Wednesday 30 January 2019

In November 2018, Australian Sex Discrimination Commissioner Kate Jenkins, called on Australian employers to agree to a limited waiver of their confidentiality agreements to allow submissions on workplace sexual harassment for the duration of the National Inquiry.

The Commissioner said, “Many sexual harassment cases are raised and responded to within businesses and organisations. Non-disclosure agreements mean we know very little about them. I want all parties to NDAs to be able to talk to us confidentially or make confidential submissions.”

Twenty-five key employers have answered that call. They include

  • 5 universities
  • 2 of the big 4 banks
  • 2 of the big 4 consultancy firms
  • 2 major law firms
  • 2 mining corporations
  • the public service in 2 states and 1 territory
  • a range of key players in utilities, telecommunications, construction and advertising

The Commissioner said, “I am grateful to these organisations for demonstrating their leadership and commitment to tackling the national problem of workplace sexual harassment by supporting the limited waiver.”

“People who are party to a non-disclosure agreement with any of these organisations can now feel safe in coming forward and confidentially telling their story to the National Workplace Sexual Harassment Inquiry, and I urge them to do so. This will be extremely valuable to us in helping us to understand how NDAs are working in practice in Australian workplaces.”

Submissions to the National Inquiry close on 28 February 2019.

Find out more about organisations taking part in the partial waiver.

If you have questions about the partial waiver or how you can make a submission, please contact the National Inquiry team at or (02) 9284 9750.