State Government of Victoria, Australia

Proposed Reforms on NDAs in Sexual Harassment Cases

Overview

The state of Victoria, Australia, has been considering reforms to restrict the use of NDAs in cases of sexual harassment. These proposed changes aim to prevent the silencing of victims and promote a culture of transparency and accountability. ​

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Key Provisions

• Limiting NDAs: Proposals include restricting the use of NDAs in settlement agreements related to sexual harassment unless requested by the complainant.​

• Legal Advice Requirement: Ensuring that individuals are required to obtain legal advice before signing an NDA related to sexual harassment, safeguarding their rights and understanding.​

Current Status

As of December 2024, a Victorian government-led consultation revealed substantial support for restricting NDAs in sexual harassment cases, with about 90% of submissions advocating for this change. The Victorian government plans to introduce related legislation in 2025, positioning Victoria as the first Australian state aiming to curtail NDAs' misuse in sexual harassment cases.

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