Historic legislation to end the misuse of non-disclosure agreements in workplace sexual harassment matters has passed in Victoria! This landmark achievement belongs to every victim-survivor and union member who stood up - together - and said: we will not be silenced anymore.
A non-disclosure agreement (NDA) is a legal contract that establishes confidentiality (keeping secret) a sexual harassment or other workplace issue. It requires the worker who suffered harassment to keep their experience completely confidential - that is, they are not allowed to talk about what happened to them.
Although NDAs require all parties (employer, victim-survivor, and sometimes the perpetrator) to maintain confidentiality, the agreement is almost always requested by the employer, not the employee. Victims of workplace sexual harassment often feel they have no choice but to agree to confidentiality to resolve their complaint.
This creates a culture of secrecy – enabling perpetrators to reoffend, letting employers avoid action to prevent sexual harassment in their workplaces, and preventing victims from openly speaking about their experiences.
The Restricting Non-Disclosure Agreements (Sexual Harassment at Work) legislation will:
- prohibit NDAs, unless requested by the complainant
- impose mandatory requirements for information statements and a review period before a worker signs an NDA
- prohibit an employer from pressuring or influencing a worker to enter an NDA
- allow a worker who has entered an NDA to talk to certain people and bodies such as Victoria Police, and medical and legal professionals
- allow a worker to end an NDA after 12 months by giving notice to the other party.
The new law, which is the first of its kind in Australia and among the first in the world, will be a game-changer for workplace safety and survivors’ rights.
Read the legislation here: Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025