Tuesday 30th of July, 2024
Victorian Legislative Council

RACHEL PAYNE (South-Eastern Metropolitan): My question is for the Attorney-General. Over a year ago I stood in this place and asked you about the use of non-disclosure agreements in settlement of workplace sexual harassment. In many cases financial compensation is offered in exchange for silence and resignation. Current laws mean that it is the victims, not the perpetrators, being forced out of the workplace. Employers are enabling reoffending and victims are being silenced. In response to a ministerial taskforce investigation two years ago, this government announced reforms. Attorney, your response to my earlier question acknowledged this work, the ongoing discussions being had and the government’s support for advancing the issue, so my question is: what steps have been taken by the Attorney-General since then to restrict the use of non-disclosure agreements in sexual harassment cases?

JACLYN SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services): I thank Ms Payne for her question, and it is a really important issue that you raise. As you have correctly identified, there are examples of NDAs that are not in the best interests of victims. As you have articulated, we do hear of cases where it is victims, not perpetrators, that might receive financial compensation but are silenced and moved on, and it is not necessarily about the ability to prevent further instances, so we are concerned as a government in relation to that.

You have identified the ministerial taskforce on workplace sexual harassment, which gave a recommendation to address these issues. The government accepted the recommendation in principle, noting that it is a significantly complex area to resolve. I can confirm that we continue to look at this – work is ongoing. It lies within the ministerial responsibilities of a variety of ministers. As Attorney-General I obviously have an interest. Many lawyers are very interested in this. It falls on both sides: there are some benefits and some victims that would like the benefit of an NDA, but how do you protect that right in addressing some of the negativities? That is kind of the balance that we are trying to work through. Work has started. The Minister for Industrial Relations is heavily involved in that. There is an opportunity to consult further as that work progresses.

RACHEL PAYNE (South-Eastern Metropolitan): I thank the Attorney for her response. By way of supplementary – and this may be something that is also referred to the Minister for WorkSafe, Minister Pearson – I ask: when are we likely to see this reform take place?

JACLYN SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services): We will have more to say soon, Ms Payne. As soon as I can get you an update, I will endeavour to do so.

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