Common use of Family and Domestic Violence Leave Clause in Contracts

Family and Domestic Violence Leave. 31.1 For the purposes of this clause, family violence is: (a) behaviour by a person towards a family member of that person if that behaviour: is physically or sexually abusive; is emotionally or psychologically abusive; is economically abusive; is threatening; is coercive; or in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; (b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a). 31.2 For the purposes of this clause, a "family member", in relation to a person (a "relevant person"), means: (a) a person who is, or has been, the relevant person's spouse or domestic partner; (b) a person who has, or has had, an intimate personal relationship with the relevant person; (c) a person who is, or has been, a relative of the relevant person; (d) a child who normally or regularly resides with the relevant person or has previously resided with the relevant person on a normal or regular basis; (e) a child of a person who has, or has had, an intimate personal relationship with the relevant person; Or (f) is related to the person according to Aboriginal or Xxxxxx Xxxxxx Islander kinship rules. 31.3 For the purposes of clauses 31.2(b) and 31.2(e), a relationship may be an intimate personal relationship whether or not it is sexual in nature.