Victoria to restrict non-disclosure agreements for workplace sexual harassment cases
In an Australian first, Victoria will soon consider sexual harassment a workplace health and safety risk.
The Victorian government is also beginning work to restrict the use of non-disclosure agreements for workplace sexual harassment cases in the state.
For former Honey Birdette employee Claudia, the reforms are a welcome change, after cat calls and unwanted touching turned to stalking while she was at work.
“Customers have unfortunately indecently exposed themselves to staff,” Claudia said.
“The list goes on and on.”
Like Claudia, one in three people have been sexually harassed at work in the past five years.
So Victoria is moving to enforce the risk under an employer’s OHS policy.
Workplace Safety Minister Ingrid Stitt announced the move at the release of the recommendations of a Ministerial Taskforce on Workplace Sexual Harassment.
It was one of 26 recommendations made by the taskforce, which was co-chaired by parliamentary secretary Bronwyn Halfpenny and workplace injury lawyer Liberty Sanger.
Stitt said the government would accept 21 of the taskforce’s recommendations built over a 12-month inquiry.
“A workplace that is not free from sexual harassment is not a safe workplace,” she said.
“These reforms will ensure employers understand they have clear occupational health and safety obligations to protect workers from sexual harassment.”
Stitt said it would take time to get the reform right and the government would now consult with stakeholders including businesses, victim-survivors and unions on implementing the changes.
She said the government would also accept the recommendation of the taskforce to treat sexual harassment as an occupation health and safety issue.
“This is a difficult but absolutely necessary reform to ensure Victorian workers are safe in workplaces,” she said.
Taskforce co-chair Sanger said restricting NDAs was a step forward to preventing sexual harassment in the workplace.
She said NDAs had caused “great harm” to survivors.
“For too long, we have seen victims of sexual assault silenced by use of NDAs,” she said.
“What we heard about was that NDAs caused further harm and damage after people had entered into the agreements that people wanted to speak out and that they couldn’t.
“Our recommendations will place Victoria as the leader when it comes to preventing and responding to work related gendered violence and sexual harassment through greater awareness, accountability and tougher enforcement.”
