After a three-year union campaign, Victoria has achieved a world-leading first in the fight to make workplaces safer for women.
Non-disclosure agreements (NDAs) are legal confidentiality clauses that are meant to protect trade secrets, but they have become an all-too-common part of settling workplace sexual harassment complaints. Research in 2024 [PDF] revealed that around three quarters of such settlements now include an NDA.
Victim-survivors often feel they have no choice but to sign, which not only prevents them from speaking out – even to their union, a lawyer, a doctor, colleagues or loved ones – it protects the perpetrator, and puts other potential victims in danger.
The Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025 is a world-first piece of legislation designed to stop this unethical and harmful practice.
Why are NDAs being used in cases of workplace sexual harassment?
In almost all cases of workplace sexual harassment where an NDA has been signed, it has been the employer who has requested – or demanded – it. Usually this is an effort to prevent reputation damage, sometimes dressed up as concern for the victim’s mental health.
Union research found that 96 per cent of victim survivors didn’t believe NDAs should be used in this way. They said they regretted signing an NDA, and that they wouldn’t have agreed to it if they’d known about the long-term personal impact of being forced into silence.
What are the changes, and how will they protect victims?
While the new laws will not ban the use of NDAs in workplace sexual harassment cases, they will now come with very strict pre-conditions that will protect victims, not perpetrators.
Only victims can initiate
First and foremost, employers will no longer be able to initiate an NDA, not to pressure a worker to sign. An NDA will only be allowed if a victim-survivor requests it. While most survivors have said they regretted signing an NDA, this provision allows for the fact that some do still see value in them – for example, they may want to silence their employer from being able to use their story.
Right to revoke
Significantly, even if a worker requests an NDA, they will now have the right to revoke it after 12 months. This termination waiver is only available to the worker; the employer will not be able to revoke an NDA at any point, and they will not be able to compel repayment of any financial compensation in the event of the NDA’s termination, even if compensation was a condition of the NDA.
This provision could be especially useful if it becomes apparent that the perpetrator is a repeat offender.
Permitted disclosures
Another important aspect of the new law that unions fought for are the permitted disclosures. This means that even if a worker initiates and signs an NDA, they will still be able to talk about their case with certain parties while the NDA is active. These include:
- lawyers
- unions
- medical and/or mental health professionals
- Victoria Police
- WorkSafe or other industrial integrity or investigatory bodies
- Friends or family members – for personal support, as long as the friend or family member agrees to confidentiality
- prospective employers – for example, to explain why there might be a gap in the victim’s CV.
The legislation will also prevent an NDA being proactively inserted into employment contracts if it would have the effect of preventing a worker from disclosing information about workplace sexual harassment. NDAs will additionally not be enforceable if they would prevent an employer from conducting an investigation.
What it means for victim-survivors?
The legislation is about restoring choice, agency and support to workers subjected to sexual harassment. It will improve transparency and accountability, and ends the ability of employers to cover up sexual harassment. It will put perpetrators on notice.
The Bill was passed without opposition on 20 November 2025. The Act is due to take effect from November 2026.
