NDAs are commonly used by employers to resolve disputes about alleged sexual harassment in the workplace, however, there has been 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.

International and well-publicised examples like the Harvey Weinstein case at the centre of the #MeToo movement highlight how, at times, NDAs can silence victims and enable repeat offending by preventing allegations from coming to light.

In the lead-up to this year’s state election, the Government pledged to consult on reforms to give greater control to victims of harassment about the use of NDAs.

Issues canvassed in the Discussion Paper released today include Australian and international law reform comparisons, procedural safeguards around the making of NDAs, and whether a victim should be permitted to make disclosures to healthcare professionals and other support workers despite an NDA being in place.

In canvassing these potential areas for reform, the Discussion Paper recognises there are situations where an NDA can be a legitimate tool to help settle disputes, including by providing closure to victims and ensuring they do not have to face litigation if they do not wish.

To read the Discussion Paper or make a submission, visit the AGD website. Consultation will be open for 6 weeks.

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