When does the NDA ban for sexual harassment commence in Australia?

The Fair Work Amendment (Confidentiality Clauses) provisions take effect on 1 November 2026. From that date, certain non-disclosure clauses in workplace agreements relating to sexual harassment complaints are unenforceable.

What does the NDA ban actually prohibit?

The reform makes it unlawful to require an employee to enter into a non-disclosure agreement (NDA) that would prevent them from disclosing information about sexual harassment they experienced or witnessed at work. Employers can still ask for confidentiality about commercial settlements, but cannot use NDAs to silence harassment victims.

Does the NDA ban apply retrospectively?

The ban applies to NDAs entered into on or after 1 November 2026. Existing NDAs signed before that date may still be enforceable, though there are arguments that public-policy provisions could limit their enforceability for harassment disclosures even retrospectively. Get legal advice if you're bound by a pre-2026 NDA.

Can I still be asked to keep my settlement confidential?

Yes — for the commercial terms of a settlement (the dollar amount, the structure of payments). What you cannot be required to keep confidential is the FACT that sexual harassment occurred or your account of what happened. The line between these is sometimes contested.

What happens if my employer tries to enforce a banned NDA?

An NDA that contravenes the ban is unenforceable. Threatening to enforce one (or to sue for breach) may also constitute adverse action under the Fair Work Act, giving rise to a separate claim. Report attempted enforcement to the Fair Work Ombudsman or the Australian Human Rights Commission.

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 2026

The 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.

Workplace Sexual Harassment NDAs Are Void From 1 November 2026 — What It Means for You

From 1 November 2026, NDAs in workplace sexual harassment settlements are unenforceable against victims under Federal law. Here's what the ban covers, what it doesn't, and what to do about existing NDAs.

Redundancy Tax-Free Limit 2026-27: $13,598 + $6,801/yr

The 2026-27 genuine redundancy tax-free limit is $13,598 plus $6,801 per completed year of service. Calculate your tax-free amount and after-tax payout.

How to Negotiate a Better Redundancy Package in Australia (Step-by-Step 2026)

Most employees accept the NES minimum redundancy without negotiating. Learn step-by-step how to negotiate additional weeks, outplacement, and other extras to maximise your redundancy package in 2026.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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