Finance & Credit Law

For decades, non-disclosure agreements (NDAs) have been quietly used by institutions to prevent survivors of sexual abuse from speaking out. While NDAs can serve legitimate purposes they have also been weaponised to conceal patterns of misconduct. While other jurisdictions have now moved to ban or restrict NDAs relating to sexual misconduct Australia still has no clear national framework. As more survivors seek justice through civil claims, the law must confront an urgent question – should NDAs be allowed to silence victims of child abuse?

Survivors of the Parramatta Marist High School Canoe Club have taken action over historical abuse by teacher Graeme Stuart Hawkins. This article outlines the court findings, institutional failures, and our ongoing work to help additional Survivors come forward confidentially.

Today, offenders are grooming children, purchasing explicit content, and laundering money through mainstream payment tools designed for simplicity, anonymity and speed. As regulators struggle to keep up, payment platforms have become a hidden highway for exploitation — one that Australia has yet to meaningfully regulate.

A staggering 41% surge in child-exploitation reports has reignited calls for Australia to overhaul its online-safety regime. Despite stronger criminal laws and an active regulator, digital platforms still owe no enforceable duty to prevent foreseeable harm to children. Now its time to revisit the plan for a statutory digital duty of care.