AUSTRALIA 🇦🇺

The Victorian Government has introduced an Australian-first bill to restrict the use of NDAs in workplace sexual harassment cases.
The bill was introduced to Parliament by Premier Jacinta Allan and Industrial Relations Minister Jaclyn Symes on October 27th 2025. If passed, the legislation will ban NDAs in workplace sexual harassment matters unless expressly requested by the employee. The proposed law includes a number of important safeguards:

• NDAs will only be valid if initiated by the complainant, who will have the right to waive confidentiality after 12 months.

• Complainants will be able to disclose the existence of an NDA to key groups, including health professionals, police and lawyers.

• A 21-day cooling-off period and information statement will be required before signing.

• Employers will be prohibited from pressuring or influencing workers to sign an NDA.

This bill follows the recommendations of the Ministerial Taskforce on Workplace Sexual Harassment, on which Can’t Buy My Silence was a consulted expert. The Taskforce recommended that the Victorian Government use Ireland’s Employment Equality (Amendment) (Non-Disclosure Agreements) Act 2024 as a model for reform.

In 2024, the Victorian Government conducted consultations about Restricting NDAs in workplace sexual harassment cases. The summary was released in December of 2024.

If enacted, the legislation will make Victoria the first Australian jurisdiction to restrict NDAs, setting a new national precedent and aligning Australia with international action to end the misuse of NDAs in cases of harassment and discrimination.

The Bill is currently before the Victorian Parliament and has not yet passed into law.