Premier Jacinta Allan pushes for clampdown on sexual harassment NDAs in workplaces

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Premier Jacinta Allan pushes for clampdown on ******* harassment NDAs in workplaces

******** changes to *********** workplaces designed to better support victims of ******* harassment are inching closer to reality.

Victorian Premier Jacinta Allan has released a new discussion paper on the use of nondisclosure agreements in settling ******* harassment claims in the workplace, with a view to clamping down on the potential misuse of the legal instrument to silence victims.

“The challenge with NDAs, and my information comes from listening directly from victim-survivors, people who have experienced ******* harassment at work, and then have had to be re traumatised by going through the NDA process, is that it silences victims,” Ms Allan told the Daily Aus podcast.

“It is not designed to address the issue in the first place, which is to address harassment in the workplace.”

Ms Allan said the government would go through further consultation to see how changes to a “complex area of the law” could deliver better protections to victims of ******.

The premier said she was not pushing for an outright ban on the use of NDAs.

Camera IconVictorian Premier Jacinta Allan is pushing for change in how NDAs are used to settle workplace ******* harassment claims. NewsWire / Nicki Connolly Credit: News Corp Australia

“It is important to remember, for some victims, they may want to retain the choice to have an NDA in place to protect their privacy,” she said.

Some of the potential changes include prohibiting the use of NDAs unless they are requested by the person making the complaint, and enshrining a “cooling off” ******* to give victims of harassment time to make an informed decision about whether or not they want to sign an NDA.

The government will also consider offering complainants the option to waive confidentiality at some point in the future.

“This is definitely an issue that has been identified,” Ms Allan said.

There is no clear timeline for when the potential changes could come into effect.

“Should there be legislative change required, that’s also in the hands of the Victorian parliament,” she said.

“The government of course would sponsor the bill and bring the bill to parliament, but ultimately the time it takes to pass the parliament is in the hands of the parliament.”

If the changes were to come into effect, Victoria would become the first state in Australia to alter how NDAs are used in ******* harassment claims.

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