VIC to Restrict NDAs to Address Workplace Sexual Harassment

Original article published by NSCA Foundation

Victorian Minister for Workplace Safety Ingrid Stitt has released the recommendations from the Ministerial Taskforce on Workplace Sexual Harassment, along with the government’s response, to better protect Victorians from sexual harassment in the workplace. The Victorian Government will introduce reforms to change the way employers deal with workplace sexual harassment, by restricting the use of non-disclosure agreements (NDAs) for workplace sexual harassment cases, which are often misused to silence victim-survivors, protect employer reputations, avoid full liability and hide serial offending. This will require close consultation with victim-survivors, unions, business and the legal profession to develop the appropriate model and scope of the restriction before introducing legislation.

“A workplace that is not free from sexual harassment is not a safe workplace. These reforms will ensure employers understand they have clear occupational health and safety obligations to protect workers from sexual harassment,” Stitt said.

The Victorian Government has also accepted the recommendation to treat sexual harassment as an occupational health and safety issue and will help WorkSafe Victoria build its capacity to table sexual harassment with almost $7 million over three years in the Victorian Budget 2022/23. This will allow WorkSafe to expand its WorkWell program and dedicate part of it to preventing workplace sexual harassment — the WorkWell program provides employers with access to resources and funding opportunities to prevent mental injury and promote safe and mentally healthy workplaces.

“It has taken the strength of many women who have spoken out, shared their experiences and continued to fight for a better culture to arrive at these recommendations. Today we’re taking further steps towards ensuring all workplaces are safe,” said Minister for Women Natalie Hutchins.

According to the Australian Human Rights Commission, one in three people have been sexually harassed at work in the past five years. The government’s plan to tackle sexual harassment in Victorian workplaces includes introducing de-identified employer reporting to WorkSafe on workplace sexual harassment as part of proposed new psychological regulations.

The Taskforce was co-chaired by Parliamentary Secretary for Workplace Safety Bronwyn Halfpenny and workplace injury lawyer Liberty Sanger. It included representatives from unions, employer groups, legal professionals and vulnerable workers. “Our recommendations will place Victoria as the leader when it comes to preventing and responding to work-related gendered violence and sexual harassment through greater awareness, accountability and tougher enforcement,” Sanger said.

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