Australia Waives Non-Disclosure Agreements for Military Sexual Violence Survivors Ahead of Inquiry
The Australian government has taken a significant step toward transparency by waiving non-disclosure agreements (NDAs) that previously prevented military sexual violence survivors from speaking publicly about their experiences. This decision, announced by Veterans Affairs Minister Matt Keogh, paves the way for survivors to share their stories during an upcoming inquiry, which was recommended by the Royal Commission into Defence and Veteran Suicide in 2024.
Background of the Decision
The move follows sustained advocacy from survivors, whistleblowers, and civil society organizations. Julia Delaforce, a former RAAF airwoman and whistleblower, has been a vocal leader in the campaign to ban NDAs. Her own experience, which involved being “trapped in a room with a machete-wielding corporal demanding oral sex,” led to a settlement with the Defence Department that initially gagged her from discussing the incident. Delaforce described the NDA waiver as “a critical step toward lifting the legal gag on military sexual violence survivors.”
Minister Keogh confirmed in a letter to survivors that the Defence Department will no longer issue NDAs in cases of sexual harassment or violence. Instead, these matters will be addressed through a “restorative engagement” process. However, the government clarified that confidentiality protections remain in place for non-sexual violence-related details, such as financial settlement terms.
Reactions from Survivors and Advocates
Delaforce emphasized that the inquiry’s effectiveness depends on survivors feeling safe to participate without fear of legal repercussions. “The upcoming inquiry will only be meaningful if veteran survivors can participate without fear of legal threats, retaliation, or being told once again to stay silent,” she stated.
Regina Featherstone of the Human Rights Law Centre praised the decision, calling for a permanent amnesty for survivors. “The era of cover-up and silencing women must end,” she said, urging the government to extend protections beyond the inquiry to address systemic issues within the Australian Defence Force (ADF).
Context of the Inquiry
The inquiry, slated to begin in 2026, aims to examine the institutional failures that enabled sexual violence within the military. It builds on the 2024 Royal Commission report, which highlighted the need for systemic reforms to support veterans and address misconduct. The waiver of NDAs is seen as a crucial measure to ensure the inquiry can uncover the full extent of the problem.
Broader Implications
The decision reflects growing pressure to hold institutions accountable for protecting service members. Advocates argue that the removal of NDAs not only empowers survivors but also strengthens the integrity of the inquiry process. Delaforce has called for a permanent ban on NDA clauses in military settlements, stating that “the truth must be the foundation of any meaningful reform.”
As the inquiry approaches, the government’s actions signal a shift toward transparency and accountability. However, critics stress that sustained efforts will be needed to dismantle the cultural norms that enable sexual violence in the military.