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New laws to restrict non-disclosure agreements

The state government has maneuverered to restrict the use of non-disclosure agreements (NDAs) in workplace sexual harassment cases.

Legislation to stop the practice of NDAs being used to silence workers and conceal sexual harassment in the workplace, was introduced into state parliament on Wednesday, 29 October.

If passed, the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Bill 2025 will allow victim-survivors to decide whether they want to enter an NDA and offer protections for workers subject, or allegedly subject, to sexual harassment including: prohibiting NDAs unless requested by the complainant; prohibiting an employer from pressuring or influencing a worker to enter an NDA; allowing a worker who has entered an NDA to talk to certain people and bodies such as Victoria Police, and medical and legal professionals and allowing them to end an NDA after 12 months to the other party.

Legislating to restrict the use of NDAs was a key recommendation of the Victorian Ministerial Taskforce on Workplace Sexual Harassment.

Premier Jacinta Allan said that the legislation will ensure victims have a voice.

“How can we have a hope of stopping sexual harassment in the workplace when the conduct gets hidden, the victim gets silenced and the powerful stay protected,” Ms Allan said.

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