Non-disclosure agreements in sexual harassment situations face restrictions
Australian workplaces are undergoing significant legal and cultural transformation.
Victoria is leading the way in workplace safety and accountability, introducing the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Bill 2025. This landmark legislation aims to end the routine use of non-disclosure agreements (NDAs) that have historically silenced victims and shielded repeat offenders. If passed, it will empower survivors, promote transparency, and set a new standard for workplace settlements.
On 29 October 2025, the Victorian Government introduced the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Bill 2025. This marks a significant change in how workplace sexual harassment cases are to be settled in the future.
NDAs are currently regarded as a default mechanism in the resolution of workplace sexual harassment matters. Research indicates that 75% of legal practitioners had never settled a sexual harassment issue without a stringent NDA. This Bill will disrupt the status quo by restricting the use of NDAs and addressing concerns that NDAs have been used to silence victim-workers, protect repeat offenders and diminish employer accountability.
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