The obligation
A PCBU must not use confidentiality clauses in harassment settlement agreements in a way that stops WHS risks from being identified and managed.
As guidance, such clauses should also not be used in a way that itself creates a WHS risk. Where confidentiality clauses are used, they should be kept as narrow in scope and as short in duration as possible. Workers should be told of any mandatory reporting or disclosure obligations on the PCBU or employer, whether under state or territory law or their employment contract, that may limit confidentiality.
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- What
- A PCBU must not use confidentiality clauses in harassment settlement agreements in a way that stops WHS risks from being identified and managed.
- Source
- safework.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
Confidentiality and settlement agreements is a WHS requirement set out in Sexual and gender-based harassment (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Sexual and gender-based harassment > Response.
What does this WHS obligation require?
Confidentiality and settlement agreements is a WHS obligation under Sexual and gender-based harassment (NSW). In short, A PCBU must not use confidentiality clauses in harassment settlement agreements in a way that stops WHS risks from being identified and managed.
What changed recently?
Confidentiality and settlement agreements was last updated on 17 October 2026.