Aussie state makes huge workplace call

Radical changes to Australian workplaces designed to better support victims of sexual harassment are inching closer to reality.

Victorian Premier Jacinta Allan has released a new discussion paper on the use of nondisclosure agreements in settling sexual harassment claims in the workplace, with a view to clamping down on the potential misuse of the legal instrument to silence victims.

“The challenge with NDAs, and my information comes from listening directly from victim-survivors, people who have experienced sexual harassment at work, and then have had to be re traumatised by going through the NDA process, is that it silences victims,” Ms Allan told the Daily Aus podcast ahead of the announcement.

“It is not designed to address the issue in the first place, which is to address harassment in the workplace.”

Ms Allan said the government would undertake consultation to see how changes to a “complex area of the law” could deliver better protections to victims of abuse.

The premier said she was not pushing for an outright ban on the use of NDAs.

“It is important to remember, for some victims, they may want to retain the choice to have an NDA in place to protect their privacy,” she said.

Some of the potential changes include prohibiting the use of NDAs unless they are requested by the person making the complaint and enshrining a “cooling off” period to give victims of harassment time to make an informed decision about whether or not they want to sign an NDA.

The government will look to ensure businesses cannot unduly pressure or influence a complainant to enter an NDA.

It will also consider offering complainants the option to waive confidentiality at some point in the future.

“This is definitely an issue that has been identified,” Ms Allan said.

Kim, a victim of sexual harassment, said the misuse of NDAs allowed perpetrators to continue their behaviour.

“It leaves them without any consequences to their career, employability, or their business if they are owners plus it leaves others vulnerable to their behaviour,” she said.

“It essentially allows for the cover up or hiding of illegal and harmful behaviour and practices.”

Another, Billie, said she had signed an NDA because of economic pressures.

“I was very traumatised at the time and suffering terrible anxiety due to the way I had been treated,” she said.

“I could not stay working at the workplace and I had rent to pay, so I signed the NDA.

“This was a terrible injustice.

“It happened many years ago now but I still clearly remember the trauma and injustice of the whole situation.”

NDAs were originally developed to help companies protect their trade secrets.

There is no clear timeline for when the potential changes could come into effect.

“Should there be legislative change required, that’s also in the hands of the Victorian parliament,” she said.

“The government of course would sponsor the bill and bring the bill to parliament, but ultimately the time it takes to pass the parliament is in the hands of the parliament.”

If the changes were to come into effect, Victoria would become the first state in Australia to alter how NDAs are used in sexual harassment claims.

Legislation to restrict the use of NDAs in workplace sexual harassment cases was a key recommendation from the Victorian Ministerial Taskforce on Workplace Sexual Harassment.

Industrial Relations Minister Tim Pallas said the changes would make Victorian workplaces safer.

“We know that NDAs are too often misused, and this reform is about putting the voices of victim-survivors first,” he said.