Victoria to restrict non-disclosure agreements that silence sexual harassment victims

Victoria to restrict non-disclosure agreements that silence sexual harassment victims

non-disclosure agreements

The Victorian government will take steps to curb sexual harassment in workplaces and the use of non-disclosure agreements in sexual harassment cases, as it accepts in-part or in-principle 21 recommendations from a taskforce.

Significantly, the government will move to ensure workplaces treat sexual harassment as an occupational health and safety issue – one of the key recommendations of the Ministerial Taskforce on Workplace Sexual Harassment. It will also restrict the use of non-disclosure agreements in sexual harassment cases that often silence victim-survivors.

The move to restrict the use of non-disclosure agreements in Victorian workplaces is an Australian first. This recommendation was accepted by the government “in-principle”, noting the complexity of non-disclosure agreements and the “significant further work required” before legislative amendments can be made to regulate them.

“The Victorian Government supports undertaking further work on appropriate options for restricting the use of NDAs in workplace sexual harassment cases,” the government said.

The government said it supports treating work-related gendered violence and workplace sexual harassment as an occupational health and safety issue, and it will increase the capacity of WorkSafe to lead and implement the changes.

The government will also use WorkSafe to focus attention of the highest risk industries and sectors, as well as priority cohorts.

“A workplace that is not free from sexual harassment is not a safe workplace,” Ingrid Stitt, Victorian Minister for Workplace Safety said.

“These reforms will ensure employers understand they have clear occupational health and safety obligations to protect workers from sexual harassment.”

Victorian Minister for Women Natalie Hutchins acknowledged the strength of many women who have spoken about their experiences in the workplace, and said their voices have contributed to the government’s adoption of these recommendations.

“It has taken the strength of many women who have spoken out, shared their experiences and continued to fight for a better culture to arrive at these recommendations,” Hutchins said. “We’re taking further steps towards ensuring all workplaces are safe.”

×

Stay Smart! Get Savvy!

Get Women’s Agenda in your inbox