The Victorian Government is introducing a new law which will change the way non-disclosure agreements (NDAs) can be used in workplace sexual harassment cases.

The Restricting Non Disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic) introduces a new legal framework that limits how NDAs can be used, what they may include, and how they may be enforced.

The Act aims to prevent NDAs being used as the default approach to settle workplace sexual harassment claims and to reduce power imbalances in the NDA process. 

It has been introduced in response to the Victorian Ministerial Taskforce on Workplace Sexual Harassment's findings that NDAs are often misused to silence victims, protect employer reputations, avoid full liability, and hide serial offending.

Lawyers play a key role in drafting, negotiating and advising on NDAs to resolve workplace sexual harassment complaints. We encourage Victorian lawyers to familiarise themselves with the new Act now to ensure they are compliant once it commences..

Key features of the NDA Act

Under the new Act, NDAs in workplace sexual harassment matters are only permitted in certain circumstances, and preconditions must be met before entering into a workplace NDA. These include:

• the NDA must be initiated by the worker who made the complaint of workplace sexual harassment (complainant) 
• the complainant cannot be influenced or pressured into signing an NDA
• the complainant must be given a mandatory information statement and a 21-day review period, during which they can obtain legal advice
• each party must acknowledge (through an approved form) that all preconditions have been met
• if the preconditions are not met, the NDA will not be enforceable.

Information and support

To support Victorian lawyers to understand their obligations under the new NDA Act we will be updating our guidance for lawyers. The updated guidance will be available on 1 July.
For more information about the NDA Act, visit the Victorian Government website.