The Victorian government has introduced a landmark bill to parliament that would ban the use of non-disclosure agreements (NDAs) in workplace sexual harassment cases, unless expressly requested by the employee. The proposed legislation, announced by Premier Jacinta Allan and Industrial Relations Minister Jaclyn Symes, aims to prevent victim-survivors from being silenced.
Under the bill, complainants would also have the right to waive their own confidentiality after 12 months and disclose the existence of an NDA to health workers, police, and lawyers. Additional safeguards include a mandatory information statement and a 21-day cooling-off period before signing, with employers prohibited from pressuring workers to sign.
“We heard from victims who have been silenced in the workplace, and this legislation will make sure they have a voice,” Allan said. Symes added that NDAs are “too often misused” and the laws are about “putting the voices of victim-survivors first.”
The bill is the first in Australia to restrict NDA use, following similar moves in Ireland, Canada, and some US states. Research published in 2024 by the University of Sydney found NDAs were considered “standard practice” in sexual harassment settlements, with 75% of legal practitioners never resolving a case without one.
Wil Stracke, assistant secretary at Victorian Trades Hall Council, called the laws “gamechanging” and a “positive step towards ending sexual harassment in workplaces.” The government committed to restricting NDAs in 2022 following a ministerial taskforce investigation.
