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Victoria could become first state to ban NDAs in sexual harassment cases

Victoria is one step closer to banning non-disclosure agreements in sexual harassment cases, after the state government introduced the promised bill to parliament in late October.  

Union members, including from the FSU, have long called for NDAs to be banned when it relates to a sexual harassment case, and have been crucial to getting the Victorian government to this crucial point.

If passed:

  • the complainant would have the ability to waive their own confidentiality after 12 months
  • the complainant would have the ability to disclose the existence of the NDA to certain groups, including health workers, police and lawyers.
  • there will be a 21-day cooling-off period before a worker signs an NDA.
  • bosses would be prohibited from “pressuring or influencing” a worker to sign an NDA.

The FSU calls on the Victorian government to pass this bill in full.  

It’s a damning reality that one in three workers report being sexually harassed in the workplace. However, only 18% of victims report it. NDAs and the role they play in adding to a culture of secrecy go some way to explaining this gap. Read more about how union members fought to make this bill a reality here.

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Authorised by Julia Angrisano, Finance Sector Union of Australia, Level 13, 380 La Trobe Street, Melbourne, VIC 3000.
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