State government proposes reforms to use of nondisclosure agreements by employers in Australian first
Josh Bornstein, a high-profile employment lawyer, said the best approach for Victoria’s legislative response was to ensure victim-survivors had a choice about signing such legal contracts, which prevent parties from disclosing sensitive information
Stitt said the government had not set a deadline for the reform as it wanted to conduct a “detailed analysis of what legislative change could look like” and ensure there were no unintended consequences. Lyras said there were benefits to confidentiality agreements, such as reducing further trauma from a matter being aired publicly, protecting a complainant’s privacy and allowing them to gain some closure.“I don’t think it would be appropriate to impose a blanket ban on NDAs because there will be a number of circumstances where they will be appropriate, and indeed, some complainants will only come forward with the basis that the matter is treated confidentially.
“How to be conscious of it, what to do about it – it’s a big education campaign that’s required,” he said.
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