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Request to employers - limited waiver of confidentiality obligations

Australian Sex Discrimination Commissioner, Kate Jenkins, is calling on Australian employers to issue a limited waiver of confidentiality obligations in non-disclosure agreements (NDAs) for the purpose of allowing people to make a confidential submission to the National Inquiry into Workplace Sexual Harassment. 

NDA arrangements are commonly entered into as part of a settlement of a sexual harassment claim. They generally prohibit all parties to the agreement from talking about the claim to anyone. They are found across industries and employers big and small.

Commissioner Jenkins is asking employers to show their public support for a waiver as soon as possible, in order to give people time to make their submissions. Organisations issuing a limited waiver will be listed on the Commission’s website.

Read the media release here.

Read the letter to employers below: