AUSTRALIA

The Bill, Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Bill 2025 (Vic), was introduced to Parliament on October 29th 2025 and passed legislative council on November 20th, 2025. It is set to go into effect on May 20th, 2026. This bill bans the use of NDAs in workplace sexual harassment cases, unless and only if it is the "express wish and preference" of the employee to enter into an NDA.  Here are some key features of the bill:

• While it does follow the conditions-based approach, it provides conditions that are strong protections for survivors. Notably, the bill allows a complainant to terminate an NDA after 12-months by waiving their own confidentiality AND prescribes a 21-day cooling off period to allow the employee to consider whether or not they want to sign an NDA.

• The bill also allows complainants to disclose the existence of an NDA to groups, such as health workers, police and lawyers; and provides additional safeguards. 

• The Bill defines "workplace NDA" quite broadly: including for those who work in Victoria, where the employer's principal place of business is in Victoria, or if the workplace sexual harassment occurred in Victoria. The bill extends to employees, contractors and volunteers. 

• the employer cannot exert undue influence or pressure on a complainant to enter an NDA.