Domestic Violence and Working from Home

The Intersection of Workplace and Home Safety

As working from home becomes standard for many professionals on the Gold Coast and across Queensland, the boundary between workplace safety and domestic environments has effectively disappeared. For those experiencing domestic and family violence, the home that now doubles as an office may represent neither a safe haven nor a secure workplace.¹

Recent research from the Australian Institute of Criminology reveals concerning trends. Nearly 70% of women who experienced physical or sexual violence from a current or previous partner reported that such violence either first occurred or escalated in frequency and severity when working remotely. Approximately 57% of women who encountered coercive control noted that abusive behaviours either began or intensified following the shift towards remote and hybrid work arrangements.²

These statistics underscore a crucial reality: employers and employees alike must understand both the legal framework and practical measures available to protect those at risk.

Legal Obligations for Employers

Under Australian law, employers have a duty of care to ensure the health and safety of their employees, and this duty does not end at the office door. The Work Health and Safety Act 2011 (Qld) imposes obligations on employers that extend to remote working environments.³ Queensland courts have confirmed that as work arrangements evolve, the boundaries between work and home shift, and employers must scrutinise circumstances where employees operate away from conventional workplaces to establish whether harm is linked to work duties.⁴

Core Employer Responsibilities

Safety Planning and Risk Assessment

Employers must develop confidential protocols for employees at risk. This includes conducting risk assessments that account for the unique vulnerabilities of remote work, such as limited visibility into home environments and reduced access to in-person support networks.⁵

Work from home policies should explicitly address domestic and family violence, providing employees with clear pathways to disclose their circumstances without fear of adverse employment consequences. Training for managers on recognising warning signs such as anxious behaviour about returning to the office, concerning background noises during video calls, or frequent sick leave is essential.⁶

Flexible Work Arrangements

While remote work has become the norm, flexibility must now encompass both directions. Employers should offer employees experiencing domestic violence the option to work from a secure office location, access alternative safe workspaces, or adjust their working hours to avoid periods when an abuser is present at home.⁷

Under the Fair Work Act 2009 (Cth), employees experiencing family and domestic violence have the right to request flexible working arrangements. Employers must not unreasonably refuse such requests and must consider all relevant circumstances, including the employee’s safety needs.⁸

Leave Entitlements

All employees in Australia, including full-time, part-time and casual employees, are entitled to 10 days of paid family and domestic violence leave per year under the National Employment Standards. This leave is in addition to personal and carer’s leave, and does not accumulate from year to year.⁹

Employees can use this leave to:

• Seek medical or legal assistance
• Attend appointments with support services and health professionals
• Attend court appearances
• Relocate to new accommodation
• Arrange childcare assistance
• Make safety arrangements for themselves and their children¹⁰

Employers may request evidence that the employee took the leave to deal with the impact of family and domestic violence, and that it is not practical to do so outside work hours. Acceptable evidence includes statutory declarations, police reports, or documents issued by the court.¹¹

Confidentiality and Non-Discrimination

Employers must ensure that any disclosure of domestic violence is treated confidentially and sensitively. It is unlawful under the Fair Work Act 2009 (Cth) to take adverse action against an employee (or potential employee) because they are experiencing, or have experienced, family and domestic violence. Adverse action includes dismissal, changing job duties to the employee’s disadvantage, or treating them differently to other employees.¹²

Queensland public sector employees may access additional support and protections under the Support for Employees affected by Domestic and Family Violence directive.¹³

Legal Protections for Individuals

If you are experiencing domestic violence while working from home, there are specific legal mechanisms available in Queensland to protect you.

Domestic Violence Orders (DVOs)

A Domestic Violence Order is a court order made under the Domestic and Family Violence Protection Act 2012 (Qld) that sets out conditions the respondent (the person who has committed the violence) must obey.¹⁴ DVOs can include conditions that specifically address your work situation, including:

• Prohibiting the respondent from approaching your home (which is also your workplace)
• Preventing the respondent from contacting you via phone, email, text or social media during work hours
• Requiring the respondent to stay a certain distance from your premises¹⁵

As of 1 January 2026, Queensland Police can also issue Police Protection Directions (PPDs), which provide immediate long-term protection for up to 12 months without requiring court proceedings. Contravening a PPD is a criminal offence with a maximum penalty of three years imprisonment.¹⁶

Applying for a DVO

You can apply for a DVO yourself by completing Form DV01 online or at any Queensland Magistrates Court. Police can also apply on your behalf if they reasonably believe domestic violence has occurred.¹⁷

DVOs made in any Australian state or territory are automatically recognised and enforceable nationwide, including in Queensland. If you have an order from another jurisdiction made after 25 November 2017, it is automatically valid in Queensland without registration.¹⁸

Breaches and Enforcement

If a respondent breaches a DVO or PPD by contacting you at your home office, approaching your residence, or engaging in other prohibited conduct, contact Queensland Police immediately. If you are in immediate danger, call 000.

Breaching a domestic violence order is a criminal offence. Police must investigate if they reasonably suspect a breach has occurred, and the respondent may face criminal charges as well as potential imprisonment.¹⁹

Family Law Considerations

Safety concerns arising from domestic violence have significant implications for family law matters, particularly where children are involved. When determining parenting arrangements, the Family Court considers the need to protect children from physical or psychological harm, including exposure to family violence. Evidence of domestic violence can affect:

• Parenting time and living arrangements
• Communication requirements between parents
• Supervised contact arrangements
• Property settlement negotiations, particularly regarding the family home²⁰

If your home is also your workplace, courts may consider this when making property orders, particularly if remaining in the home is necessary for your employment and financial security.

Workplace Safety Plans

A Workplace Safety Plan is a tailored, confidential document that outlines practical measures to protect an employee experiencing domestic violence. For remote workers, these plans must address the unique vulnerabilities of working from home.²¹

Essential Elements of a Remote Work Safety Plan

Communication Protocols

Establish secure methods for the employee to communicate with their manager or HR without the abuser overhearing. This might include:

• Designated safe times for video calls when the abuser is not present
• Use of private mobile numbers or email accounts not accessible to the abuser
• Code words or signals the employee can use during meetings to indicate they are in danger
• Regular check-ins initiated by the employer rather than requiring the employee to reach out

Technology and Privacy Measures

Review security on work devices and accounts to prevent the abuser from monitoring the employee’s work communications or location. Consider:

• Providing a separate work device not accessible to the abuser
• Enabling two-factor authentication on all work accounts
• Reviewing calendar settings to prevent the abuser seeing scheduled meetings
• Ensuring work-from-home software cannot be used to track the employee’s location or activity

Physical Safety Measures

Where the employee’s home is no longer safe, facilitate alternative work arrangements such as:

• Temporary relocation to a secure office location or co-working space
• Financial assistance with short-term accommodation if required
• Adjustment of work hours to times when the abuser is not present
• Temporary assignment to projects that do not require video calls

Documentation and Evidence

Support the employee to document incidents, including:

• Keeping records of threatening messages or emails
• Photographing injuries or property damage
• Noting dates, times and witnesses to incidents
• Preserving evidence that may support a DVO application or criminal prosecution

Support Services and Resources

If you are experiencing domestic violence, you are not alone. Numerous support services are available in Queensland and across Australia.

Immediate Assistance

• Emergency: If you are in immediate danger, call 000
• DV Connect Womensline: 1800 811 811 (24-hour counselling and refuge referral)
• DV Connect Mensline: 1800 600 636 (24-hour support for men)
• 1800RESPECT: 1800 737 732 (24-hour national counselling, information and support)

Legal Assistance

• Legal Aid Queensland: 1300 65 11 88 (free legal advice for eligible clients)
• Women’s Legal Service Queensland: 1800 957 957
• Queensland Police: 131 444 (non-emergency) or visit your local police station to report domestic violence or apply for a DVO

Workplace Support

Speak with your manager, HR representative, or Employee Assistance Program (EAP) provider about:

• Accessing paid family and domestic violence leave
• Requesting flexible work arrangements
• Developing a confidential workplace safety plan
• Referral to external support services

Moving Forward: Creating Safer Workplaces

The shift to remote and hybrid work has created new challenges in identifying and responding to domestic violence. However, it has also highlighted the critical role that workplaces can play in supporting employees at risk.

Employers on the Gold Coast and throughout Queensland must recognise that the workplace can be one of the few consistent safe spaces for employees experiencing domestic violence. By implementing comprehensive policies, training managers to recognise warning signs, and ensuring employees understand their rights and entitlements, businesses can create environments where staff feel supported to seek help.

For employees, understanding your legal rights is the first step towards safety. You are entitled to take paid leave, request flexible arrangements, and seek legal protection without fear of losing your job or being treated unfairly.

At Bell & Senior, we provide compassionate and experienced legal advice to help navigate these sensitive issues. Whether you need assistance applying for a domestic violence order, understanding your workplace rights, or addressing family law matters affected by domestic violence, we are here to support you. Your safety and privacy are our absolute priority.

We can help you

If you are concerned about your safety while working from home, or need legal advice regarding domestic violence orders, please contact our experienced Gold Coast domestic violence lawyers. We can help you understand your rights and options.

Contact Bell & Senior’s Domestic Violence Team for a confidential discussion. Call (07) 5532 8777.