ACTU Submission to Victorian Government Consultation into Restricting the Use of Non-disclosure Agreements in Workplace Sexual Harassment Cases
The ACTU welcomes the opportunity to make a submission to this consultation about restricting the use of non-disclosure agreements (NDAs) in sexual harassment matters.
The misuse of NDAs (including as a tool to conceal sexual harassment, silence victims, protect perpetrators and organisations and avoid liability) is internationally recognised as a problem. The #MeToo movement put this issue into the spotlight in 2017, and since then a significant shift in the understanding and regulation of NDAs has been taking place in many parts of the world. This has included legislative and other regulatory reform in multiple jurisdictions, informed by recent research and data about the harmful impacts of NDAs on victim-survivors, workplace cultures, and the ability of employers and institutions to prevent and respond to sexual harassment and discrimination.
The ACTU and its affiliates call for an end to the misuse of NDAs in workplace sexual harassment and discrimination cases. The ACTU strongly supports the campaign ‘End the Silence’ run by our affiliate, Victorian Trades Hall Council (VTHC) to end the misuse of NDAs. We acknowledge the significant amount of work done by VTHC, including conducting the only known survey of Australian workers with direct experience with NDAs in the workplace (VTHC Survey), which has received 243 submissions since March 2023. VTHC has also worked directly with victim-survivors to support them to share their experiences as part of this consultation. VTHC’s submission to this consultation and its proposed legislative model are informed by its engagement with and the testimonies of victim-survivors, which have highlighted the short and long term impacts of being silenced.
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