Joint Submission to restricting NDAs in workplace sexual harassment cases consultation in Victoria

The Human Rights Law Centre welcomes consultation from the Victorian Government on legislation to restrict the use of Non-Disclosure Agreements (NDAs) in workplace sexual harassment matters.

In a joint submission to the ‘Restricting NDAs in workplace sexual harassment cases consultation’, the Human Rights Law Centre and Redfern Legal Centre have recommended: 

  • Victim Survivor Choice: Centre the experiences of victim survivors by empowering them with true choice around NDA use. 

  • Education: Implement more education and resources for the legal profession, employers, perpetrators and victim survivors on NDA use. 

  • Intersectionality: Expand the scope of the Victorian framework to address intersectional experiences of sexual harassment and discrimination. 

  • Accessibility: Ensure compliance and enforcement mechanisms for breaches of the proposed Victorian framework are accessible. 

  • Accountability: Mandate data and reporting requirements around NDA use to drive greater cultural change. 

  • Secrecy: Reform secrecy provisions in Victorian legislation that have an equivalent impact to NDAs on victim survivors in the Victorian public sector.

Read the the Human Rights Law Centre and Redfern Legal Centre’s submission here.