1800 992 842

Victoria leads the nation with ban on employer-driven non-disclosure agreements in workplace sexual harassment cases

Illustration by: Tariq Kahn
“Non-disclosure agreements should never be used to bury misconduct or silence people who have already been harmed. This Bill is a huge step toward safer, fairer workplaces for women and non-binary people,” says Claudia Fatone, CEO of Women’s Legal Service Victoria. “The experiences of victim-survivors – and their willingness to speak out despite the risks – are at the heart of this reform.”
Share

The Victorian Parliament has set a new national benchmark for transparency and accountability when it comes to sexual harassment in the workplace, ending the practice of silencing victim-survivors through non-disclosure agreements (NDAs).  

Women’s Legal Service Victoria CEO, (Working Women’s Centre Victoria consortium partner) Claudia Fatone said the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Bill 2025 (Vic) is a significant step forward for women and non-binary people’s safety and dignity. 

 “Non-disclosure agreements should never be used to bury misconduct or silence people who have already been harmed. This Bill is a huge step toward safer, fairer workplaces for women and non-binary people.” 

“We see firsthand how non-disclosure agreements can perpetuate harm, prevent accountability, and entrench power imbalances between employers and workers. Our frontline experience also demonstrates that workplace harms are rarely confined to a single issue – discrimination, harassment, and violence often occur on multiple, intersecting grounds that cannot be neatly separated.” 

Working Women Centre Victoria works with women and non-binary people across Victoria, providing trauma-informed information, advocacy, advice and assistance on workplace issues, including sexual harassment.  

Ms Fatone said the ban on employer-led NDAs is a result of  the courage and persistence of victim-survivors of workplace sexual harassment, advocates, community organisations and unions. 

“The experiences of victim-survivors – and their willingness to speak out despite the risks – are at the heart of this reform,” Ms Fatone said. 

“As the debate on this bill showed us, sexual harassment in the workplace is everywhere and women and non-binary people who report sexual harassment are often punished more harshly than the person who harmed them – through career damage, defamation threats, loss of income, and reputational blowback”. 

“We commend the Victorian Government for listening to the voices of victim-survivors of workplace sexual harassment and thank the progressive crossbench – including Georgie Purcell from the Animal Justice Party, Rachel Payne from Legalise Cannabis, Aiv Puglielli from The Greens and Richard Welch from the Liberal Party for their principled support in strengthening protections for workers. We also thank the Attorney-General and her office for their constructive engagement throughout this process”.

Key reforms include: 

  • Restricting NDAs to complainant-requested circumstances only, ensuring confidentiality clauses can never be employer-initiated or imposed as a condition of settlement.  
  • Setting out comprehensive, trauma – informed permitted disclosures, including disclosures to lawyers, police, health practitioners, and trusted support people.  
  • Introducing safeguards to prevent coercion, making clear that NDAs cannot be pressured, misrepresented, or used as a default term by employers.  
  • Including introducing a document that requires both the complainant and employer to sign that all the preconditions have been.  
  • Requiring NDAs to be written in clear, plain language, ensuring complainants understand their rights and obligations. 
  • Providing a 21-day review period before signing an NDA, supporting informed decision-making and access to advice.  
  • Allowing complainants to terminate an NDA after 12 months, without affecting any settlement payment or agreement made and releasing both parties from confidentiality obligations. 
  • Requiring employers to provide a standardised information statement, outlining all rights, permitted disclosures, and protections under the Act.  

Victoria now leads the nation on NDA restrictions in workplaces, paving the way for similar reforms across Australia. 

“We will continue to work closely with Working Women’s Centres in every jurisdiction to advance this momentum as part of a coordinated national campaign led by Working Women’s Centres Australia,” Ms Fatone said. 

Claudia Fatone, Women’s Legal Service Victoria and Working Women’s Centre Victoria:
 
“Restricting NDAs will help restore dignity to those who have been silenced. It sends a clear message: secrecy should never come at the expense of safety and justice. Preventing sexual harassment in the workplace starts with transparency.”
 
Melissa Hardham, Westjustice and Working Women’s Centre Victoria:
 
“No victim-survivor should be silenced when they want to speak. If they have this remarkable courage, the law should empower them to make that decision for themselves. We welcome this nation-leading reform and look forward to it being adopted across the country.”
 
Jenni Smith, Northern Community Legal Centre and Working Women’s Centre Victoria:
 
“This new legislation restores dignity, promotes transparency, and affirms that secrecy must never come at the expense of safety or justice. It limits the use of NDAs to protect perpetrators, ensuring victim-survivors can access justice and helping prevent future misconduct.”
 
Ashleigh Newnham, South-East Monash Legal Service and Working Women’s Centre Victoria:
 
“This reform protects the voice and agency of victim-survivors. For too long, those in power have used NDAs to silence workers who’ve experienced sexual harassment. By making NDAs survivor-led, Victoria is setting a new standard for fairness and transparency.
 
“Sexual harassment and other employment law issues often intersect, affecting workers’ safety, dignity, and economic security. No one should have to navigate these issues alone. That’s why we’re calling for free, independent, trauma-informed legal advice for anyone considering an NDA. This reform helps rebalance power. Real change means ensuring access to legal help.”
 

Media contact: Tash Howson PH: 03 8622 0620 E: media@womenslegal.org