What does the 1 November 2026 NDA ban do?

From 1 November 2026, NDAs entered into in connection with workplace sexual harassment matters are VOID where the worker is the victim. The ban targets clauses that prevent victims speaking about their experience. It mirrors similar bans already in force in NSW (Sept 2025) and Victoria (Dec 2024).

Does the ban apply to NDAs signed before 1 November 2026?

No, the ban applies prospectively to NDAs entered into on or after the commencement date. However, NDAs signed pre-ban are not automatically enforceable either — several common clauses are already unenforceable under existing law (e.g., clauses preventing reports to regulators, communications with lawyers or doctors, or giving truthful evidence in legal proceedings).

Can my employer still ask me to keep settlement details confidential?

Yes — the ban targets NDAs that silence victims about the underlying conduct, not all confidentiality. Settlement amount and specific terms can still be made confidential where the victim freely chooses to do so. The key shift is that you cannot be REQUIRED to stay silent about what happened to you as a condition of receiving the settlement.

What if my NDA tries to stop me reporting to police or a regulator?

That clause is unenforceable, regardless of whether the NDA was signed before or after 1 November 2026, and regardless of what the conduct is. As a matter of public policy, courts will not enforce contractual gag clauses that prevent reports of unlawful conduct to ASIC, the Fair Work Commission, the Australian Human Rights Commission, Worksafe, or the police.

Can I tell a lawyer about my NDA even if it says I can't?

Yes, absolutely. Clauses that purport to prevent you from seeking legal, medical, psychological or registered tax advice are unenforceable. You can also speak to a counsellor, your partner, or other support people — and many NDAs explicitly permit this anyway. If your NDA is blanket-silent on this, the law overrides it.

NDA Enforceability Check

From 1 November 2026, NDAs covering workplace sexual harassment are void against victims. Check whether your NDA is enforceable, partially unenforceable, or fully void — with reasoning.

Last verified: 21 May 2026

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

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