Victoria’s Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025 commenced on July 1, 2026. 

These reforms are designed to ensure workers have greater choice, protection and control over whether an NDA is used. They have come into effect after years of campaigning in Australia and internationally by those who have argued that NDAs are being frequently misused to protect perpetrators, employers, and corporate reputations. No worker should feel pressured into silence. 

Importantly: 

  • A worker cannot be required to sign an NDA that prevents them from speaking about their experience of workplace sexual harassment. 
  • Only a worker can request an NDA if they want one. 
  • Workers who request an NDA must be provided with information about their rights and given time to consider their decision. 
  • Additional safeguards are in place to help ensure NDAs are not used inappropriately or under pressure. 
  • These changes represent an important step towards safer, fairer and more transparent workplaces. 

Working Women’s Centre Australia commends the Victorian Government for supporting this piece of progressive legislation, but more importantly we would like to acknowledge and recognise those who have campaigned hard for this reform, including workers and their unions through the Victorian Trades Hall Council, victim-survivors, legal advocates and the Working Women’s Centre Victoria.  

Workers and employers can access information, guidance and resources at: https://www.vic.gov.au/nda 

Since 2019, several international jurisdictions including in the UK, Ireland and the US have implemented reforms preventing the use of NDAs in sexual harassment and discrimination matters in response to growing movements and changing societal expectations. These reforms are compared within the attached Interjurisdictional Comparison Table with key points and some unique features. 

Working Women’s Centre Australia campaign, Our Silence Is Not For Sale, provides important context on why we’re calling for reform of NDA practices not just in Victoria, but across Australia.  

Learn about the campaign and our 14 recommendations and how you can show your support here: https://www.wwc.org.au/wwca-hub/nda-campaign/14-key-recommendations/

NDAs Interjurisdictional comparison – July 2026Download