Let’s Talk About Confidentiality is a research report published on 6 March 2024 by Sharmilla Bargon (Working Women’s Centre NSW) and Regina Featherstone (Human Rights Law Centre), inaugural Social Justice Practitioners-in-Residence at the University of Sydney.
The report investigates how sexual harassment practitioners resolve out-of-court settlements and approach confidentiality terms. It builds on the Respect@Work Report, which warned that NDAs risk silencing victim-survivors and protecting harassers. Recommendation 38 of that report called for best-practice guidelines and an end to NDAs being treated as the default in every case.
Through research with Australian legal practitioners and international comparisons, the authors examined how the misuse of NDAs is being addressed — including legislative reforms and reframing it as a professional conduct and governance issue.
The Australian Human Rights Commission (AHRC) has developed guidelines to assist in deciding when and how confidentiality clauses may be used in settlement agreements for workplace sexual harassment claims.
The guidelines emphasise that confidentiality clauses should:
The Australian Human Rights Commission has just launched the Speaking from Experience report — a landmark initiative that places the voices of people with lived experience of workplace sexual harassment at the centre of efforts to drive systemic change.
At Working Women’s Centre Australia (WWCA), we are proud to have supported this vital project, welcoming and encouraging women and gender-diverse workers to help shape the national conversation. This report provides crucial insights into what real change looks like, directly from those who have experienced harm.
The report amplifies the voices of over 300 victim-survivors from diverse backgrounds, highlighting what needs to change in Australian workplaces to address sexual harassment effectively. It focuses on lived experience insights, especially from workers facing intersecting forms of discrimination (e.g. race, disability, gender identity, migration status).
It shows that meaningful change is driven by women and gender-diverse people, guided by advocates who deeply understand these issues. There is enormous potential for greater collaboration between policymakers, employers, and advocacy organisations like WWCA to co-design better solutions. When advocates help lead the way, we can achieve genuine, lasting reform that creates safer and more respectful workplaces.
The recommendations in the Speaking from Experience report outline practical steps to create safer, fairer, and more respectful workplaces. They focus on reducing barriers that prevent workers — especially those from diverse and marginalised backgrounds — from accessing information, safety, support, and justice after experiencing workplace sexual harassment.
A key recommendation calls for funding specialist organisations — including Working Women’s Centres, multicultural services, LGBTIQA+ organisations, youth centres, disability services, women’s services, and First Nations organisations — to deliver accessible, culturally appropriate education and outreach on workplace sexual harassment. The report also calls for stronger community awareness, culturally safe and trauma-informed responses, restrictions on non-disclosure agreements (NDAs), better data collection, greater employer accountability, and investment in solutions guided by lived experience. Together, these recommendations aim to drive meaningful change and build workplaces where everyone can feel safe and valued.
Watch the Panel Discussion: online launch of the Speaking from Experience report, sharing diverse voices and calling for an end to NDA misuse.
Speaking from Experience and Non-Disclosure Agreements
One of the critical barriers identified in Speaking from Experience is the widespread use of non-disclosure agreements (NDAs) in workplace sexual harassment cases. These agreements often silence victim-survivors and prevent advocates from speaking out.
The report calls for NDAs to be used only at the request of the victim-survivor, ensuring they are a tool for safety and empowerment rather than a means of shielding perpetrators. Ending the harmful misuse of NDAs is not just an Australian concern — it is part of a growing global movement to promote transparency, accountability, and the right to advocate for safer workplaces.
Our Silence is Not for Sale
In line with the Speaking from Experience report’s recommendations, WWCA supports calls for a national media campaign to raise awareness, drive prevention, and promote trauma-informed responses to workplace sexual harassment.
This aligns with our Our Silence is Not for Sale campaign, which advocates for an end to the misuse of NDAs that silence victim-survivors and block systemic change. We need laws in Australia that make NDAs unenforceable when used by the powerful to hide harmful information about serious workplace issues — and that give working women the right and power to continue speaking up. NDAs should only be used when requested by victim-survivors.
We also endorse the recommendation to expand access to justice, including the development of restorative justice options, and to restrict the use of NDAs unless requested by the victim-survivor.
Reach out to us if you want to be part of the movement! Join the ‘Our Silence is Not for Sale’ campaign – fill out the WWC National NDA Campaign form today!
Time for Action
We congratulate the Speaking from Experience contributors who bravely shared their experiences. The Australian Human Rights Commission has prepared resources for workers, employers, and advocates to support prevention efforts and raise awareness — all guided by lived experience.
👉 Explore the new resources: Australian Human Rights Commission Workplace Sexual Harassment Resources
👉 To read the Speaking from Experience full report: Speaking from Experience Report – What needs to change to address workplace sexual harassment
Domestic workers in Timor-Leste have launched their first union — the result of years of organising by the Working Women’s Centre Timor- Leste, focused on improving conditions for domestic workers who have long been excluded from formal labour protections.
Congratulations to the Domestic workers of Timor-Leste on this incredible milestone, and to Abelita Sousa Li Soares, board member of the Working Women’s Centre Timor-Leste, who is the newly elected President.
Together with Union Aid Abroad – APHEDA, we look forward to continuing to work in solidarity with international trade unions and strengthening the power of global collectivism.
If you’re interested in learning more about the Working Women’s Centre Timor Leste, follow them here: https://www.facebook.com/WWCTL
May Day, or the International Workers’ Day, is a global celebration of the labour movement and the hard-won rights of working people. It is observed in many countries on 1 May.
In Australia, milestones such as the 8-hour workday, paid parental leave, and many of the workplace protections we value today were achieved through the collective efforts of workers and the union movement.
At Working Women’s Centre Australia, we recognise that these rights were not easily won — and they won’t be upheld without continued advocacy.
May Day is a powerful reminder that workers’ lives matter, and that justice at work is only possible when we come together and take action.
📍 Events are happening across Australia throughout April and May — including rallies, dinners, and community workshops.
📣 Show your solidarity:
• Join a rally or march
• Support worker-led campaigns
• Speak up for safe, respectful workplaces
• Back union values in your community
TASMANIA
Monday, 28 April 2025
Small Steps | Around the State: International Workers Memorial Day 2025
FREE thought-provoking and empowering workshop, honouring International Workers Memorial Day.
When: 10:30 AM – 12:30 PM
Where: Invermay Bowls Club, Tasmania
Lunch Included
Our inspiring guest speakers include:
What’s on the agenda?
Awkward Conversations About Being Safe at Work
Managing Sexual Harassment from a Gendered Lens
To register: https://events.humanitix.com/small-steps-or-safe-workplaces-international-workers-memorial-day-2025
SOUTH AUSTRALIA
Thursday, 1 May 2025
May Day Rally
Join workers from across South Australia as we take to the streets to celebrate solidarity and working-class power.
When: 12:00 PM
Where: Light Square, Adelaide
Bring your flags, banners, your family and your workmates, and let’s rally together for a better future!
May Day Dinner
This is an opportunity to connect with others who are passionate about fighting for a more equitable and just world, celebrating the power of collective action.
When: 6:30 PM – 11:30 PM
Where: The Cypriot Club, Welland
Get tickets: https://events.humanitix.com/2025-sa-may-day-dinner?hxchl=mkt-loc&hxref=australia%2Ffulham
NORTHERN TERRITORY
03-05 May 2025
Key events across the weekend
This year’s AEU NT Branch Conference marks the 50th anniversary of the union, celebrating five decades of advocacy for fair pay, improved working conditions, and a stronger public education system in the Northern Territory.
For more info, visit: https://aeunt.org.au/coming-up-in-may-aeu-nt-branch-conference-50-year-anniversary-celebrations
QUEENSLAND
03-23 May 2025
Labour Day Events across the State
The Queensland Council of Unions and its regional branches will again organise events across the state in 2025 to mark Labour Day, with workers, their families and supporters celebrating the achievements of working people through marches, events and family fun days.
The largest march is held in Brisbane, with events also occurring across regional Queensland.
For more info, visit: https://www.labourday.org.au/
WESTERN AUSTRALIA
Sunday, 4 May 2025
May Day Rally
The May Day Festival is a family-friendly event held at the Fremantle Esplanade Park. Everyone is welcome to attend this fun event, which includes free ice cream, coffee, sausage sizzle, and free entertainment for kids and the family dog.
An organised union march through the streets of Fremantle will occur at midday, with road closures taking place from 12noon to approximately 12:45pm.
When: 10:00 AM – 1:00 PM
Where: Fremantle Esplanade- Marine Terrace, Fremantle
For more info, visit: https://www.unionswa.com.au/event/may-day-2025/
VICTORIA
Friday, 16 May 2025
Labour Day Dinner Dance
Enjoy an evening in solidarity with working Victorians. The Victorian Trades Hall Council’s Annual Labour Day Dinner Dance, open to all unionists, activists and supporters, is held to celebrate the progress of the labour movement in Australia and the world.
When: 5:30 PM – 12:30 AM
Where: ETU Ballroom, 54 Victoria St Carlton
Get tickets: https://www.weareunion.org.au/lddd2025
TASMANIA
Friday, 23 May 2025
May Day Toast
Join us for a night of solidarity, entertainment, delicious food and drinks, as the Tasmanian Awards are presented.
When: 7:00 PM
Where: Hobart Town Hall
In solidarity with women around the world and grounded in the power of collectivism, the Working Women’s Centre Australia welcomed Shruti Patidar and Era Yesica, representatives from IUF Asia-Pacific, the global union for food, farm, hotel and allied workers, hosted by our Advocacy & Policy Officer Aira Firdaus.
During their visit, they shared their concerns and insights about the challenges women workers face across the region, as well as the powerful wins achieved when they unite around shared causes.
We also discussed the misuse of NDAs in Australia and, together with their affiliates the United Workers Union, explored ways to support each other’s efforts to end gender-based violence and harassment in workplaces.
Find out more about our campaign ‘Our silence is not for sale’, and how you can support the call for NDA reform.
Australia has plenty of International Women’s Day events lined up to inspire, connect, and empower you and your community!
Whether you’re looking to network, learn, or take action, there’s something for you.
Explore events happening across Australia and be part of the movement for gender equality, workplace safety, and women’s rights.
📅 Find an event in your city that speaks to you.
💡 Get inspired.
✊ Be part of the change.
PERTH
Friday, 28 February 2025
5pm – Northbridge Piazza, Perth
Event: International Women’s Day 2025 Rally
Leading up to the WA State Election, this year’s theme, “My Rights, My Body, My Vote,” highlights the ongoing significance of the women’s rights movement. The rally aims to foster meaningful dialogue on women’s empowerment, autonomy, and participation in society.
CANBERRA
Thursday, 6 March 2025
12pm – London Circuit, Canberra City
Event: 2025 CPSU International Women’s Day Forum and Market Day
WWC ACT and Women’s Legal ACT will host an informational stall on financial autonomy.
MELBOURNE
Thursday, 6 March 2025
5.30 pm – State Library of Victoria, 328 Swanston St, Melbourne
Event: Melbourne International Women’s Day Rally
The rally will bring people together in Melbourne to demand justice, safety, respect, and equality for all women.
HOBART
Friday, 7 March 2025
1pm – The Law Society, 28 Murray Street, Hobart (in person) and livestreamed
Event: CPD session – Managing Sexual Harassment Matters from a Gendered Lens
WWC TAS and Women’s Legal TAS will present a session on trauma-informed strategies to support clients and navigate the complexities of sexual harassment through a gendered lens.
DARWIN
Saturday, 8 March 2025
8.30 am – Gather in the Civic Centre courtyard (Harry Chan Avenue, Darwin)
Event: 2025 International Women’s Day Walk and Celebrations
Find out more about what’s happening at NT WWC for International Women’s Day 2025 here.
ADELAIDE
Saturday, 8 March 2025
10.30 am – Tarntanyangga (Victoria Square), Adelaide
Event: International Women’s Day March
The march advocates for safety, equality and respect, while celebrating the achievements of women unionists. It brings people together to support one another, reflect on lessons from the past and the rights we strive for today – all in spirit of solidarity and celebration.
SYDNEY
Saturday, 8 March 2025
1pm – Sydney Town Hall Square, 483 George St, Sydney
Event: Sydney International Women’s Day 2025
Participants are encouraged to bring their flags, friends, and posters to march, raise their voices, and hear from inspiring women.
BRISBANE
Tuesday, 11 March 2025
7am – Victoria Park / Barrambin Function Venue
2025 Basic Rights and Working Women Qld International Women’s Day Breakfast
The event will explore the impact and practice of silencing women seeking justice in their workplaces through the perpetual use of Non-Disclosure Agreements (NDAs).
Last week, we wrapped up 2024 with a national planning day, bringing all the Working Women’s Centres (WWCs) together to dream big and set our goals for 2025 and beyond.
What a remarkable year—or rather, six months—it’s been! Since funding began for Working Women’s Centre Australia (WWCA) in July 2024, along with the establishment of WWCs nationwide, we’ve achieved extraordinary growth, driven by our mission to deliver better support, services, and advocacy for working women.
The planning day started with an incredible panel facilitated by our CEO, Abbey Kendall, featuring two powerhouse voices for workers’ rights: Helen Creed, a life member of the union movement and subcommittee board member at WWCA, and Abbie Spencer from the Australian Services Union SA + NT, discussing Trade Unions and Working Women’s Centres – Identity and Values. They shared the long-standing relationship between WWCs and unions—built on shared values like fairness, solidarity, and equity.
We also heard from Katrina Ironside, CEO of Women’s Legal Services NSW. Katrina’s stories of activism and legal services for women reminded us all why this work is so important—and so urgent.
Working together was at the heart of the day as Centres shared updates, explored our collective vision and values, and engaged in strategic discussions about governance and workplace issues affecting women. We also reaffirmed our commitment to international solidarity by collaborating with the Working Women’s Centre Timor-Leste, reinforcing our shared goals of empowering working women.
Looking back on 2024, we’re proud of what we’ve accomplished. WWCA was established as a national body as part of implementing Recommendation 49 from the Respect@Work report. This milestone ensures WWCs are now funded in every state and territory, providing more women than ever with access to vital support when they need it most.
As the national body, WWCA brings the Centres together, shares resources, drives campaigns, amplifies women’s voices in policy discussions, and advocates for ongoing funding for the Centres. This year, we started planning our campaign to address the misuse of Non-Disclosure Agreements—a critical step towards breaking the silence in workplace sexual harassment and discrimination.
As we look ahead to 2025, we’re full of energy, ideas, and hope. With feminist principles, union values, and a shared commitment to activism leading the way, we’re ready to take on new challenges and keep fighting for a fairer, safer future for all working women.
To everyone who’s been with us on this journey—thank you. Your solidarity fuels our work and inspires us to keep pushing for change. As we gear up for another year, the Working Women’s Centre Australia wish you a safe, joyful, and empowering New Year.
See you all in 2025!
The Working Women’s Centre Australia (WWCA) joined forces with leading voices at the Small Steps, Safe Workplaces – Sexual Harassment Conference, held on 14–15 November in Hobart, Tasmania.
Hosted by the Women’s Legal Service Tasmania, the event brought together industry experts, advocates, and policymakers to address workplace sexual harassment, its prevention, and support for victim-survivors.
A Platform for Progress
Over two days, the conference provided a vital space for collaboration, with keynote speeches delivered by Dr Anna Cody, Federal Sex Discrimination Commissioner; Ms Kate Eastman AM SC; and the Honourable Justice Turnbull. Discussions spanned trauma-informed legal practices, cultural safety in workplaces, updates on sexual harassment laws, and unique challenges faced by marginalised groups, such as sex workers. Andrew Mitchell from Scarlet Alliance led one of the panels addressing these issues.
Abbey Kendall, Chief Executive Officer of Working Women’s Centre Australia, presented The Rollout of WWCs Across the Country and emphasised the importance of the expanding network of Working Women’s Centres nationally. Highlighting the Albanese government’s funding Centres across the country, Kendall described this as a transformative moment in the movement’s history, with Working Women’s Centres now operating in every state and territory.
This expansion draws from decades of collective expertise from Working Women’s Centres, Women’s Legal Services, community legal centres, and trade unions. Together, we are building stronger, feminist-led Centres to address systemic workplace inequities.” Kendall said, highlighting the collaborative effort driving this significant progress.
Challenging the Silence: A Spotlight on NDAs
One of the conference’s standout sessions featured the presentation of the Let’s Talk About Confidentiality report by Regina Featherstone from the Human Rights Law Centre and Sharmilla Bargon from WWC NSW. Released in April this year, their research examined the misuse of Non-Disclosure Agreements (NDAs) in workplace sexual harassment settlements, uncovering deeply concerning findings:
The session underscored the urgent need for reform and a firm commitment to addressing NDA misuse.
NDAs hinder transparency, prevent accountability, and retraumatise victim-survivors. It’s time for legislative reform to ensure victim-survivors are protected, not silenced,” said the keynote speakers.
Building Momentum for Change
WWCA is advocating for national law reform when it comes to the misuse of NDAs. NDA national law reform is another way we can dismantle systemic barriers to justice and create safer, harassment-free workplaces.
Abbey Kendall stated that “There are clearly times where NDAs can be helpful and even powerful for victim/survivors, and those are generally the times when the victim/survivor wants one. As always, the issue is nuanced. It is important to recognise that NDAs can be essential to the healing and closure of survivors/victims’ complaints.
It can’t be a blanket ban, but we can seek law reform and change that preserves the right of a women to negotiate an NDA and at the same time, ends the weaponization of NDAs.
The conference highlighted the importance of collaboration across sectors, uniting legal professionals, community advocates, and policymakers. It also served as a launchpad for WWCA’s national advocacy strategy, which focuses on policy reform, education, and community engagement.
The event concluded with a call to action, reminding attendees that workplace safety and gender equity are collective responsibilities. As Kendall emphasised:
We will be working with victim-survivors, Working Women’s Centres from across the country, our community legal service and trade union colleagues, the Australian Government, and other parliamentary representatives to make this change. It’s important change, simple change, and overdue change—let’s get it done.”
The Small Steps, Safe Workplaces – Sexual Harassment Conference reaffirmed the power of shared knowledge and advocacy in driving meaningful change for workplaces across Australia.
MEDIA RELEASE
Non-Disclosure Agreements (NDAs) in workplace settlements on sexual harassment, abuse and discrimination are having a chilling effect on victim-survivors, public transparency and action to change our workplaces for the better.
Almost all sexual harassment settlement agreements include a strict NDA which prevent the person who has experienced sexual harassment from speaking about it – including to family, their medical practitioners as well as public interest inquiries or investigations.
Abbey Kendall, WWCA CEO speaking at last week’s Small Steps, Safe Workplace Sexual Harassment Conference in Hobart, said:
“We know from public inquiries and even Royal Commissions that silencing of victim-survivors in institutional spaces causes enormous harm – so why would this be any different for workplace sexual harassment? There is growing evidence internationally that NDAs compound a person’s distress and pain, makes them feel that their own needs are being trampled on or betrayed, and creates feelings of debilitating shame and burden including around not warning others.”
“We also know that NDAs hinder positive action in workplaces and society to prevent sexual harassment in the first place; letting employers off the hook for systemic issues and perpetrators off the hook for their behavior.”
“Employers now have an express obligation to prevent sexual harassment and discrimination in the workplace, and we believe that the misuse and default use of NDAs, is in breach of Positive Duty laws introduced as part of the Albanese Labor Government’s commitment to implementing the Respect@Work recommendations.”
The Respect@Work Report raised grave concerns about the unregulated overuse and misuse of NDAs, and the impact they have on transparency and preventing sexual harassment. New Commonwealth guidelines around the use of NDAs have been produced.
However, a groundbreaking report released by the University of Sydney in March this year, Regina Featherstone and Sharmilla Bargon’s Let’s Talk About Confidentiality: NDA use in sexual harassment settlements since the Respect@Work Report, provides a powerful case that these guidelines have yet to substantially impact on how NDAs are used in Australia.
Kendall said,
“The Respect@Work NDA Guidelines can be helpful however it’s clear that more legislative and regulatory power is needed to change rusted on practices that protect cultures of sexual harassment. This can be seen in all types of workplaces right through to places like Federal Parliament where sexual harassment is being reported at high levels and as we recently saw in Senate Estimates, while attempting to stick to the NDA Guidelines even the Commonwealth admits there are times these may not be followed.”
Sharmilla Bargon, co-author of Let’s Talk About Confidentiality and Assistant Principal Solicitor, Working Women’s CentreNSW, said:
“Times have changed, and we need to take urgent steps to keep up with community standards and expectations. We must work together to stop sexual harassment, and not just react once the harm has already been done. Our research showed that there are significant issues with the way sexual harassment matters are resolved, in particular that NDAs are misused to both silence victim-survivors and to keep perpetrators in workplaces, free to sexually harass again. Perpetrators must be held accountable for their actions and employers must step up in their responsibilities to provide safe workplaces. Now is the time to take action.”
Legislative and regulatory change to restrict the overuse and misuse of NDA is the way forward to:
· Provide stronger protection for victim survivors and the public interest.
· Shakeup and ban rusted on practices that protect cultures of sexual harassment.
· Provide greater consistency with and to support Positive Duty to prevent sexual harassment laws.
· Build on important existing commitments to implementing Respect@Work recommendations.
Currently the Victorian Government is in the consultation stage for legislation to end the misuse of NDAs in cases of workplace sexual harassment, with other state Attorneys-General reportedly following this progress very closely.
Abbey Kendall concluded:
“We need to look closely at the system nationally – through Commonwealth and State-based systems – to change the laws and culture that ultimately serve to silence survivors and victims
“At WWCA, ending the misuse of NDAs is a key focus for our national advocacy and policy initiatives to advance women’s rights in the workplace. We will be working with our national Working Women Centre network, our community legal service and trade union colleagues, the Australian Government and other parliamentary representatives, to make this change. It’s important change, simple change and overdue change – let’s get it done.”
MEDIA ENQUIRIES
Abbey Kendall
CEO WWCA
0412 454 900
abbey@wwc.org.au
Thais Martins
Communications Officer WWCA
thais.martins@wwc.org.au
08 8410 6499