Domestic Violence—Victims' Protection Bill

  • enacted

Jan Logie

Domestic Violence—Victims’ Protection Bill

Member’s Bill

215—2

Contents

Key
1Title
2Commencement
Part 1
Domestic Violence Act 1995
3Principal Act
4Section 2 amended (Interpretation)
5Section 5 amended (Object)
Part 2
Employment Relations Act 2000
6Principal Act
Amendments to Part 6AA (flexible working)
6ASection 69AA amended (Object of this Part)
6BSection 69AAA amended (Interpretation)
New Part 6AB inserted
7New Part 6AB inserted (Flexible working for victims of domestic violence)
Part 6AB
Flexible working for victims of domestic violence
69ABObject of this Part
69ABAInterpretation
69ABBRequest
69ABCEmployer’s duties
69ABDRefusal
69ABEDisputes
69ABFLabour Inspectors
Part 6AB
Flexible working short-term for people affected by domestic violence
69ABObject of this Part
69ABAInterpretation
Employee’s statutory right to make request
69ABBWhen and why employee may make request
69ABCRequirements relating to request
Duties of employer
69ABEEmployer must notify decision as soon as possible
69ABEAProof of domestic violence
69ABFGrounds for refusal of request by employer
Resolving disputes
69ABGEmployee has choice of procedure at initial stage
69ABHMediation after initial reference to Labour Inspector
69ABIApplication to Authority after initial or later reference to mediation
69ABJPenalty
69ABKLimitation on challenging employer
7ASection 69J amended (Employment of employee who elects to transfer to new employer treated as continuous)
Amendments related to adverse treatment in employment of people affected by domestic violence
7BSection 103 amended (Personal grievance)
8Section 105 amended (Prohibited grounds of discrimination for purposes of section 104)
8New section 108A inserted (Adverse treatment in employment of people affected by domestic violence)
108AAdverse treatment in employment of people affected by domestic violence
8ASection 111 amended (Definitions relating to personal grievances)
8BSection 123 amended (Remedies)
Consequential amendments related to new Part 6AB
8BASection 135 amended (Recovery of penalties)
8CSection 137 amended (Power of Authority to order compliance)
8DSection 161 amended (Jurisdiction)
8ESection 179B amended (Limitations on consideration by Employment Court of matters arising under Part 6AA)
Transitional, savings, and related provisions
8FSchedule 1AA amended
Part 3
Health and Safety at Work Act 2015
9Principal Act
10Section 16 amended (Interpretation)
11Section 37 amended (Duty of PCBU who manages or controls workplace)
12Schedule 2 amended (Obligations of PCBU to health and safety representative)
Part 4
Holidays Act 2003
13Principal Act
Consequential amendments
13ASection 3 amended (Purpose)
13BSection 4 amended (Overview)
13CSection 5 amended (Interpretation)
13DSection 9 amended (Meaning of relevant daily pay)
13ESection 9A amended (Average daily pay)
13FSection 12 amended (Determination of what would otherwise be working day)
13GSection 14 amended (Meaning of gross earnings)
13HSection 16 amended (Entitlement to annual holidays)
13INew section 37A inserted (Employer must allow employee taking annual holidays to take domestic violence leave)
37AEmployer must allow employee taking annual holidays to take domestic violence leave
13JSection 38 amended (Sickness, injury, or bereavement arising before scheduled annual holidays)
13KSection 39 amended (Employer may allow employee to take annual holidays if sick leave or bereavement leave exhausted)
13LSection 61A amended (Sickness, injury, or bereavement on public holiday)
13MSection 71 amended (Payment for sick leave and bereavement leave)
New subpart 5 of Part 2 inserted
14New Part 2, subpart 5 of Part 2 inserted (Domestic violence leave)
Subpart 5—Domestic violence leave
72APurpose of this subpart
72BInterpretationMeaning of person affected by domestic violence
72CRequest for and approval of domestic violence leave
Entitlement to domestic violence leave
72CEntitlement to domestic violence leave
72DWhen entitlement to domestic violence leave arises
72EEmployee must notify employer of intention to take domestic violence leave
72FDomestic violence leave need not be paid out
72GProof of domestic violence
72HDuration of domestic violence leave
Payment for domestic violence leave
72IPayment for domestic violence leave
72JWhen payment for domestic violence leave must be made
Consequential amendments
14ASection 74 amended (Who can enforce Act)
14BSection 75 amended (Penalty for non-compliance)
14CSection 81 amended (Holiday and leave record)
14DSection 83 amended (Failure to keep or provide access to holiday and leave record)
Transitional, savings, and related provisions
14ESchedule 1AA amended
Part 5
Human Rights Act 1993
15Principal Act
16Section 21 amended (Prohibited grounds of discrimination)
Consequential amendment
16Section 21A amended (Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies)
New section 62A inserted
17New section 62A inserted (Adverse treatment in employment of people affected by domestic violence)
62AAdverse treatment in employment of people affected by domestic violence
Transitional, savings, and related provisions
18Schedule 1AA amended
Schedule
Transitional, savings, and related provisions
Legislative history

The Parliament of New Zealand enacts as follows: