On 20 June 2018, Australia’s Sex Discrimination Commissioner announced she was commencing a national inquiry into sexual harassment in Australian workplaces.

To facilitate this process the AHRC is calling for submissions and conducting a public consultation process. Further information about the Inquiry and how to make a submission is available on the AHRC website.

The AHRC has also called on all Australian employers to agree to a limited waiver of confidentiality obligations in non-disclosure or other agreements for the purpose of allowing people to make a confidential submission to the Inquiry.

Confidentiality obligations are a common feature of settlement agreements.They generally prohibit all parties to the agreement communicating with anyone (other than their legal adviser) about the claim.

In order to support people to make a confidential submission in circumstances where they would otherwise legally be prevented from doing so, the following waiver has been agreed to by Cluster Secretaries:

Department/Agency will not enforce confidentiality obligations in any non-disclosure or other agreements, which would otherwise prevent people from making a confidential submission to the National Inquiry into Sexual Harassment in Australian Workplaces. The waiver only extends to confidential submissions made about a sexual harassment matter or incident to the National Inquiry conducted by the Australian Human Rights Commission. Individuals making a submission on matters covered by any relevant agreement may also need to seek the consent of others who may be named as part of their submission.

This statement does not affect any statutory duties of confidentiality or secrecy, or other confidentiality obligations which may apply to a person making a submission, including in relation to not disclosing any confidential or secret information obtained in the course of government employment.

Emma Hogan
Public Service Commissioner

While State Owned Corporations and Subsidiaries of the NSW Government established under the Corporations Act are not obliged to comply with this Circular, they are encouraged to do so.