Victoria Restricts NDAs in Workplace Sexual Harassment Cases
Victoria has become the first Australian state to restrict non-disclosure agreements in workplace sexual harassment cases, effective 1 July 2026.
The following is an abridgement of an article originally published by NSCA Foundation.
Legislative Changes
Victoria has restricted the use of non-disclosure agreements (NDAs) in workplace sexual harassment matters under the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025, effective 1 July 2026.
According to the NSCA Foundation, workers can no longer be asked to sign NDAs that prevent them from discussing their experiences or naming harassers aged 18 or older. The legislation prohibits treating NDAs as a standard part of resolving complaints.
Conditions and Exceptions
The NSCA Foundation reports that NDAs are now only permitted if expressly requested by the complainant, following a mandatory information statement and review period, without pressure or influence.
Complainants retain the right to disclose information to permitted recipients, including legal practitioners, medical professionals, support persons, WorkSafe and Victoria Police.
Background and Employer Action
The reforms follow findings by the Victorian Ministerial Taskforce on Workplace Sexual Harassment, which determined that NDAs were frequently used to silence complainants.
The NSCA Foundation advises employers with operations in Victoria to review their dispute-resolution and settlement documentation to ensure compliance with the new requirements.
