Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025

In Victoria, an NDA that stops a worker from talking about their experience of workplace sexual harassment is not legal, unless certain rules are met.

The new laws apply to NDAs entered into after 1 July 2026 and are intended to protect workers who have reported experiencing sexual harassment at work or in connection with work (including people who work as volunteers).

What are the new laws?

The Restricting Non-disclosure Agreement (Sexual Harassment at Work) Act 2025 commenced on 1 July 2026. The Act aims to reduce the incidence of NDAs being used to conceal workplace sexual harassment and to protect and empower workers who are subjected to workplace sexual harassment, recognising their vulnerability.

Under the Act:

• A worker cannot be asked to sign an NDA that prevents them from talking about their experience of workplace sexual harassment or naming the person who harassed them (if they were 18 years or older).
• An NDA can only be entered into if certain rules (called preconditions) are met. These preconditions include that the NDA is requested by the worker who made a complaint of workplace sexual harassment (complainant) and it is their choice and preference to enter into one.
• A complainant cannot be influenced or pressured to sign an NDA.
• If a complainant has requested an NDA, they must be given the Information statement: Non-disclosure agreements (NDAs) (workplace sexual harassment) and a 21-day review period (the complainant can request a shorter period or waive the review period altogether). During the review period, the complainant can obtain legal advice if they wish, prior to entering into the NDA.
• Each party to an NDA must acknowledge through an approved form that the preconditions have been met.
• If the preconditions have not been met, the NDA will not be enforceable (it is not legal) against a complainant.

What is an NDA?

A non-disclosure agreement (commonly referred to as an NDA) is a legal agreement that requires one or more parties to keep certain information confidential. NDAs are sometimes referred to as confidentiality clauses or privacy agreements. NDAs can be standalone documents or may be clauses included in a broader settlement agreement (such as an agreement that ends a legal dispute in exchange for a payment, so that the parties don't have to attend a Court hearing).

Clauses requiring parties to agree not to make negative statements or criticise each other to anyone else are also a type of NDA. These are known as non-disparagement clauses.

NDAs can require only one party to keep certain information confidential. For example, an NDA that allows a worker to speak about their experience but requires their employer to keep information about the worker confidential. They can also be mutual, where all parties agree to keep certain details confidential.

What is workplace sexual harassment?

There are laws that protect workers from sexual harassment in the workplace. Everyone has the right to a workplace that is safe and free from sexual harassment.

Sexual harassment under the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025 has the same meaning as in the Equal Opportunity Act 2010. The Equal Opportunity Act 2010 (Vic) defines sexual harassment as unwelcome sexual behaviour that causes a person to feel offended, humiliated or intimidated, where a reasonable person could have anticipated that reaction in the circumstances.

Sexual harassment includes:

• an unwelcome sexual advance
• an unwelcome request for sexual favours
• any other unwelcome conduct of a sexual nature.

Sexual harassment can be physical, verbal or written. Examples include:

• comments about someone’s private life or the way they look
• sexually suggestive behaviour, such as leering or staring
• brushing up against someone, touching, fondling or hugging
• sexually suggestive comments or jokes
• displaying offensive images or objects
• repeated requests to go out
• requests for sex
• sexually explicit emails, text messages or posts on social media
• sexual assault
• suggestive behaviour.