Victorian Government restricts NDAs for Workplace Sexual Harassment for Victorian workers

The Victorian Government has passed legislation, which restricts when and how non-disclosure agreements (NDAs) relating to workplace sexual harassment can be used.

The key changes have been implemented under the Restricing Non-disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic). The changes significantly impact how NDAs relating to workplace sexual harassment will operate by restricting how and when NDAs can be entered into, the terms that can and cannot be included, and the enforcability of NDAs.

The changes apply to workplace sexual harassment connected to Victoria, including where a complainant usually works in Victoria or is based in Victoria. It extends to employees, contractors and volunteers.

It is expected that the new legisaltion will become effective 1 July 2026, with NDAs made before the commenment date not affected.

Disclaimer: This does not purport to be comprehensive or to render legal advice. You should not act based on any information contained in this publication without first obtaining specific professional advice. Consult your legal advisor to determine if this applies to you.