Alert! Banning NDAs – Resolving Harassment Disputes without Hush Money – Leo Cussen Centre for Law

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Alert! Banning NDAs – Resolving Harassment Disputes without Hush Money

Alert! Banning NDAs – Resolving Harassment Disputes without Hush Money

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The Victorian Government has introduced new laws to restrict NDAs in the resolution of workplace sexual harassment cases. These restrictions aim to empower complainants, promote transparency, and ensure the settlements are not tied to silence.

This seminar examines what impact this ban will have on sexual harassment settlements, lessons from other jurisdictions, upstream effects, and implications for employment law practice.

Key insights on this change include:

  • Overview of the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Bill 2025 in Victoria.
  • Rules around NDAs, drafting compliant confidentiality clauses, and exceptions for requests made by complainants.
  • Mandatory pre-signing review periods, cooling-off, and prohibition of employer pressure in NDA negotiations.
  • The potential impact on settlement amounts in the absence of NDAs.
  • Expected changes in the resolution of sexual harassment.
  • Potential and trends compared with other jurisdictions that banned NDAs.
  • Strategies for lawyers to advise clients on compliance, risk management, and litigation or settlement navigation in a post-NDA-ban environment.
  • Significant and recent harassment matters.

Learn how Victoria’s new NDA laws will reshape sexual harassment settlements and discover the strategies need to advise, negotiate, and manage harassment disputes in the future.