NDA Ban for Workplace Sexual Harassment — Tracker
From 1 November 2026, non-disclosure agreements that silence sexual harassment victims are unenforceable in Australian workplaces. Live countdown plus what's banned, what's still allowed, and what to do if asked to sign one.
Last verified: 2 August 2026The reform applies to NDAs entered into on or after 1 November 2026. Existing NDAs signed earlier may still be enforceable — get advice.
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What is banned from 1 November 2026
- NDAs preventing harassment disclosures. An employer cannot require you to sign an NDA that prevents you from disclosing information about sexual harassment you experienced or witnessed at work.
- Settlement clauses that silence the fact of harassment. Settlements can keep the dollar amount confidential, but cannot keep the FACT of the harassment confidential.
- Threats based on banned NDAs. Threatening to sue for breach of a banned NDA may itself be unlawful adverse action.
What is still allowed
- Confidentiality about the commercial terms of a settlement (dollar amount, payment structure).
- Confidentiality about commercial information unrelated to the harassment (trade secrets, client lists).
- Standard professional confidentiality obligations not directed at silencing harassment claims.
Asked to sign an NDA right now?
If you're negotiating a settlement before 1 November 2026, you can ask for the NDA to specifically EXCLUDE harassment disclosures, even though the ban hasn't commenced. Many employers will agree to forward-compatible terms. Get legal advice from a community legal centre, your union, or a workplace lawyer.
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