The state government will begin consultation on laws to restrict the use of non-disclosure agreements (NDAs) in workplace sexual harassment cases.
The consultation process will seek feedback on a number of potential protections against NDAs being used in such incidents.
These include prohibiting NDAs unless requested by the complainant, ensuring no attempts have been made to pressure or influence a complainant to enter an NDA, and ensuring an NDA does not adversely affect others.
It also includes providing ability for the complainant to decide to waive their own confidentiality in the future, review and ‘cooling off’ periods , and permitted disclosures (including to legal professionals, medical and mental health professionals, prospective employers, union representatives and support people).
Premier Jacinta Allan said that the legislation aims to prevent NDAs being unfairly used by perpetrators.
“Non-disclosure agreements are being used to protect perpetrators and silence victims. That’s flat-out wrong,” Ms Allan said.
Victim-survivor Billie said that they had personally experienced the unfair use of an NDA.
“I was very traumatised at the time and suffering terrible anxiety due to the way I had been treated. I could not stay working at the workplace (due to stress) and I had rent to pay, so I signed the NDA. This was a terrible injustice. It happened many years ago now, but I still clearly remember the trauma and injustice of the whole situation,” Billie said.
Consultation on this legislation began on Monday, August 12.
Victim-survivors can also provide their feedback anonymously through a short and confidential survey.
The community, businesses, unions, workers, and legal groups are also invited to participate with this consultation, which is open until September 8.
As of now, there is only one country where laws of this kind currently exist – the province of Prince Edward Island, in Canada.
The proposed legislation will be the first of its kind in Australia, and one of the first in the world.
Legislating to restrict the use of NDAs in workplace sexual harassment cases was a key recommendation of the Victorian Ministerial Taskforce on Workplace Sexual Harassment.
