Prevent and address harassment and sexual misconduct

From 1 September 2024 providers will not be able to use non-disclosure agreements (NDAs) where they relate to allegations about harassment or sexual misconduct.

We consider that NDAs used for instances of harassment or sexual misconduct are unacceptable as they prevent students from speaking about their experiences and may protect the reputation of perpetrators and can allow them to continue inappropriate behaviour at the same or a different provider.

From 1 September 2024 we are banning the use of NDAs by providers in cases where students make allegations of harassment or sexual misconduct.

Our commitment to ensuring victims are not prevented from discussing their experiences of harassment or sexual misconduct, allowing for accountability and transparency, is such that we consider it important to implement regulatory requirements in relation to this issue as soon as possible.

This means that providers must not prevent or restrict students from disclosing information about an allegation in this area from 1 September 2024.

As a significant and credible step towards addressing harassment and sexual misconduct, providers could also consider how to best prevent the use, enforcement and/or reliance of NDAs in matters relating to harassment or sexual misconduct by third parties, such as placement providers.

This prohibition covers all agreements that compel or seek to stop students from disclosing information about their experiences to a third party.