The Victorian Government will introduce new nation-leading laws to restrict the use of non-disclosure agreements in workplace sexual harassment matters.
NDAs, also called confidentiality clauses, are frequently included in the settlement of workplace disputes. They prevent workers from telling their stories and effecting change.
Embargoed 12.01am 29 October 2025
The legislation, which was drafted after extensive government consultations with survivors of workplace sexual harassment, will prevent the ubiquitous practice of silencing victim-survivors during settlement of workplace sexual harassment matters. These laws make real progress towards ending sexual harassment at work.
Women’s rights at work activists, organised through a statewide union campaign, have been agitating for the change for three years. Thousands of workers have advocated for change by sharing their stories, meeting with decision-makers, taking action with their co-workers and more.
Under the Victorian legislation, an NDA must be the choice of the survivor and there must be no coercion or pressure placed on the survivor to request or agree to an NDA. If an NDA is agreed, the victim has a right to terminate it after 12 months. Even with an NDA, a worker may disclose information to a broad range of individuals and organisations, including legal and medical professionals, their union, regulators and family or friends. Survivors must be provided with an information statement about their rights and obligations under an NDA for an NDA to be valid.
Quotes attributable to Wil Stracke, Assistant Secretary, Victorian Trades Hall Council
"Sexual harassment is a scourge in our workplaces. 1 in 3 workers has been sexually harassed in the last 5 years. And non-disclosure agreements have been used to isolate and silence the voices of those victims.
"When we started this campaign, a lot of people said there was no way to stop bosses from using NDAs to silence workers. We were told that the practice was too entrenched and couldn’t be changed. But thousands of working women stood up in their unions and said “this isn’t right." And they demanded better."
"Protecting the reputations of employers and shielding perpetrators from accountability should not be more important than the harm caused to victims and the safety of other workers.
"To their credit, the Victorian Government listened. And through consultation with victim survivors, they were persuaded to make real and meaningful change.
"This new law is game changing. It’s a positive step towards ending sexual harassment in workplaces. Changing workplace cultures starts with transparency. It’s time for employers to take workplace harassment seriously and put safety before silence."
Photo opportunity 4.30pm 29 October
Media Contact Edwina Byrne 0409 017 140
Background to the campaign
In 2020 the Australian Human Rights Commission released the Respect@Work Report following its inquiry into sexual harassment in Australian workplaces. The report recommended that guidance should be published for legal practitioners on the use of NDAs but stopped short of recommending legislative intervention.
In 2021 the Victorian Ministerial Taskforce on Workplace Sexual Harassment was convened to develop reforms to prevent and respond to sexual harassment in Victorian workplaces. The Taskforce recommended the Victorian government introduce legislation to limit the use of NDAs based on best practice international models.
We Are Union Women at Victorian Trades Hall Council have been campaigning to end the misuse of NDAs in workplace sexual harassment matters since 2022.
Throughout the campaign, union women organised actively with more than 300 union activists, met over 70 members of the Victorian Parliament, collected more than 8000 petition signatures, received 256 stories from victims about the trauma they have experienced because of their NDA and put public pressure on companies known to be using NDAs.
VTHC also coordinated mass community, union, legal and civil engagement with the government inquiry into NDAs that received almost 90% support for the strongest possible reform to protect victims-survivors and workers.
96% of victims-survivors who shared their story with VTHC said they did not believe NDAs should be permitted in the resolution of workplace sexual harassment disputes. The same number reported they regretted entering into their NDA and that they would not do it again if they knew the long term personal impact forced silence would have on them.