New Victorian Laws Regarding Sexual Harassment NDAs
New Victorian laws now limit how non‑disclosure agreements (NDAs) can be used in workplace sexual harassment matters.
An NDA that prevents a worker from speaking about their experience of workplace sexual harassment – or naming the person who harassed them (if they are 18 or over) – is not enforceable unless strict statutory preconditions are met.
The laws apply to NDAs entered into after 1 July 2026 and are designed to protect workers who report sexual harassment at or in connection with work, including volunteers.
An NDA can only be used where the complainant requests it, and only after:
- the complainant receives the mandatory Information Statement
- a 21‑day review period is provided (which the complainant may shorten or waive)
- both parties sign the approved acknowledgment form confirming the preconditions were met
If any step is missed, the NDA will not be enforceable against the complainant.
Take‑Out Point: Confidentiality should not be treated as a standard term in Victorian workplace sexual harassment matters.
See: Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025