Shining a light in dark places

In the wake of the #MeToo movement, Australians have become increasingly aware of the systemic issues that allow workplace sexual harassment and discrimination to continue.

From the troubling culture in Hollywood to toxic behaviour exposed within Australia’s media industry, it’s clear that harassment in the workplace is no longer hidden. In 2025, it’s a known issue we can no longer ignore.

Yet despite the heightened awareness, too many victims affected by workplace harassment are still being silenced. This silence isn’t because they don’t want to speak out, it’s because they can’t, because of legal tools such as non-disclosure agreements (NDAs).

Initially developed to protect confidential business information, NDAs are now frequently used to conceal misconduct and safeguard those in powerful positions.

Research shows that 75 per cent of legal professionals in Australia have never resolved a sexual harassment claim without a blanket NDA being part of the process.

At Working Women Queensland, we regularly see survivors being pushed into “take it or leave it” settlements, with little opportunity to negotiate fair terms outside of signing an NDA.

While workplace health and safety and anti-discrimination laws require employers to address harassment, the continued use of NDAs often works against these obligations. Instead of addressing the root causes, such as power imbalances, NDAs are used to silence victims, protect alleged perpetrators, and shield organisations from scrutiny.

This must change.

Especially when we know that nearly two-thirds of women who’ve experienced sexual harassment in the workplace believe their harasser has targeted others as well.

For many victims, an NDA isn’t just a clause in a legal document, it’s a silencing mechanism. These agreements often fail to acknowledge the harm done or include any commitment to stop the behaviour from recurring within the workplace.

Worse yet, NDAs frequently prohibit victims from speaking to friends, family members, or even mental health professionals about what they’ve experienced.

The risk of facing legal consequences, including potential financial penalties, often discourages victims from speaking out later, even if they need help. This creates a cycle of silence and continued abuse.

We need to break this cycle. No one should have to choose between healing and seeking justice.

Behind each NDA is a person, someone who may feel ashamed, isolated, and fearful. Someone who is unable to explain their silence or begin the process of healing with the support they need and deserve.

We need legislative reform to limit the use of blanket NDAs in cases involving sexual harassment or discrimination.

Working Women Queensland is calling for a formal inquiry into how NDAs are used in Queensland workplaces, as a first step toward state and federal law reform. Our laws must centre on the rights, wellbeing and safety of employees, not the protection of reputations or corporate secrecy.

Currently, NDAs are too often used to preserve the image of alleged perpetrators and their employers, rather than deliver transparency or justice to victim-survivors. By concealing workplace misconduct, NDAs enable abusive cultures to continue and prevent us from understanding how these issues are being handled, or if they are being addressed at all.

Proposed legislative reforms would ensure an NDA is enforceable only if a survivor specifically requests one, and only after they have received independent legal advice from a practitioner trained in trauma-informed care.

This isn’t just a legal detail – it’s an essential safeguard.

We know that legal professionals with trauma-informed training are better equipped to understand the lasting impact of harassment and to advocate for the survivor’s best interests.

Further reforms should include limits on how long NDAs can be enforced, the right for victims to waive confidentiality after a reasonable time, and obligations for employers to report when and how NDAs are used.

Survivors should also be able to share their experiences with support systems and supporters – like lawyers, healthcare providers and union representatives – without fear of legal retaliation.

While we know legislative change takes time, employers can act now to improve their practices.

Organisations can review their internal processes, reduce reliance on NDAs, and adopt survivor-centred policies that provide dignity, autonomy and transparency. This includes ensuring that any person asked to sign a confidentiality agreement has access to legal advice before agreeing to any confidentiality terms, specifically from a professional trained in trauma-informed approaches.

In the meantime, we’re encouraging Australians to #SignWithCaution and support our campaign to #PutAnEndToNDAs. We’ve launched an e-petition calling on the Queensland Government to investigate the use of NDAs in workplace sexual harassment settlements.

If you believe in building safer, fairer workplaces and promoting accountability, we invite you to stand with us. You can show your support by signing the petition.

It’s time to stop using the law to protect perpetrators and start using it to protect innocent people.

Eloise Dalton is director of Working Women Queensland.