Victoria leads the way by restricting NDAs in sexual harassment cases

24 June 2026

From next month, Victoria will become the first and only jurisdiction in Australia to have new protections that restrict the use of non-disclosure agreements (NDAs) in workplace sexual harassment matters.

The reforms – which were legislated last year and come into effect on 1 July 2026 – are designed to give workers greater choice, protection and control when considering whether an NDA is right for them.

Importantly:

A worker cannot be required to sign an NDA that prevents them from speaking about their experience of workplace sexual harassment.
Only a worker can request an NDA if they want one.
Workers who request an NDA must be provided with information about their rights and given time to consider their decision.
Additional safeguards are in place to help ensure NDAs are not used inappropriately or under pressure.

More information and resources are available to help workers and employers understand the changes here.

How we got here

This historic reform in Victoria is all thanks to a hard-fought campaign by union members, including those from the FSU.

It started with union members from across various industries getting together to talk about their experiences and planning what actions they would take.

Actions included speaking with politicians at Victorian Parliament, protesting on the streets, sending letters to local MPs and having conversations with family and friends to lend their support and convince their local MPs to take the issue seriously.

The FSU also made a submission to the government on behalf of all members, calling for laws to restrict the use of NDAs in workplace sexual harassment cases. Read the FSU’s full submission here.

It’s a damning reality that one in three workers report being sexually harassed in the workplace(1). However, only 18% of victims report it(2). NDAs and the role they play in adding to a culture of secrecy go some way to explaining this gap.

The FSU congratulates the Victorian Government for taking this positive legislative step, and we call on the Federal Government to follow Victoria’s lead.

1. Australian Human Rights Commission Safe@Work Report 2022
2. Australian Human Rights Commission Time for Respect Report 2022

From today (1 July), your employer is required to pay your superannuation contributions…

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