could save a life.
4.1 Family and domestic violence
An employee is experiencing family and domestic violence if the employee’s close relative, current or former intimate partner or member of their household seeks to coerce or control them and cause them harm or fear and is violent, threatening or behaves in another abusive way. Family and domestic violence includes:
- Physical assault (including punching, hitting, kicking, pushing, slapping, choking or the use of weapons)
- Sexual assault (being forced to have sex or participate in sexual activities, either by watching or participating)
- Emotional abuse (making a person feel worthless, criticising their personality, looks, the way they dress, constantly putting them down, threatening to hurt them, their children or their pets)
- Verbal abuse (including yelling, shouting, name calling and swearing at them)
- Social abuse, or isolation (being stopped from seeing friends and family, isolating them socially or geographically)
- Damaging property such as furniture, the house or pets in order to threaten or intimidate
- Financial abuse (taking control of the money, not giving the person enough money to survive on, forcing a person to hand over their money, not allowing a person to have a say in how money is spent)
- Stalking and/or harassment via repeated phone calls or text messages, and/or
- Coercive control (a pattern of controlling and manipulative behaviours within a relationship designed to intimidate, isolate, and control a person).
4.2 Close relative
A close relative is:
- an employee’s spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild or sibling
- a child, parent, grandparent, grandchild or sibling of an employee’s current or former spouse or de facto partner, or
- a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
5.1 Support will be provided to any SCS staff who disclose that:
- they are a victim of family and domestic violence, or
- they are caring for a person who is a victim of family and domestic violence, or
- they have become aware that another person is experiencing family and domestic violence in accordance with this Policy.
5.2 Any SCS staff member who experiences family and domestic violence is encouraged to contact the Employee Access Program (EAP) or the SCS Staff wellbeing team for support.
5.3 Any student who experiences family and domestic violence will be supported through school or counselling support.
5.4 Any parent who experiences family and domestic violence may be referred to appropriate Catholic Support Agencies.
5.5 SCS employees (including part time and casual employees) are entitled to 10 days’ paid Family Domestic Violence Leave (FDVL) in a 12 month period. The leave is available to employees who are experiencing family and domestic violence and need to do something to deal with the impact of it.
Eligible employees experiencing family and domestic violence or who are caring for an immediate family or household member who is experiencing family and domestic violence have a right to request flexible working arrangements.
An employee is able to access personal/carers leave where they have exhausted their paid FDVL entitlement.
5.6 Additional guidance in terms of entitlement, eligibility for those accessing paid FDVL, notice and evidence requirements and payment process can be found here.
6.1 Any disclosure of family and domestic violence will be considered confidential with the exception of the reporting requirements to Police/Department of Communities and Justice (DCJ)/other agencies.
6.2 Any disclosure of family and domestic violence that requires reporting will be reported to Police and DCJ (where appropriate) at the earliest opportunity. A report to Police and/or DCJ may be a requirement under the NSW Crimes Act 1900 and the NSW Children and Young Persons (Care and Protection) Act 1998.
6.3 Any disclosure of family and domestic violence involving any child or young person (where that child is directly experiencing family and domestic violence or is in a home where they witness family and domestic violence) may initiate a Risk of Significant Harm report to DCJ, and a report to NSW Police.
6.4 Where an employee makes an allegation of family and domestic violence against another person or is a protected person in any order related to family and domestic violence (i.e. Apprehended Domestic Violence Order (ADVO) or Apprehended Personal Violence Order (APVO)) the employee should provide a copy of the relevant orders to their Manager /Principal to ensure that the school can enact appropriate safety measures for the employee on the school site/school events. Records in relation to staff family and domestic violence will be held confidentially with employee files consistent with the Record (Data) Management and Retention Policy.
6.5 Where an employee is experiencing family and domestic violence a school may contact the SCS Legal team to seek the implementation of an Inclosed Lands Act Order preventing access to the school site of the person accused of family and domestic violence against the employee. Where necessary, the People & Culture team will support an employee experiencing family and domestic violence to apply for a role at a new
location of work.
7.1 It is the expectation of SCS that no staff member will commit any act of family and domestic violence.
7.2 Any employee who is or has been subject to a complaint as a result of family and domestic violence is required to disclose this to their Principal/Manager as soon as possible after being charged by Police and/or is the defendant in an ADVO or APVO.
7.3 Any employee who is, or has, been charged as a result a complaint of family and domestic violence should understand that the matter may trigger a risk assessment under the Child Protection (Working with Children) Act 2012, Working with Children Status and that an outcome of that assessment may include cancellation or revocation of their Working with Children Check Clearance or imposition of an ‘interim bar’.
7.4 Any employee who is or has been charged as a result a complaint of family and domestic violence or is the defendant in an ADVO/APVO involving a child needs to be aware that they will be subject to a reportable conduct investigation under the NSW Children’s Guardian Act 2019 and that they may be immediately placed on leave or stood down without pay consistent with the provisions of the relevant enterprise agreement or may
be terminated by SCS.
7.5 Any employee who is or has been charged with criminal offences as a result of a complaint of family and domestic violence or is the defendant in an ADVO/APVO involving an adult needs to be aware that they may be immediately placed on leave or stood down without pay consistent with the provisions of the relevant enterprise agreement or may be terminated by SCS.
7.6 Any employee who is convicted of a criminal offence as a result of a complaint of family and domestic violence may be terminated as an employee of SCS after an appropriate employment process and relevant risk assessment.
8.1 SCS Principals and Managers
8.1.1 Take reasonable steps and ensure that SCS staff and students are safe.
8.1.2 Notify NSW police and DCJ (where required) of any allegation of family and domestic violence disclosed by a student, staff or community member.
8.1.3 Provide staff who disclose that they are the victim of or are caring for a person experiencing family and domestic violence with access to EAP ACCESS Counselling and advise them of the availability of paid FDVL and the right to request a flexible work arrangement.
8.1.4 Obtain copies of any legal orders that are applicable to the situation and store securely in line with the Record (Data) Management and Retention Policy.
8.1.5 Contact the People & Culture team to discuss any additional needs including support to apply for a role at a new, undisclosed workplace.
8.1.6 Give appropriate support to students who disclose that they are the victim of, or are caring for, a person experiencing family and domestic violence.
8.1.7 Subject to limited exceptions (including mandatory reporting and safety), to keep information and evidence about family and domestic violence confidential.
8.2 SCS Staff
8.2.1 Take reasonable steps to ensure that school colleagues and students are safe and protected from risks.
8.2.2 Notify the Principal/Manager of any disclosure of family and domestic violence made to the staff member by a member of the school community.
8.2.3 Notify the Principal/Manager of any allegation of family and domestic violence against a member of the school community, which the employee becomes aware of during the course of their employment.
8.2.4 Advise colleagues who disclose that they are the victim of, or are caring for, a person experiencing family and domestic violence that they have access to EAP ACCESS Counselling and advise them of the availability of paid FDVL leave and the right to request flexible work arrangements.
8.2.5 Give appropriate support to students who disclose that they are the victim of, or are caring for, a person experiencing family and domestic violence or who have disclosed that they are aware that another person is experiencing family and domestic violence.
8.2.6 Subject to limited exceptions (including mandatory reporting and safety), keep information and evidence about family and domestic violence confidential.
8.3 Parents/Carers
8.3.1 Where a parent/carer (or their child) is involved in any criminal proceedings related to family and domestic violence or are under the protection of an ADVO/APVO, they must provide relevant documentation to the Principal as soon as practicable after an order is made.
8.3.2 Parents/carers must ensure that the school holds up-to-date court orders throughout the child’s enrolment including relevant Family Court or criminal court orders.
8.3.3 Parents/carers who become aware, or are made aware, by their child or young person that another member of the school community is experiencing family and domestic violence, or is involved in any criminal proceedings relating to family and domestic
violence, must disclose this to the school Principal.
8.4 SCS students
8.4.1 Where students become aware that another student or person is experiencing family and domestic violence the student should tell their teacher or Principal as soon as possible.
8.4.2 Students need to be aware that unless they report family and domestic violence to a trusted adult in the school, appropriate support cannot be provided to victims or families experiencing family and domestic violence.
If you have any questions about the policy or would like further information, please contact the People and Culture Services team by email at pcservices@syd.catholic.edu.au, or phone (02) 9568 8297.
• Policy Number: SCS2023023
• Document Rescinds / Replaces: HR201811-1.1
• Date Released: 31 July 2023
• Review Date: 31 July 2025
• Policy Type: Operational
• Audience: Public
• Approved by: Executive Director
• Document Owner: Director, People & Culture