On 29 October, after years of union campaigning, the Vic Government introduced a bill in Parliament that finally tackles employers’ harmful practice of utilising non-disclosure agreements (NDAs) to silence victims and shield perpetrators.
The new legislation means that employers can no longer force workers to sign an NDA as part of resolving a sexual harassment complaint.
For an NDA to be valid under the new rules, the following conditions must be met:
- It must be requested by the survivor, not the employer
- The employer must provide clear and accessible information about the worker’s rights and obligations
- Even if an NDA is signed, the survivor can still speak to their union, friends and family, medical or legal professionals, regulators and support organisations
- The survivor will also have the right to revoke the NDA after 12 months if they choose
“When we started this campaign, a lot of people said there was no way to stop bosses from using NDAs to silence workers. We were told the practice was too entrenched and couldn’t be changed. But thousands of working women stood up in their unions and said, ‘this isn’t right’. And they demanded better.” – Wil Stracke
