When a woman experiences sexual harassment at work, their first thought shouldn’t be, “Will I have to stay silent?”.
Their focus should be accessing the support they need. Her employer’s focus should be dealing with the alleged perpetrator.
Yet for too many women, that’s not what happens. Instead, they’re handed a non-disclosure agreement (NDA).
NDAs were originally designed to protect commercial information and trade secrets.
For too long, they’ve been used to do something very different: They stop victim survivors from speaking about sexual harassment in the workplace.
That’s why we’ve changed the law.
Victoria is now the first state in Australia to restrict the misuse of NDAs in workplace sexual harassment matters.
Our work was backed by a number of firsthand accounts from women who told us exactly what that silence costs.
One described it like this: “Either you shut up or you are left with nothing.”
Another said: “I thought it was done. I thought I could move on. Instead, I have to live with its constant chokehold on my recovery.”
These reforms are about one thing, putting victim-survivors back in control.
No one should have to sign away their voice just to move on.
If someone wants to tell their story, warn others or simply speak openly about what happened to them, they shouldn’t be prevented from doing so.
Some victim-survivors want privacy, and that choice should absolutely be respected.
But under these new laws, employers can no longer make silence the default.
Workers must receive clear information about their rights and time to consider any agreement before signing it.
Employers cannot pressure someone into signing an NDA and even if an agreement is signed, people can always speak to Victoria Police, doctors, lawyers and other prescribed support services.
After 12 months, they can choose to end the agreement.
These reforms won’t stop workplace sexual harassment overnight, but they do shift the balance of power.
They recognise that victim-survivors should control their own story – not their employer.
For too long, too many women have been denied that choice.
Now they won’t be.