Closing Loopholes Review: The Gap Remains. Now Is the Time to Act.
The federal government's Closing Loopholes Review has released its draft report, and there's progress worth welcoming. But there's also a gap it has chosen not to close. Victim-survivors of sexual violence who were assaulted outside a domestic or family relationship still cannot access paid family and domestic violence leave. The review acknowledged this, but ruled fixing it out of scope. Submissions on the draft report close 29 May 2026.
What the review got right
The draft report makes several recommendations that will genuinely help victim-survivors access the leave they're entitled to.
Currently, employees must meet specific conditions to access paid family and domestic violence leave. These conditions can require disclosing detailed information about the nature and impact of the violence they've experienced. The review recommends simplifying this, so that an employee simply needs to show they are unable to work because of family and domestic violence and nothing more.
It also recommends clearer guidance on what evidence employers can reasonably request, and how to ask for it without re-traumatising the person they're asking. These are meaningful changes that reflect a trauma-informed understanding of how violence operates in people's lives.
We welcome them.
“Scope is a choice.”
— Karen Iles, Founder @ Violet Co
The gap that remains
In 2023, Violet Co made a submission to an earlier round of this review calling for one straightforward reform: add the 'S' back into 'DFSV'.
Currently, the Fair Work Act provides 10 days of paid leave for employees experiencing family or domestic violence. But the 61% of sexual assault victim-survivors whose experiences occur outside a domestic or family context, who are assaulted by a coworker, an acquaintance or stranger, have no equivalent entitlement. Although they face the same financial barriers, the same need to attend police interviews, medical appointments and legal consultations, the law treats their experience as categorically different.
The National Plan to End Violence Against Women and Children already groups domestic, family and sexual violence together as DFSV. Most national programs and regulations do the same. The Fair Work Act remains out of step.
The draft report heard this argument. It acknowledged that victim-survivors of sexual violence deserve support. It even noted that the research recommended by the previous review, into how best to support employees who experience non-family sexual violence, has not been undertaken.
Then it concluded that reform is "beyond the scope of this Review."
We disagree. Scope is a choice.
“61% of sexual assault victim-survivors are assaulted outside a domestic or family context.
The Fair Work Act treats their experience as categorically different.”
The draft report is open for stakeholder feedback until 29 May 2026. A final report goes to the Minister by 15 June.
If you are a victim-survivor of sexual violence and need legal support, contact Violet Co at office@violetco.com.au or 1300 846 538.
