NDA Ban for Workplace Sexual Harassment — Tracker
Where the law on non-disclosure agreements for workplace sexual harassment stands: a federal ban is a proposal, not law; Victoria's restrictions have applied since 1 July 2026. Plus what to do if you're asked to sign one.
No federal NDA ban is in force (no Act or Bill found as at 26 October 2026). Victoria's Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025 has applied since 1 July 2026.
Where the law stands (checked 26 October 2026)
Federal (Fair Work Act)
Proposed — not law
We could not find a federal Act or Bill restricting NDAs about workplace sexual harassment. Treat any "1 November 2026" start date as unconfirmed until legislation is passed and published on the Federal Register of Legislation.
Victoria
In force from 1 July 2026
The Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic) limits NDAs in workplace sexual harassment matters: a confidentiality term is generally only allowed where the complainant asks for it, after receiving an information statement and a review period.
What applies in Victoria (from 1 July 2026)
- Confidentiality at the complainant's request. A confidentiality term about workplace sexual harassment is generally only allowed where the person who experienced it asks for one.
- Information statement and review period. The complainant must be given a prescribed information statement and time to consider the agreement.
- Protected disclosures. A confidentiality term cannot stop disclosures to regulators, police, lawyers, health practitioners or close personal supports.
The federal proposal
A federal restriction on harassment NDAs has been discussed, but as at 26 October 2026 we could not find a federal Act or Bill. Until legislation passes, an NDA signed outside Victoria is assessed under the general law. We will update this page when a federal law is published on the Federal Register of Legislation. See also the NDA enforceability check.
Asked to sign an NDA right now?
You can ask for the NDA to allow disclosures to regulators, police, your lawyer, your doctor and your family, and not to cover your own account of the harassment. Get legal advice from a community legal centre, your union, or a workplace lawyer before you sign.
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