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29 Oct 2025 Campaigns
On Thursday 2nd October 2025, a packed house of community members, unionists, industrial professionals, lawyers and Members of Parliament gathered at The Jade in Adelaide for the Working Women Centre’s forum about NDAs.
The forum is the latest event held calling for change to the way non-disclosure agreements (NDAs) are used in workplace sexual harassment matters.
Sexual harassment is a serious, widespread issue in workplaces – and NDAs have become part of this problem. It’s difficult to stop sexual harassment if the people who experience it are prevented from talking about it.
Non-Disclosure Agreements (NDAs) are legal contracts which require someone to keep secret the details of the harassment they experienced, often for the rest of their life. In sexual harassment matters, victims often feel like they have no choice but to sign an NDA to resolve their complaint.
The forum first heard from special guest Sharmilla Bargon, Legal Director of Working Women’s Centre NSW and co-author of the groundbreaking report Let’s Talk About Confidentiality.
Sharmilla reflected on realising how widespread NDA misuse is in Australia and her research on legal practice and assumptions about NDAs. She said:
“Despite the Respect@Work reforms, strict non-disclosure agreements remain the default way workplace sexual harassment matters are resolved. Our research found that three-quarters of lawyers have never settled a sexual harassment complaint without a confidentiality clause.
This culture of silence limits transparency, prevents accountability, and risks perpetuating harm. NDAs can protect privacy, but they should never be used to conceal misconduct or silence those who speak out. Lawyers and employers have a responsibility to ensure settlements are victim-centred, trauma-informed, and aligned with the new positive duty to eliminate sexual harassment.”
Attendees were privileged to hear from two women who spoke about their own lived experiences with workplace sexual harassment, in conversation with WWC SA Advocacy Officer, Emma Webb.
Lauren and Leanne spoke about the serious and life-changing harassment they experienced in former workplaces, their experiences of trying to seek justice, and the silencing and shaming effects of NDAs in their circumstances. Their words were a powerful call to action for everyone in attendance. Lauren said:
“Speaking at this public forum was such positive and empowering experience. It was so refreshing to be in a whole room of people who want to make impact here and who understand the impacts of NDAs in silencing victims. The Working Women’s Centre worked with me to make me felt comfortable taking part. This experience really made me feel like change is possible; I was grateful to be part of it.”
The Working Women’s Centre SA was very pleased to end the meeting with an address by the Hon. Katrine Hildyard, Minister for Women and Minister for Domestic, Family and Sexual Violence.
In a wide-ranging and inspiring speech, the Minister reflected on the South Australian Government’s work to prevent violence against women, including the recently released Royal Commission into Domestic, Family and Sexual Violence.
“Strict NDAs, when initiated and misutilised by perpetrators, have terrible consequences for individual women and also allows poor workplace culture, sexual harassment and assault to continue. We know we can’t end a form of violence against women if they can’t even talk about it. And I say this in an environment where the utterly unacceptable prevalence of violence perpetrated against women persists, with women continuing to be harmed – at work, at home, and in public – with intersectionality increasing the likelihood of experiencing it.
“As are each of you, I am steadfastly committed to helping ensure that women in South Australia are not subject to any form of gendered violence, and to helping ensure that workplaces are places that always have the best possible capacity to respond when violence occurs and also have the best capacity to relentlessly play their role in prevention.
“Despite the Respect@Work NDA Guidelines, sadly, NDAs continue to be misused and wielded against survivors by their perpetrators – yet another way to harass, belittle, and silence them. As also mentioned by the Royal Commission, we know that the majority of NDAs are requested by perpetrators, with survivors often pushed into signing them, fearing loss of their employment or reputation, and retaliation for speaking up.
“On an individual level, strict NDAs give perpetrators yet another weapon to silence women. At a system level, NDAs mask the extent of sexual harassment. These terrible facts demand collective attention and action.
“Ensuring NDAs are no longer tools misused to silence survivors is a step forward. Our Government remains committed to monitoring work happening interstate including Victoria’s review of NDAs to inform our next steps. Please know that this issue is at the forefront of my mind. I look forward to walking alongside you all as we continue our efforts to end violence against women in all its forms”, said Minister Hildyard.
Throughout the meeting the gathered audience heard that reforming and regulating the way NDAs are used can:
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.
For more information about our NDA campaign please read further here.
Join WWC SA for Reclaim the Night on Friday 31st October!
