Starting 1 July 2026, in Victoria, employers can no longer make employees sign non-disclosure agreements preventing them from talking to other people about sexual harassment in the workplace.
Employees who have experienced sexual harassment can only enter into an NDA if they request one, and, even when they do sign an NDA, they can still share certain information with certain people.
SASVic CEO Kathleen Maltzahn says, “NDAs have been used to silence survivors of workplace sexual harassment but the changes made today will put decisions about when they are used in the hands of survivors.
This is an important step towards creating a society that stands with and supports survivors. Sexual violence, including harassment, is so much about shame, isolation and secrets and we know that talking with others about what happened is an important part of recovery.”
If employees who experienced sexual harassment do sign an NDA, they can still tell certain people what happened and who was involved*, but not how much compensation they received. Some of these people include:
a trusted friend or family member
an accredited social worker or counsellor
a lawyer
a religious leader
and more.
*Unless the alleged harasser is under 18.
They can still tell certain government bodies like the Australian Human Rights Commission and the Fair Work Ombudsman what happened but not who was involved or how much compensation they received.
They can still tell Centrelink, tax agents and financial advisers how much compensation you received.
For more details on the new laws, we recommend JobWatch’s helpful fact sheet >
