This article examines the workplace rights and anti-discrimination protections available for Australian workers who experience family violence. Despite the significance of family violence as a workplace issue, federal anti-discrimination law and, until recently, the Fair Work Act 2009 (Cth) have failed to provide adequate protection to such employees. The author considers two recent developments in Australian law which may provide more comprehensive rights and protections for family violence victims. Namely, the introduction of domestic violence leave by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) and the family violence attribute under the ACT Discrimination Act 1991.
This article examines compassionate sentencing as a model of therapeutic jurisprudence. More specifically, it makes the case for the use of compassionate sentencing as a method for the criminal justice system to better respond to cases of domestic violence victims who kill their abusive partners. By applying a discourse analysis to two case studies, I illustrate the nature and benefits of a compassionate approach to sentencing. Namely, ensuring individualised justice, increasing the therapeutic potential of the law and contributing to more nuanced social constructions of domestic violence.
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