I rise to speak in strong support of the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Bill 2025.
This Bill is about addressing a power imbalance and putting the voices of victim-survivors first. It is about giving people back agency and choice after experiences that took both away. It is about breaking down a culture that has, for too long, silenced those who have been harmed in order to protect those who caused that harm.
Non-disclosure agreements - or NDAs - were never designed for this purpose. They were created to protect trade secrets and intellectual property. But over time, they’ve been distorted into something much darker: a mechanism to protect reputations, conceal misconduct and uphold power.
For too many people - overwhelmingly women - NDAs have become part of the trauma of workplace sexual harassment. They are told that signing an NDA is the only way to move on, the only way to close the chapter, the only way to keep their job or their reputation. But what’s really happening is they are being locked into silence.
That silence can be all consuming. Victim-survivors have spoken about being unable to talk even to their family, their friends, or their doctor. They cannot seek counselling without fear of breaching a clause. They cannot warn others, and they cannot tell the truth about what happened to them.
And that silence is significant. It isolates. It breeds shame where there should be accountability. It hides serial offending. It protects perpetrators and institutions rather than people.
As one brave woman shared with the Government’s consultation: “It’s affected me long term because now I can’t talk about it. I can’t warn people. I can’t share my experience with those who would understand most. The most severe long-term impact is that I just signed it because I couldn’t fight anymore.”
These are not isolated experiences. They are the lived reality of too many Victorians.
We know that sexual harassment in the workplace is far too common. A major survey by the Australian Human Rights Commission found one in three workers have experienced sexual harassment in the past five years. We also know it is an inherently gendered issue: the overwhelming majority of victim-survivors are women. More than half of those women say the harassment damaged their work life, and one in four say it harmed their career progression.
While NDAs may serve a legitimate business function in some context, they have been distorted into gag orders - preventing transparency, perpetuating abuse, and making workplaces less safe. Not just that – they’ve become the default rather than the exception. And the consequences are devastating.
International research has found that 95 per cent of people who signed NDAs in sexual-harassment cases reported negative mental-health impacts tied to their inability to speak about their experience.
This harm is immense and it extends beyond individuals. When NDAs are used to bury misconduct, they deprive workplaces of the chance to learn, to improve, and to hold offenders accountable. They create a culture of secrecy and consequence avoidance - a toxic environment in which harassment can perpetuate.
That culture has no place in Victoria.
This Bill seeks to end it. It will make Victoria a leader - joining a small number of international jurisdictions that have already taken this step, including Ireland, Prince Edward Island in Canada, several American states, and the United Kingdom.
Under these reforms, it puts the complainant in control of any NDA, it empowers them with choice, with freedom, with dignity. It offers them the opportunity to enter an NDA if it serves them, without undue pressure or influence.
And even when an NDA exists, the complainant retains the right to make permitted disclosures – such as to police officers, health or legal professionals, or a trusted friend or family member. Critically, it also allows the complainant to end an NDA after twelve months – acknowledging that many survivors sin these agreements while in distress.
This is a balanced and fair model. It ensures that employers can still resolve claims out of court, avoiding lengthy or public litigation, while protecting workers from coercion or permanent silence. And it acknowledges that genuine confidentiality - when chosen freely - can still serve a purpose.
This is a critical step forward, and one that builds on the Allan Labor Government’s strong record of leadership in gender equality, workplace rights, and mental health and wellbeing.
We’ve legislated the Gender Equality Act, reformed our mental health system, supported flexible work, and transformed the way women receive healthcare - because when Victorians are safe, supported, and heard, they can thrive.
Indeed on Sunday, I joined the Premier and the Minister for Health to release the Bridging the Gender Pain Gap report - the result of Victoria’s landmark Inquiry into Women’s Pain. The inquiry has shone a light on the impact of suffering in silence - the isolation it creates, the disbelief women face, and the urgent need for a culture shift so women’s pain is recognised, understood, and properly treated.
That same culture of silence - of minimising women’s experiences and protecting reputations instead of people - is exactly what this Bill seeks to end.
Speaker, whether it’s in our health system or our workplaces: women being told to stay quiet, to put up with it, to move on is not okay. This Bill is about breaking that silence - ensuring women’s voices and stories are heard, their experiences believed, and their rights protected.
As another woman told us: “The NDA was the organisation’s way of not accepting liability. It was another form of power and control they had over employees. It should never be contingent on settling a claim.” She’s right.
This Bill restores fairness, balance and humanity to a system that has long failed too many. It gives survivors the right to decide what is best for them - and it protects their ability to seek support, to be heard, and to heal.
Above all, it sends a clear message: the days of silence are over.
Workplaces must be places of respect, dignity and safety. Employers must be accountable. And survivors must have the right to speak their truth without fear.
I commend the Bill to the house.
