An Australia-first overhaul to gag orders could deter perpetrators of workplace sexual harassment from committing abuse and prevent further trauma to victims, advocates say.
There are concerns non-disclosure agreements (NDAs), which often stop victim-survivors from revealing their abuse to anyone including family, are being misused to silence people and protect employers.
Advocates, business groups, workers, legal experts and members of the public are being asked to weigh in on proposed reforms in Victoria, which have bipartisan support.
Proposed changes include allowing victims to speak openly to medical or legal professionals, banning agreements unless requested by a victim, stamping out pressures to sign them and reviewing "cooling-off" periods.
"We know that when one person is silenced, that means that perpetrator is still free to harass or assault many others," Young Workers Centre principal solicitor Kelly Thomas told AAP.
"The idea of having NDAs is literally depriving a victim-survivor of an opportunity to heal and to get better and to be able to move on with their lives, and that's a really damning state of affairs."
The employment lawyer was involved in developing the proposed reforms and anticipates backlash and claims the changes may go too far or could be legally complex.
A 2020 report found one in three workers experience workplace sexual harassment, costing the national economy several billion dollars each year.
The Victorian legislation has been in the works since July 2022, when the government accepted 21 of 26 recommendations in full, in part or in principle from a ministerial taskforce.
Other key recommendations included treating sexual harassment as an occupational health and safety issue, having WorkSafe take a lead role in its prevention and response and allowing workers and unions to initiate civil proceedings for OHS breaches.
"Non-disclosure agreements are being used too often to silence victim-survivors, to protect the perpetrators," Premier Jacinta Allan told reporters in Melbourne on Monday.
"It means we too can't get a line of sight on repeat patterns of behaviour in particular workplaces."
Maurice Blackburn Lawyers senior associate Jessica Dawson-Field is concerned the agreements cause distress to victims and stop employers from making changes to workplace culture.
She said the indefinite agreements are used more often than not to settle cases, and some victim-survivors realise they cannot speak to their families about their abuse or get support.
"This is one of those cases where people need to have options and make informed choices," Ms Dawson-Field said.
Workplace sexual harassment is covered under both federal and state legislation, with Victoria considering laws similar to those operating in Prince Edward Island province in Canada's east.
Victorian Trades Hall assistant secretary Wilhelmina Stracke said the changes could stop bosses from coercing workers into silence.
"They've become so standard that no one even questions whether or not they should be there," Ms Stracke said of the non-disclosure agreements.
Victorian Opposition Leader John Pesutto said he would work with the government and backed the victim-led approach to reforms, however questioned why it took two years for consultation to start.
"Why is it taking so long?" Mr Pesutto said.
