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

In November 2025, a new law passed the Victorian Parliament which will place restrictions on the use of non-disclosure agreements (NDA) in workplace sexual harassment matters.

The Act was made in response to the Victorian Ministerial Taskforce on Workplace Sexual Harassment (Taskforce), which recommended that the Victorian Government introduce legislative amendments to restrict the use of NDAs in relation to workplace sexual harassment cases.

The Taskforce found that NDAs are often misused to silence victims, protect employer reputations, and avoid full liability and that NDAs can be used to hide serial offending and offenders.

The Act aims to stop the practice of NDAs being proposed as the default in the settlement of workplace sexual harassment matters and to address current power imbalances in the NDA process.

When will the new laws commence?

The Act will commence on a day or days to be proclaimed. It is intended that the Act will be proclaimed to commence on 1 July 2026. This will enable time for implementation, preparation of the mandatory information statement, and relevant guidance material. Check this page for updates regarding commencement.

What does the Act do?

The Restricting Non-disclosure Agreement (Sexual Harassment at Work) Act 2025 will deliver protections for workers subject, or allegedly subject, to sexual harassment at work. The Act:

Sets out preconditions which must be met prior to entering a workplace NDA. These preconditions include that the NDA is requested by the worker who made a complaint of workplace sexual harassment (complainant) and it is their express wish and preference to enter into one.

Prevents a complainant being influenced or pressured to sign an NDA.

Provides that if a complainant has requested an NDA, they are given a mandatory information statement 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.

Requires that each party to an NDA acknowledge through an approved form that the preconditions have been met.

Provides that if the preconditions are not met, the NDA will not be enforceable against a complainant to the extent that it prevents a complainant from disclosing any details about the conduct constituting the sexual harassment.

Frequently Asked Questions

Sexual harassment under the Act has the same meaning as in the Equal Opportunity Act 2010. The Equal Opportunity Act 2010 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.
As part of the settlement of workplace sexual harassment matter, an employer may ask a worker to agree to a confidentiality clause or agreement. These are widely referred to as an NDA.
The Act defines an NDA as a contract or other agreement (or any part of one), the purpose or effect of which is to prevent a person who is party to the agreement from disclosing certain information, whether directly or indirectly. This may include an NDA clause or non-disparagement clause in a settlement agreement.
The Act sets out preconditions which must be met prior to entering a workplace NDA.
A workplace NDA is defined as an NDA between a worker who has made a complaint of workplace sexual harassment and their employer and/or the alleged harasser and which prevents a person disclosing any details about the conduct constituting the commission or alleged commission of the workplace sexual harassment (which may include the identity of the alleged harasser).
The Act does not place preconditions on NDAs to keep confidential the amount of any financial compensation paid in resolution of a workplace sexual harassment matter, or the identity of the alleged harasser if they are under 18 years of age.
The Act will apply if a worker who has made a complaint of workplace sexual harassment (complainant) usually works in Victoria, or if they work in more than one jurisdiction, the complainant is based in Victoria for work.
This will extend to interstate employers if they have workers who usually work in Victoria, or are based in Victoria for work.
If there is no jurisdiction in which the complainant usually works or is based for work, the Act will apply if the principal place of business of the complainant’s employer is in Victoria.
The Act does not capture incidents of sexual harassment which physically occur within Victoria, but where the complainant usually works interstate or is based interstate for work.
The Act will allow a worker who suspects they have entered into a non-compliant NDA, to give the other party a written ‘breach notice’ stating that the preconditions to entering an NDA were not met.
Once the other party has received the notice, they will have 30 days to make an application to the Industrial Division of the Magistrates’ Court for an order that the preconditions for the NDA were met.
If an application is not made within those 30 days, the preconditions will be taken not to have been met. The NDA will not be enforceable to the extent that it prevents a complainant from disclosing material information about the workplace sexual harassment.

Law & justice

Updated 15 January 2026

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

On this page

When will the new laws commence?

What does the Act do?

Frequently Asked Questions