On 29 October, the Victorian Government introduced a long-awaited bill to restrict the use of non-disclosure agreements (NDAs) in cases of workplace sexual harassment. It's a reform survivors and unions have been calling for, for years.
Premier Jacinta Allan, our Assistant Secretary Wil Stracke, Jessica Dawson-Field from Maurice Blackburn lawyers at the Parliament to announce the introduction of a bill to end NDAs on sexual harassment cases at work. © Lara Levy, VTHC
Until now, workers who experienced sexual harassment at work could be forced into silence. Employers routinely used NDAs in settlement agreements to stop people from speaking out, even to their union, a lawyer, a doctor, colleagues, or loved ones.
But that's about to change.
On 29 October, after years of union campaigning, the Victorian Government introduced a bill in Parliament that finally tackles this harmful practice. When passed, it would put an end to the widespread use of NDAs to silence victims and shield perpetrators.
“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.” – Wil Stracke, Assistant Secretary, Victorian Trades Hall Council
What’s an NDA and why is it harmful in cases of sexual harassment?
NDAs, or non-disclosure agreements, are confidentiality clauses often included in settlements between employers and workers. In cases of sexual harassment, they’ve been used to isolate survivors and prevent them from telling their story or seeking support.
96% of survivors who shared their experience with us said they didn’t believe NDAs should be used to resolve workplace sexual harassment cases. They told us 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.
These agreements don’t protect workers. They protect perpetrators and the employers who let them get away with it.
“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.” – Wil Stracke
A law to end impunity: what would change
If passed, this new legislation would mean that employers could no longer force workers to sign an NDA as part of resolving a sexual harassment complaint.
For an NDA to be valid under the new rules, the following conditions must be met:
• It must be requested by the survivor, not the employer
• The employer must provide clear and accessible information about the worker’s rights and obligations
• Even if an NDA is signed, the survivor can still speak to their union, friends and family, medical or legal professionals, regulators and support organisations
• The survivor will also have the right to revoke the NDA after 12 months if they choose
This reform centres the safety, rights and agency of workers, not the image of employers.
Years of campaigning behind this change
This bill is the result of years of collective organising by union members, survivors and allies across the state.
Since 2022, our “End the Silence” campaign has brought this issue to the forefront through mass grassroots action.
Together, we have:
• Mobilised over 300 union activists
• Met with 70 Members of Parliament
• Collected more than 8,000 petition signatures
• Gathered 256 testimonies from survivors
We also coordinated a massive joint response to the government’s NDA inquiry, where nearly 90% of submissions supported strong, survivor-centred reform.
“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 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.” – Wil Stracke
The fight continues until the bill becomes law
Introducing this bill is a major step. But the fight isn’t over yet.
The legislation will be debated over the coming weeks, and we’ll be watching every step of the way to make sure that survivors’ voices remain central and that the final law truly protects workers.
This reform must reduce the psychological and social harm caused by harassment, acknowledge the power imbalance between employers and workers, protect the most vulnerable, and put an end to NDAs being used to cover up abuse.
We’ll keep fighting until this bill passes, and until no worker is ever silenced again.
Join your union. Speak up. Together, we’ll end the silence!
Premier Jacinta Allan, our Assistant Secretary Wil Stracke, Jessica Dawson-Field from Maurice Blackburn lawyers, Carolyn Dunbar and Lilly Hallett at the Parliament to announce the introduction of a bill to end NDAs on sexual harassment cases at work. © Lara Levy, VTHC