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To: The Victorian Government

End the silence - end the misuse of NDAs!

We Are Union - Women

August 12, 2024
Today we're a step closer towards ending workplace harassment

This morning the Victorian Government has announced the start of formal consultation for legislation to end the misuse of Non-Disclosure Agreements in cases of workplace sexual harassment. This will stop employers coercing women into silence and it's essential progress towards ending workplace harassment.

A non-disclosure agreement (NDA) is a legal contract that establishes confidentiality (keeping secret) a sexual harassment or other workplace issue. It requires the worker who suffered harassment to keep their experience completely confidential - that is, they are not allowed to talk about what happened to them.

Victims of workplace sexual harassment often feel they have no choice but to agree to confidentiality to resolve their complaint.

Wilhelmina Stracke, Assistant Secretary of Victorian Trades Hall Council, said union women would welcome the announcement.

“This is real progress. Union women have been campaigning and lobbying for this for a long time, and we are proud that the Victorian Government has listened and Victoria will lead what we hope is nationwide change.”

Non-disclosure agreements (NDAs), often referred to as confidentiality agreements, are used frequently in the settlement of workplace sexual harassment cases.

The State Government needs to legislate to restrict the use of non-disclosure agreements to ensure victim-survivors are empowered to speak out.

https://player.vimeo.com/video/941774213

Why is this important?

NDAs protect employers from accountability and release them from their obligations to address systems of work that allow sexual harassment to occur, enabling repeat offenders to continue and preventing workers from talking about their experiences.

Victim-survivors, predominantly women, are disempowered by being forced to stay silent. To end sexual harassment at work, we need to end the silence and hold employers accountable.

We need legislation to restrict the use of NDAs. They should only be used when requested by victim-survivors to protect their own confidentiality and victim-survivors should be allowed to decide to speak out later.
Victoria, Australia

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Updates

2025-10-29 15:28:46 +1100

Union campaign to give survivors a voice wins nation-leading legislation

The Victorian Government will introduce new nation-leading laws to restrict the use of non-disclosure agreements in workplace sexual harassment matters.

NDAs, also called confidentiality clauses, are frequently included in the settlement of workplace disputes. They prevent workers from telling their stories and effecting change.

"This new law is game changing. It’s a positive step towards ending sexual harassment in workplaces. Changing workplace cultures starts with transparency. It’s time for employers to take workplace harassment seriously and put safety before silence."
https://www.weareunion.org.au/ndas_legislation_introduced

2024-10-16 17:04:32 +1100

Petition is successful with 7,368 signatures

2024-05-10 17:48:51 +1000

5,000 signatures reached

2023-01-13 06:48:18 +1100

1,000 signatures reached

2022-11-25 09:54:30 +1100

500 signatures reached