Working Women’s Centre SA welcomes the introduction of Non-Disclosure Agreement legislation in Victoria

Working Women’s Centre SA welcomes the introduction of Non-Disclosure Agreement legislation in the Victorian Parliament by the Allen Labor Government

Today, the Victorian Government introduced legislation to curb the use of Non-Disclosure Agreements in matters of workplace sexual harassment.

If this bill is passed, NDAs will only be used if expressly requested by a complainant, and employers will be banned from pressuring or influencing victim-survivors to sign NDAs. Victim-survivors will also be able to disclose their experience to seek support, and cooling off periods and waivers will apply.

Working Women’s Centre SA congratulates the Victorian Government, and those who have campaigned hard for this reform including workers and unions through the Victorian Trades Hall Council, victim-survivors, legal advocates and the Working Women’s Centre Victoria.

At our public meeting on NDAs on Thursday 2^nd October, Minister Katrine Hildyard MP spoke about how the South Australian Government is following closely what happens in Victoria.

Speaking at the public meeting, the Hon. Katrine Hildyard, Minister for Women and Minister for Domestic, Family and Sexual Violence, said:

“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.”

We hope that legislation in Victoria will also help encourage important changes in South Australia and around the country to stop the silencing of victims-survivors and the culture of silence that prevents workplace action on sexual harassment.

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.

Reforming and regulating the way NDAs are used can:

• Provide stronger protections, support and justice for victim-survivors;
• Challenge entrenched cultures that drive sexual harassment in workplaces;
• Provide greater consistency with Positive Duty, WHS laws and AHRC advice;
• Advance the public interest in ending sexual harassment with transparency and accountability.

Read a report back on the South Australian NDA public meeting including what the speakers said here.