The document summarizes two recent Australian Law Reform Commission (ALRC) inquiries related to employment law: the Commonwealth Family Violence Inquiry and the Age Barriers to Work Inquiry. The Commonwealth Family Violence Inquiry examined how legal frameworks could better protect those experiencing family violence, including through leave policies, flexible work, and non-discrimination laws. The Age Barriers to Work Inquiry reviewed laws that could discourage older Australians from working and identified changes to support mature workforce participation, such as promoting flexible work arrangements and updating workers' compensation provisions.

1. Public Sector In-House Counsel Conference
30 July 2013
Recent Developments in Law Reform:
The Laws of Work
Amanda Alford
Acting Senior Legal Officer, ALRC
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Relevant ALRC Inquiries

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The ALRC
Australian Law Reform Commission Act 1996 (Cth)
Financial Management and Accountability Act 1997 (Cth)
The Inquiry Process:

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Commonwealth Family Violence Inquiry

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Commonwealth Family Violence Inquiry
Inquire into and report on the treatment of family violence in Commonwealth
laws, including:
• child support and family assistance law;
• immigration law;
• employment law;
• social security law;
• superannuation law; and
• privacy provisions,
in relation to those experiencing family violence.
Identify what, if any, improvements could be made to relevant legal
frameworks to protect the safety of those experiencing family violence.

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Commonwealth Family Violence Inquiry
In the context of the laws of work, the ALRC’s focus was:
• leave and flexible working arrangements;
• work health and safety;
• statutory protection from discrimination;
• awareness, education, training and policies; and
• research and data collection.

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• Why is family violence a workplace issue?
• Why and how should the employment system identify
and respond to family violence? Overview of the ALRC’s
recommendations and discussion of recent developments.
Commonwealth Family Violence Inquiry

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Commonwealth Family Violence Inquiry
Why is Family Violence a Workplace Issue?
• Effect on employees
• Directly and indirectly manifests in the workplace
• Benefits of employment for victims
• Social and economic cost of family violence

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Commonwealth Family Violence Inquiry
ALRC’s Recommendations and Recent Developments
Disclosure
Verification
Leave and Flexible Working Arrangements
• Family violence leave;
• Family violence clauses in enterprise agreements; and
• The right to request flexible working arrangements
under the Fair Work Act 2009 (Cth).

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Age Barriers to Work Inquiry

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Consider Commonwealth legislation and related legal frameworks that
either directly, or indirectly, impose limitations or barriers that could
discourage older persons from participating, or continuing to participate, in
the workforce or other productive work.
The laws to be considered include:
• superannuation law;
• family assistance, child support and social security law;
• employment law;
• insurance law;
• compensation laws; and
• any other relevant Commonwealth legislation exempt under the Age
Discrimination Act 2004 (Cth).
Identify what, if any, changes could be made to relevant Commonwealth
legislation and legal frameworks to remove such barriers.
Age Barriers to Work Inquiry

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Age Barriers to Work Inquiry
In the context of the laws of work, the ALRC’s focus was:
• National Mature Age Workforce Participation Plan;
• recruitment;
• flexible working arrangements;
• reviewing remaining compulsory retirement;
• work health and safety;
• workers’ compensation; and
• insurance.

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ALRC’s Recommendations and Recent Developments
National Mature Age Workforce Participation Plan
Flexible Working Arrangements
• The right to request flexible working arrangements
under the Fair Work Act 2009 (Cth).
Workers’ Compensation
• Retirement provisions;
• Incapacity payment periods; and
• Consistency across Commonwealth legislation.
Age Barriers to Work Inquiry

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www.alrc.gov.au
Australian Law Reform Commission
GPO Box 3708, Sydney 2001
(02) 8238 6300
info@alrc.gov.au
The ALRC