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Advocacy
Workplaces should be safe places for all – free of sexual harassment, discrimination and bullying and violence. Employers must stop silencing workers who have experienced sexual harassment. Non-Disclosure Agreements in sexual harassment and discrimination matters should be restricted and regulated.
Sexual harassment occurs in every industry, at every level and in every location. 89% of women have experienced workplace sexual harassment in their lifetime. Only 18% of workplace sexual harassment is reported.
Research, such as the 2022 Australian Human Rights Commission’s (AHRC)’s Time for respect: Fifth national survey sexual harassment workplaces report and the Gender Equality @ Work Index 2025, developed by the Australian Centre for Gender Equality and Inclusion @ Work, tells us that workplace sexual harassment is getting worse, not getting better.
Yet Australian employers are using NDAs to silence workers who have experienced sexual harassment and discrimination in their workplace. It is difficult to stop workplace sexual harassment if the people who experience it are prevented from talking about it – and if employers routinely use NDAs to stop workplace change.
By ensuring victim-survivors have the choice to be able to tell their story, we can create stronger accountability and positive change in workplaces, and prevent the harm that NDAs inflict on victim-survivors.
In workplace sexual harassment matters Non-Disclosure Agreements (NDAs) are legal contracts and clauses which require someone to keep secret the details of the harassment they experienced, often for the rest of their life.
NDAs include non-disparagement clauses and/ or confidentiality clauses in settlements or deeds of release and employment or other work-related contracts.
Many victim-survivors feel like they have no choice but to sign an NDA to resolve their complaint.
NDAs silence ordinary workers who have experienced sexual harassment and discrimination in their workplace. NDAs protect perpetrators, employers and corporate reputations.
It is difficult to stop sexual harassment if the people who experience it are prevented from talking about it by employers and their lawyers routinely silencing and further harming victim-survivors by compelling them to sign NDAs.
NDAs hide systemic problems in workplaces and discourage positive action for change by protecting those responsible.
As well as stifling action workplace change, NDAs prevent people affected by the impacts of sexual harassment from seeking support – even from close friends and family, and medical practitioners.
Many experts now agree that blanket NDAs in sexual harassment and discrimination settlements are harmful and counterproductive.
It is not uncommon to read news stories about celebrity perpetrators who have used NDAs to cover up their abuse. However, it is less well known that NDAs are regularly used by powerful employers in Australia against ordinary workers.
75% of legal professionals in Australia have never reached a sexual harassment settlement without strict NDA terms. 59% of Australians who experienced sexual harassment in the workplace said their harasser had also targeted others.
Sexual harassment is a collective issue, but NDAs stop workers from being able to take action together.
The overuse and misuse of NDAs prevent workers, the public and governments from knowing important information about employers, workplaces and the high occurrence of sexual harassment; and prevents employers from meeting their Positive Duty obligations.
Communities and workers want governments and employers to increase transparency and take stronger action to prevent sexual harassment.
The Project / 29 July 2024
This TV segment explores the impacts of Non-Disclosure Agreements.
Viewing time 6:24mins.
Watch
Employers now have a legal responsibility – called Positive Duty – to proactively ensure their workplaces are safe places to work, free from sexual harassment, discrimination and unlawful conduct. The blanket use of NDAs in sexual harassment matters could prevent workplaces from meeting their Positive Duty obligations.
Alongside recent beneficial changes to Australian laws to combat sexual harassment in Australian workplaces, such as Positive Duty, NDAs need to be regulated and restricted. We have the opportunity to do this in South Australia.
The Working Women’s Centre SA is calling on the South Australian Government to legislate to restrict and regulate the application of NDAs in our state, so that their overuse and misuse is stopped.
Australian governments including the South Australian Government can build on Victoria’s new groundbreaking Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic) which now sets a benchmark for other jurisdictions.
The Act is an important reform which substantially changes how NDAs in workplace sexual harassment matters will be treated in Victoria through addressing power imbalances experienced by victim survivors of workplace sexual harassment, and increasing access to information, choice and support. It is an important step in tackling workplace sexual harassment, and supports improved work health and safety, and compliance with the Positive Duty in the Sex Discrimination Act 1984 (Cth).
Changing the laws would build on existing Australian Government and South Australian Government commitments to gender equality and ensuring safer workplaces.
Join our call to stop silencing women and workers through NDAs in South Australia. Help eradicate sexual harassment and discrimination in our workplaces. Sign up to be involved.
Globally, including in Australia, since the #meToo movement, victim-survivors, law reformers and unions have been calling for change to stop the silencing of women and other workers by NDAs.
Extensive media coverage and investigations have shown the extent of the misuse of NDAs, and independent inquiries and research have shown the harm caused by NDAs and different ways forward.
Models of legislative reform around the world have led the way, including Acts of Parliament to restrict the use of NDAs in the United Kingdom, Ireland, the United States and provinces of Canada.
In Australia, the groundbreaking Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic) was passed by Victorian Parliament in November 2025. The Victorian reform process has been championed by the Victorian Trades Hall, the community legal sector and courageous victim-survivors.
See our resources section below for further information on our campaign, media coverage, research, and models of legislation.
The calls continue for change in Australia.
In June 2025, the Australian Human Rights Commission published its report Speaking from Experience: What needs to change to address workplace sexual harassment. This landmark report recommends legislation to restrict the use of NDAs in Australia, in line with Ireland’s Employment Equality Act 1998.
In September 2025, Community Legal Centres Australia released their Vision for Justice + Actions for the 48th Parliament of Australia which asks the Federal Government to “prevent people who use violence from weaponising laws and government and legal systems to continue or hide their harmful behaviour” through reforms to Australia’s national model defamation provisions and restricting the use of confidentiality and non-disclosure agreements in workplace sexual harassment cases unless requested by the complainant.
What does effective NDA law reform look like?
A standalone Act which creates a clear, comprehensive and intersectional framework to follow
This means law reform which covers workplace sexual harassment and discrimination as these misconducts are highly interconnected, and that applies to all types of workers and workplaces.
Law reform that is trauma informed, addresses power imbalances and prioritises victim-survivors
Any legislation around NDAs should start from the idea that NDAs are the exception rather than the rule – and can only be used when initiated by the victim-survivor themselves. When an NDA is signed it needs to meet preconditions to be lawful and must include “permitted disclosures” and the right to seek support, that is people and agencies someone who has signed an NDA can still speak to.
The right to independent advice and information
A victim-survivor who is considering signing an NDA must receive information and time to gain independent advice and make informed decisions. We recommend 60 days. Information statements and NDAs themselves must be in plain language.
No more lifelong silencing
Victim-survivors should be able to waive their confidentiality and withdraw from an NDA in the future. In Victoria this can happen after one year. Legislation should also include a right for those who have already signed an NDA in the past to seek support and make disclosures deemed in the public interest.
Regulation, reporting and accountability
Laws should include a simple process for dealing with breaches, penalties for the misuse of NDAs, and a reporting process which keeps employers accountable.
Consistency with the goal of ending the causes of workplace sexual harassment and discrimination
Tt may sound obvious, but the objective of law reform should be to improve the rights of workers and victim-survivors and combat the causes of sexual harassment in workplaces. NDAs must be consistent with workplace health and safety, public interest and Positive Duty principles.
Join our call to stop silencing women and workers through NDAs in South Australia. Help eradicate sexual harassment and discrimination in our workplaces. Sign up below to be involved.
If you would like to read more, you can download our PDF resources:
Two-page basic info sheet about our campaign here
Two-page law reform summary here
Three-page selected media reports and public commentary here
