State gears up on nation-leading reform to NDA use in covering up sexual harassment at work
The Victoria government has launched consultations for upcoming legislation that would restrict the use of non-disclosure agreements (NDA) in workplace sexual harassment cases.
In a media release, the government is encouraging victim-survivors to come forward and provide feedback on potential legislation, which they can do anonymously via a short and confidential survey.
"We know that NDAs are too often misused, and this reform is about putting the voices of victim-survivors first," said Industrial relations Minister Tim Pallas in a statement.
Businesses, unions, workers, legal groups, and other members of the community are also invited to participate in the consultation until September 8.
The consultation will seek feedback on the following potential protections, including:
- Prohibiting NDAs unless requested by the complainant
- Ensuring no attempts have been made to unduly pressure or influence a complainant to enter an NDA
- Ensuring an NDA does not adversely affect others
- The ability for the complainant to decide to waive their own confidentiality in the future
- Review and "cooling off" periods
- Permitted disclosures (including to legal professionals, medical and mental health professionals, prospective employers, union representatives, and support people)
'Widespread use' of NDAs
The upcoming legislation comes amid "widespread use" of NDAs to conceal sexual harassment cases in the workplace, according to a report from the University of Sydney.
Testimonies from victim-survivors shared by the Victorian government further indicated that NDAs allow employers for the "cover up or hiding of illegal and harmful behaviour and practices."
"It leaves perpetrators able to continue their behaviour. It leaves them without any consequences to their career, employability, or their business if they are owners plus it leaves others vulnerable to their behaviour," said "Kim," one of the victim-survivors quoted by the Victorian government.
Victoria Premier Jacinta Allan slammed the use of NDAs on workplace harassment cases as "flat-out wrong."
"We've listened directly to victim-survivors who have been silenced, and this nation-leading reform will make sure they are heard," Allan said in a statement.
Restricting NDAs
Restricting NDAs is one of the recommendations from the Ministerial Taskforce on Workplace Sexual Harassment.
If the legislation passes, Victoria is the first state in Australia to prohibit the use of NDAs in workplace sexual harassment cases. It is also the second place in the world to do so after the province of Prince Edward Island in Canada.
