The state government is currently consulting on this  matter.

Non-Disclosure Agreements (NDAs) are commonly used by employers to resolve disputes about alleged sexual harassment in the workplace. There is growing scrutiny of this practice where in some cases, it can contribute to a culture of silence and enable perpetrators to avoid accountability for their actions.

What is a non-disclosure agreement (NDA)?

Complaints of workplace sexual harassment are often settled out of court.

As part of the settlement, the parties concerned may sign an NDA – an agreement to keep certain information confidential such as the identity of the perpetrator and/or complainant and details of the complaint.

There are scenarios where an NDA is the best option for all parties including for the victim, where an NDA might strike an appropriate balance of non-disclosure while ensuring the victim does not have to go through litigation.

About the review

The South Australian Government is considering introducing legislative reforms to give victims of harassment greater control of the use of NDAs and to prevent their misuse.

Your views are invited to inform the drafting of the legislation. Consultation on the discussion paper (PDF, 301.3 KB) is open from 5 November to 17 December 2026.

Individuals and organisations can make a submission (confidentially if desired) by email to LLPsubmissions@sa.gov.au.

Next steps

The government will carefully consider all feedback provided before preparing draft legislation for further consultation.