From 1 July 2026, Victoria has become the first Australian jurisdiction to restrict the use of non-disclosure agreements (NDAs) in workplace sexual harassment matters, under the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025.

Under the new laws, a worker cannot be asked to sign an NDA that prevents them from discussing their experience of workplace sexual harassment, or from naming the person who harassed them (where that person was 18 or older). NDAs can no longer be treated as a standard or routine part of resolving a sexual harassment complaint.

A workplace NDA will now only be available where the complainant expressly requests it, has been given a mandatory information statement and review period, and has not been pressured or influenced into signing. Complainants retain the right to make general disclosures to permitted recipients, including legal practitioners, medical professionals, support persons, WorkSafe and Victoria Police.

The reforms follow recommendations from the Victorian Ministerial Taskforce on Workplace Sexual Harassment, which found NDAs were frequently used to silence complainants rather than to protect their preferences.

Employers with Victorian operations should review their standard dispute-resolution and settlement documentation to ensure compliance with the new requirements.