From 1 July 2026 the use of non-disclosure agreements (NDAs) in work-related sexual harassment cases will be limited unless the NDA is requested by the victim or alleged victim of the conduct.
A non-disclosure agreement (‘NDA’) is any contract (e.g. a deed or a settlement agreement), or clause within a contract, that prevents a person from disclosing certain information. In the context of sexual harassment at work parties might sign a contract that contains an NDA in order to avoid costly and lengthy court proceedings.
The Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025 is nation first and world leading legislation that protects the voices of victim survivors. This legislation is a huge win for workers in Victoria and was won through years of tireless campaigning by women in union that platformed rank-and-file member stories, highlighting the importance of these changes.
The goal of the new law is to minimise the psychological impact on workers who experience sexual harassment at work by ensuring they can speak out about what has happened to them. For decades, NDAs have been used not as tools of resolution, but as instruments of concealment. In cases of workplace sexual harassment, NDAs have routinely silenced victims, shielded perpetrators, and protected employer reputations at the expense of justice.
As reported by SafetyNet in November last year, the new law will be a gamechanger for workplace safety and survivors’ rights.
The Restricting Non-Disclosure Agreements (Sexual Harassment at Work) legislation will:
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prohibit NDAs, unless requested by the complainant
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impose mandatory requirements for information statements and a review period before a worker signs an NDA
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prohibit an employer from pressuring or influencing a worker to enter an NDA
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allow a worker who has entered into an NDA to talk to certain people and bodies such as Victoria Police, and medical and legal professionals
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allow a worker to end an NDA after 12 months by giving notice to the other party.
There are also new rules about the NDAs that might be entered into in the context of workplace sexual harassment allegations, including:
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The NDA must be in plain language
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The NDA must not limit a person from disclosing the identity of the alleged perpetrator, details of the sexual harassment and the name of the workplace in which it occurred to persons or bodies including:
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Union workers
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WorkSafe agents
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Lawyers
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The employer or a prospective employer
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A friend or family member who agrees to keep matters confidential
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IBAC
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Mental health and wellbeing professionals, as well as medical practitioners
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A minister of religion
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The police
These rules only apply to new NDAs agreed to on or after 1 July 2026.
If a Victorian worker does agree to sign an NDA relating to work-related sexual harassment on or after 1 July 2026, the new laws also make provision for them to terminate that part of the contract or agreement after 12 months if they give written notice to the other party at least 7 days before the date of the termination of that clause takes effect.
Employees who have been the victim of work-related sexual harassment, and HSRs supporting them through this time, are encouraged to contact their union for support and guidance.