The Human Rights Law Centre welcomes consultation from the Victorian Government on legislation to restrict the use of Non-Disclosure Agreements (NDAs) in workplace sexual harassment matters.

The prevalent use of NDAs to settle sexual harassment settlements out of court is an endemic problem in Australian workplaces. Their misuse can conceal sexual harassment and protect perpetrators and these laws would be an Australian-first in recognising this.

People who experience workplace harassment routinely feel silenced, restricted and experience negative mental health impacts from NDAs.

The laws should be changed to be trauma informed and centre, protect and empower victim survivors.

In a joint submission to the ‘Restricting NDAs in workplace sexual harassment cases consultation’, the Human Rights Law Centre and Redfern Legal Centre have recommended: 

1. Victim Survivor Choice: Centre the experiences of victim survivors by empowering them with true choice around NDA use.

2. Education: Implement more education and resources for the legal profession, employers, perpetrators and victim survivors on NDA use.

3. Intersectionality: Expand the scope of the Victorian framework to address intersectional experiences of sexual harassment and discrimination.

4. Accessibility: Ensure compliance and enforcement mechanisms for breaches of the proposed Victorian framework are accessible.

5. Accountability: Mandate data and reporting requirements around NDA use to drive greater cultural change.

6. Secrecy: Reform secrecy provisions in Victorian legislation that have an equivalent impact to NDAs on victim survivors in the Victorian public sector.

Regina Featherstone, Senior Lawyer at the Human Rights Law Centre, said: 

“This is an opportunity for Victoria to lead the country in laws that recognise NDAs are routinely misused – concealing sexual harassment, silencing victims and perpetuating a culture of impunity.

“The proposed laws would ensure that NDAs are not the default, which would be a significant step in dismantling the culture of secrecy and fear that often surrounds workplace sexual harassment and give victim-survivors more power over their own cases.

“For many women, work is an unsafe place.  Whistleblowing can involve  speaking up about  risks to personal safety. We still have a long way to go to make our workplaces safe for everyone. Transparency will help us get there.”

“Whistleblowers play a vital role in exposing misconduct, but NDAs are routinely used to silence whistleblowers who dare to speak out.

“Restricting NDAs is essential to putting victim-survivors first, which in turn, protects the rights of whistleblowers, and promotes transparency in the workplace.

“It’s  essential that the proposed laws are strengthened to ensure that the intersectional experiences of sexual harassment and other grounds of discrimination are recognised, as well as stronger education around NDA use and enforcement mechanisms.

“We commend the Allan Government on taking steps towards this critical reform, and look forward to seeing the rest of the country follow suit.”

Read the full submission from the Human Rights Law Centre and Redfern Legal Centre here.

Media Contact:
Chandi Bates
Media and Communications Manager
Human Rights Law Centre
0430 277 254
chandi.bates@hrlc.org.au