Today in Parliament, Abigail gave notice of a motion calling for the NSW government to urgently take action to prevent blanket confidentiality being used as a tool to silence victim-survivors of workplace sexual harassment.

Abigail said: 

I give notice that on the next sitting day I will move: 

(1) That this House notes that:

• non-disclosure agreements (NDAs) operate to prevent parties to a dispute from disclosing information following a settlement agreement through confidentiality or non-disparagement terms;
• in the context of workplace sexual harassment, NDAs often require victim-survivors to keep their experiences confidential as a condition of receiving compensation, effectively contracting victims into silence;
• in almost all workplace sexual harassment settlements, NDAs are sought by the employer or perpetrator, not the victim-survivor, thereby exploiting power imbalances to sheild employers from reputational harm and reduce accountability; 
• contributors to the Australian Human Rights Commission’s (AHRC) 2025 Speaking from Experience report described NDAs as barriers to healing, closure and systemic change, noting that victims often feel pressured to sign due to fears of job loss, retaliation or reputational harm;
• according to the AHRC in the Speaking from Experience report, NDAs used in sexual harassment cases are frequently weaponised by perpetrators and can: 
  • exacerbate isolation and grief arising from enforced silence of victim-survivors;
  • prevent victim-survivors’ access to counselling, connection and advocacy; and
  • undermine transparency, which is essential for accountability; and 
• human rights experts Jennifer Robinson and Dr Keina Yoshida have:
  • stated that “[p]lacing survivors in silos of silence under NDAs creates a culture of impunity that enables further abuse”; and 
  • questioned “how can we as a society tackle gender-based violence and workplace harassment if those affected by it can’t talk about it?”.

(2) That this House recognises that:

• in 2022 the AHRC and Respect@Work Council developed Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints, which set out best-practice victim-centred alternatives to blanket confidentiality;
• despite the guidelines, NDAs remain common in sexual harassment settlements, with a 2024 Human Rights Law Centre and Redfern Legal Centre study finding NDAs were “standard practice”, with 75% of legal practitioners never having resolved a sexual harassment matter without one;
• the AHRC’s most recent 2025 Speaking from Experience report recommended that governments act to restrict the use of confidentiality and non-disclosure agreements in workplace sexual harassment cases, to enhance transparency and properly protect victim-survivors, yet NSW has not proposed any legislative reform seeking to do so;
• there are different models emerging internationally to regulate the use of NDAs in sexual harassment cases, including in Ireland, Canada, the US and the UK; and 
• in late October 2025, the Victorian Government introduced the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Bill 2025 which: 
  • is the first bill in Australia to seek to restrict NDAs used in workplace sexual harassment cases within both the private and public sectors; 
  • models the existing Irish legislation which prohibits NDAs in sexual harassment and discrimination cases unless such an NDA is expressly requested by the victim-survivor;
  • covers both explicit prohibitions on communicating facts about harassment and indirect restrictions embedded in non-disparagement or confidentiality provisions; 
  • allows a worker who has entered into a workplace NDA to talk to certain people and bodies such as Victoria Police and medical and legal professionals; 
  • mandates the provision of information statements and a review period of at least 21 days before a worker signs a workplace NDA; and 
  • grants a worker an unconditional right to terminate a workplace NDA after giving 12 months of notice to the other party.

(3) That this House affirms that:

• survivors of workplace sexual harassment should never be compelled into silence as a condition of settlement;
• transparency and accountability are essential to preventing workplace sexual harassment before it occurs and ensuring safe, respectful workplaces across NSW; and
• addressing and eliminating gender-based violence requires fostering a culture where all victim-survivors can speak out without fear of retaliation, professional harm or reputational damage.

(4) That this House calls on the NSW government to:

• commit to aligning NSW with emerging national and international best practice, by introducing legislative reform to restrict the use of NDAs in workplace sexual harassment and discrimination cases; 
• properly resource the specialist community organisations who provide accessible and culturally appropriate education on workplace sexual harassment; 
• embed workplace sexual harassment education into respectful relationships and consent education in schools; and
• ensure victim-survivors of workplace sexual harassment and discrimination can safely access trauma-informed support to navigate justice, healing and recovery pathways. 

Notice given 20 November 2025