Section 1: Introduction This should include information on the role of gender inequality in sexual harassment, and make it clear that it is a form of gender-based violence. Workers’ compensation Workers can claim compensation for an injury that has arisen out of, or in the course of, employment, including injury caused by workplace sexual harassment. However, the Commission heard that despite one of the benefits of the workers’ compensation framework being its ‘no fault principle’, victims are discouraged from making a workers’ compensation claim, due to the onerous, lengthy and often re-traumatising process. As outlined above, the Commission recommends that workers’ compensation bodies, with guidance from the Workplace Sexual Harassment Council, undertake training and education on the nature, drivers and impacts of sexual harassment to inform their work in relation to assessing and determining claims. This should include information on the role of gender inequality in sexual harassment, and make it clear that it is a form of gender-based violence. Non-disclosure agreements The use of non-disclosure agreements (NDAs) in sexual harassment matters was a particularly topical and challenging issue that arose during the Inquiry. 32 The Sex Discrimination Commissioner wrote to large employers asking them to issue a limited waiver of confidentiality obligations in NDAs to allow people to make a confidential submission to the Inquiry. Ultimately, only 39 organisations agreed to issue a limited waiver. The Commission heard about the benefits of NDAs in sexual harassment matters in protecting the confidentiality and privacy of victims and helping to provide closure. However, there were also concerns that NDAs could be used to protect the reputation of the business or the harasser and contribute to a culture of silence. Given the complexity and importance of this issue, the Commission recommends that, in conjunction with the Workplace Sexual Harassment Council, it develop a practice note or guideline that identifies best practice principles to inform the development of regulation on the use of NDAs in workplace sexual harassment matters. Defamation laws and protections for witnesses in civil proceedings Each state and territory in Australia has substantially uniform defamation law. The Model Defamation Provisions (Model Laws) were endorsed by the former Standing Committee of Attorneys-General in November 2004 and each state and territory enacted legislation to implement them.59