Keeping Your Staff Safe: Domestic Violence And Working From Home

Flexible work has many benefits. But for some team members, working from home can also increase exposure to domestic and family violence (DFV). When the home is not a safe place, the workplace may be the only lifeline - even when “the workplace” is now a laptop and a kitchen table.

As an Australian employer, you have a legal and moral responsibility to keep people safe so far as reasonably practicable. That includes thoughtfully managing remote work risks, privacy, communication and support pathways when DFV is a factor.

In this guide, we’ll break down your safety obligations, practical steps to set up a safe work-from-home framework, and the policies and documents that help you protect your people with care and confidence.

Why Domestic And Family Violence Requires A New Look At Remote Work

Domestic and family violence isn’t only physical. It includes coercive control, psychological abuse, technology‑facilitated abuse (e.g. monitoring devices, stalking through shared accounts), financial abuse and threats. When an employee works remotely, these risks can intersect with the workday in confronting ways.

Common WFH risk scenarios include:

• Calls or video meetings being overheard or interrupted by a perpetrator.
• Work laptops or phones being monitored, accessed or confiscated.
• Safe travel to the office becoming limited or impossible (e.g. after separation or where orders are in place).
• Fatigue, trauma and medical needs impacting work patterns, attendance and availability.
• Perpetrators using workplace information (emails, calendars, rosters) to track the employee.

This is why a “copy and paste” remote work policy won’t cut it. You need targeted controls and compassionate processes that allow affected staff to work safely, keep their job, and access support.

What Are My Legal Obligations As An Employer In Australia?

Your health and safety duties extend to the place work is performed - including a home office. Under work health and safety (WHS) laws, you must eliminate or minimise risks to health and safety so far as reasonably practicable. That duty includes psychosocial hazards like violence and harassment, stalking, and coercive control. It’s part of your broader duty of care.

Fair Work And Leave Entitlements

All employees (including casuals) are entitled to 10 days of paid family and domestic violence leave in a 12‑month period (for non‑small business employers; small business arrangements differ if within transitional periods). In addition, flexible work requests, personal/carer’s leave, unpaid leave and variations to hours can be used to support safety.

Ensure your HR processes are set up to handle sensitive leave requests discreetly, and keep records confidential.

Privacy And Confidentiality

Information about an employee’s experience of DFV is highly sensitive. If you collect, store or share personal information while providing support, you need appropriate safeguards and clear access controls. Having a tailored Privacy Policy and internal procedures gives staff confidence their information will be handled lawfully and respectfully.

Anti‑Discrimination And Adverse Action

Employees must not be disadvantaged for disclosing DFV or for seeking flexible arrangements to stay safe. Decisions around performance, rostering or termination need to factor in the context and be supported by fair, documented processes.

Put simply: the law expects you to anticipate these risks, make reasonable adjustments, and respond appropriately when staff ask for help.

How To Build A Safe Work‑From‑Home Framework (Step By Step)

You don’t need to reinvent your entire HR system. Start with a structured plan and embed practical controls into today’s processes.

1) Identify Risks And Design Reasonable Controls

Run a WHS risk assessment specifically for DFV in remote settings. Consider:

• Private communication options (e.g. text check‑ins, agreed code words, alternate email).
• Technology risks (shared devices, compromised passwords, location sharing, caller ID exposure).
• Safe work scheduling (e.g. varied hours, protected “quiet” blocks, minimal video use).
• Alternate locations (hot desks, safe rooms on work premises, co‑working spaces).
• Escalation pathways (HR, a trained contact person, EAP, emergency services).

Document these risks and mitigations in your WHS records and team policies.

2) Create Or Update Your Remote Work And DFV Policies

Clear policies give managers and staff a shared roadmap. A dedicated Workplace Policy on DFV and remote work should cover:

• How staff can confidentially disclose concerns and who they can contact.
• Available adjustments (flexible hours, alternative workplaces, equipment, communication changes).
• How information will be recorded, stored and shared internally.
• Emergency procedures (including when to call 000 and post‑incident support).
• Record‑keeping and privacy safeguards.

Bundle this with your broader Staff Handbook so it’s easy to find alongside other safety and conduct standards.

3) Put The Right Contracts And HR Tools In Place

Well-drafted contracts and HR documents set expectations early. Your Employment Contract can reference remote work arrangements, equipment care, confidentiality and safety obligations, with your policy doing the heavy lifting on processes and supports.

If your team handles sensitive data or has access to employee information systems, reinforce confidentiality and access controls in role descriptions and onboarding materials.

4) Train Managers And Set Up Safe Communication Channels

Leaders need to recognise DFV red flags and know how to respond. Train managers on:

• Responding to disclosures with care (listen, validate, refer to support, avoid judgment).
• Making reasonable adjustments promptly and documenting what’s agreed.
• Using agreed “safe” communication methods, including alternatives to video.
• Escalation steps and record‑keeping.

Map out approved channels for sensitive conversations and store them in your internal comms standards. If you maintain specific rules for internal comms, make sure they align with Australian requirements around workplace communication legislation.

5) Coordinate Safety Plans With The Employee

Workplace safety plans are practical. They might include:

• Safe contact methods and times.
• Code words or phrases that signal immediate risk.
• Alternate locations for work or meetings.
• Adjustments to roster visibility and calendar sharing.
• Steps to secure devices, accounts and physical documents.

Review these plans regularly and adapt as circumstances change.

Privacy, Security And Protecting Sensitive Information

Protecting privacy is central to keeping affected employees safe. Think top‑to‑bottom: how information is collected, who can see it, how long you keep it, and how it’s protected.

Minimise Collection And Restrict Access

Only collect details that are necessary to provide support or meet legal obligations. Save records in a secure location with limited, role‑based access. Avoid storing sensitive notes in shared HR folders, email chains or open ticketing tools.

Harden Your Tech Setup

• Mandate strong passwords and multi‑factor authentication on all accounts.
• Disable geotagging and location sharing where appropriate.
• Provide guidance on separating personal and work devices or profiles.
• Default to audio‑only calls and blurred backgrounds if video is unsafe.

Have Clear Privacy Guidance For Staff

Because DFV disclosures often involve sensitive personal information, equip your team with an Employee Privacy Handbook and a public‑facing Privacy Policy so everyone understands how information is handled and who to contact about concerns.

Responding To A Disclosure: Practical Do’s And Don’ts

It’s normal for managers to feel unsure. A simple, compassionate framework helps.

Do This First

• Thank them for telling you. Believe them and acknowledge it took courage.
• Ask about immediate safety. If there’s imminent danger, call 000.
• Offer options, not ultimatums: leave, flexible work, alternate locations, EAP and external supports.
• Agree on safe ways to communicate and what will be recorded.
• Document the facts sensitively and store the record securely.

Avoid These Pitfalls

• Do not investigate beyond what’s necessary for workplace safety.
• Don’t promise absolute confidentiality - explain who may need to know and why.
• Don’t require proof. Access to leave and adjustments shouldn’t depend on sharing police reports or orders, unless required by law or policy in specific cases.
• Don’t delay adjustments while waiting on paperwork.

Managing Performance And Attendance

When performance issues arise, pause and consider whether DFV factors are in play. Adjust goals and timelines where reasonable, record decisions clearly, and keep support options open. The aim is to retain employment where safe and possible.

Essential Policies And Legal Documents To Have In Place

Getting your paperwork right makes it easier to act quickly and consistently. At a minimum, consider these tools.

• Employment Contract: Sets expectations for confidentiality, safe work practices, equipment and flexible work arrangements, and links to your policies.
• Workplace Policy (DFV and Remote Work): Explains support options, procedures for disclosure, privacy safeguards and emergency steps.
• Staff Handbook: Central home for your safety, conduct, flexible work and remote work standards.
• Privacy Policy: Tells staff and applicants how personal information (including sensitive disclosures) is collected, used and protected.
• Whistleblower Policy: Provides a confidential channel to raise serious concerns - useful where DFV risk overlaps with workplace threats or stalking by a staff member.

Not every organisation will need every document in the same form, but most employers benefit from having these tailored to their size, structure and risk profile.

Practical Adjustments And Safety Measures You Can Offer

Reasonable adjustments help people stay safe and employed without overexposing personal details.

• Flexible hours or split shifts to attend appointments or move house.
• Protected time blocks where meetings/calls are minimised.
• Alternate work locations (on‑site safe room, co‑working pass).
• Hardware or software to improve safety (noise‑cancelling headset, privacy screens, password manager, call masking tools).
• Changes to contact details, caller ID settings and calendar privacy.
• Temporary redistribution of customer‑facing or public‑facing duties.

Where an intervention order applies, take steps to protect workplace security: remove personal details from public profiles, review access cards, and ensure the team knows not to share rosters or locations externally.

Culture Matters: Train, Communicate And Review

Policies work best when people trust them. Build a culture where safety is normalised and help-seeking is supported.

• Run regular training for managers and HR on responding to DFV, confidentiality and reasonable adjustments.
• Communicate available supports clearly during onboarding and in regular all‑hands updates (with a link to policies and EAP).
• Set and monitor KPIs that value safety (e.g. response time to requests, anonymous feedback scores).
• Audit your processes yearly and after any incident, then update documents accordingly.

If in doubt at any point, it’s wise to get legal guidance early to ensure your approach is trauma‑informed and compliant.

Key Takeaways

• Your WHS obligations extend to home offices - domestic and family violence is a foreseeable risk you need to plan for as part of your duty of care.
• Build a clear framework: a DFV‑specific remote work policy, confidential reporting pathways, safe communication options, and practical adjustments that can be deployed quickly.
• Protect privacy by minimising data collection, restricting access, and using an Employee Privacy Handbook alongside a public Privacy Policy.
• Train managers to respond with care, make reasonable adjustments promptly, and record decisions sensitively and securely.
• Put the right documents in place - your Employment Contract, DFV Workplace Policy and Staff Handbook - so everyone knows what to expect.
• Culture counts: communicate supports, review your processes regularly, and encourage staff to seek help without fear of stigma or adverse action.

If you’d like a consultation on setting up domestic and family violence-safe working from home policies and documents for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.