We’ve updated our guidance for lawyers on the use of non-disclosure agreements (NDAs) in workplace sexual harassment matters, following the introduction of Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic) on 1 July 2026.
Victorian lawyers who draft, negotiate, or advise on NDAs must familiarise themselves with the new Act to ensure they comply with its requirements.
The Act sets out preconditions that must be met for an NDA to be enforceable, including:
- the NDA must be initiated by the person who made the complaint about workplace sexual harassment
- the person who made the complaint:
- can’t be influenced or pressured into signing an NDA
- must be given a mandatory information statement and a 21-day review period, during which they can get legal advice.
- Each party to the NDA must acknowledge the preconditions were met through an approved form.
The Act aims to prevent NDAs from being used as the default approach to settle workplace sexual harassment claims, and to reduce power imbalances in the NDA process.
Failure to abide by the new requirements could see lawyers face disciplinary action.