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10 Mar 2026 Campaigns
In workplace sexual harassment matters 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.
“This is an important law reform that the WWC SA have been urgently calling for alongside legal experts, unions and, most importantly, victim-survivors of workplace sexual harassment”, said Nikki Candy, CEO of the WWC SA.
“Sexual harassment is unacceptably common in Australia, and many employers are routinely using NDAs to stop workers from speaking up. When workers are forced into silence, it stops them from accessing support from family, friends, doctors or therapists. And to address sexual harassment on a systemic level, workers need to have the choice to talk openly about it. That’s why today’s announcement is so important.”
Legislation to regulate NDAs would make South Australia the second jurisdiction in Australia to take action against the misuse of NDAs, after the Victorian Parliament passed the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic) in November last year.
SA Labor has said it will look at the Victorian Act while also seeking to consult with South Australians on what is needed in this state.
“The ground-breaking legislation in Victoria means that an NDA can only be negotiated at the request of the victim survivor. NDAs should be the exception, not the rule. We’d like to see the South Australian Government follow Victoria’s lead with these reforms and also consider how the legislation can be strengthened even further. We are looking forward to contributing our expertise on the best way to affect change here”, said Ms Candy.
This announcement comes after years of campaigning globally and in Australia from workers who have experienced sexual harassment, unions, scholars and advocates. They argue that NDAs are being frequently misused to protect perpetrators, employers, and corporate reputations.
Many victim-survivors feel like they have no choice but to sign an NDA to resolve their complaint. A study from the University of Sydney in 2024 found that 75% of legal professionals had never reached a sexual harassment settlement without a strict NDA.
The silencing through an NDA can worsen the impacts of the harassment itself; a study by the U.K. Legal Services Board found that 95% of people who had signed an NDA experienced negative consequences to their mental health. NDAs also hide the true extent of the problem, leaving organisations unable to address systemic cultural issues or adequately manage ongoing risks.
Restricting and regulating the use of NDAs in South Australia will provide stronger protections, support and justice for workers, and challenge entrenched cultures that drive sexual harassment and secrecy in workplaces.
“It’s incredibly heartening to see that the SA Government is listening to victim-survivors and worker representatives by committing to law reform. Restricting NDAs will ensure workers have the choice to speak out about their experiences. Workers will no longer be prevented from accessing support. Workplace sexual harassment is completely preventable, and by ending the silence, we can tackle systemic harassment head-on. We hope to see this law reform supported across the next Parliament of South Australia”, said Ms Candy.
NDA law reform will build on existing South Australian Government commitments to gender equality and ensuring safer workplaces. Restricting and regulating NDAs would:
