In a major legal shift designed to protect workers and stop systemic secrecy, Victoria’s Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025 came into force on 1 July 2026. The landmark legislation restricts the standard practice of using non-disclosure agreements (NDAs) to cover up workplace sexual harassment claims.
Under the new law, employers can no longer enforce or demand confidentiality clauses or non-disparagement terms as a default requirement in settlement agreements.
Key Rules Under the Act
To ensure power remains with victim-survivors, an NDA entered into after 1 July 2026 is illegal and unenforceable unless specific preconditions are met:
- Worker-Led Request: The complainant must explicitly request the NDA out of their own preference, rather than being pressured or influenced into signing one.
- Mandatory Review Period: Complainants must receive an official government Information Statement and be given a 21-day review period to seek legal or personal advice, though they may choose to shorten or waive this timeframe.
- Formal Acknowledgement: Both parties must complete an official acknowledgment form confirming that all statutory prerequisites were satisfied prior to signing.
If an agreement fails to meet these preconditions, any clause preventing a worker from speaking out about their experience or identifying an adult respondent will be legally void. Further guidance and official declaration templates can be found directly on the Victorian Government website.
Please contact us on admin@phsolicitor.com.au or phone (03) 9642 0435 to discuss any matter or to arrange an appointment.
Disclaimer: Nothing in this article should be relied upon as legal advice. The contents of this article should be regarded as information only.
