Psychosocial Hazards Legislation Changes By State

Every Australian jurisdiction now requires employers to explicitly manage psychosocial hazards at work. Here's what's changed, state by state, and what it means for your business.

The national shift is complete

When psychosocial hazard regulations were first introduced at the Commonwealth level in April 2023, Victoria remained the only jurisdiction yet to act. That gap closed in December 2025, when Victoria's new standalone psychosocial health regulations came into force — completing a national framework that now applies to every employer across Australia.

Simultaneously, New South Wales overhauled its WHS regulations in August 2025, replacing the 2017 Regulation with a modern, psychosocial-first framework that mirrors the rigour already seen in Queensland and Western Australia.

The message for employers is clear: psychosocial risk management is no longer optional, and it goes well beyond an EAP or a wellbeing policy. It requires the same structured, documented, hierarchy-of-controls approach as any physical safety hazard.

What the law requires of employers

Under the WHS Regulations, every PCBU (person conducting a business or undertaking) must now:

• Identify reasonably foreseeable psychosocial hazards that could give rise to psychological or physical harm
• Eliminate those risks so far as is reasonably practicable — or minimise them if elimination is not possible
• Apply the hierarchy of controls, starting with work design, not policies or training programs
• Consult with workers and Health & Safety Representatives (HSRs) throughout the process
• Review and revise control measures regularly, and whenever a trigger event occurs
• Maintain documentation that demonstrates an active, ongoing system — not just a policy on paper

This is a significant shift from the well-being era. EAPs, awareness sessions, and mental health days are still valuable — but they are not controls under the law. Employers must demonstrate that the work itself has been assessed and redesigned where necessary.

Psychosocial hazard legislation by state

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Victoria

Commenced: 1 December 2025

Victoria sat outside the national harmonised WHS framework and, until now, was the only jurisdiction without explicit psychosocial regulations. The new Occupational Health and Safety (Psychological Health) Regulations 2025 create standalone obligations under the OHS Act 2004.

Key features: employers must identify hazards from work design and interpersonal interactions; training and information cannot be used as the sole control measure; and explicit review triggers apply (before changes to systems of work, after notifiable incidents, or at HSR request).

Earlier draft proposals for mandatory Prevention Plans and six-monthly reporting were dropped — but the expectation is that employers self-manage documentation rigorously.

Training alone is not a control in Victoria. Employers must address the design of work itself.

New South Wales

Commenced: 22 August 2025

The Work Health and Safety Regulation 2025 (NSW) replaced the 2017 Regulation and consolidated psychosocial duties into a clearer, more enforceable framework.

PCBUs must now apply the full hierarchy of controls to psychosocial risks — not just policies, awareness training, or EAPs. The Regulation defines psychosocial hazards broadly, covering work design, work environment, workplace interactions, and any other factors that may cause psychological or physical harm.

SafeWork NSW has embedded psychosocial risk compliance into its active enforcement and education programs. The Code of Practice: Managing Psychosocial Hazards at Work remains in force alongside the new Regulation.

NSW was the first Australian/New Zealand jurisdiction to adopt a psychosocial code of practice, back in 2021. The 2025 Regulation gives those duties real teeth.

Queensland

Commenced: 1 April 2023

Queensland's model is widely regarded as the most prescriptive of the harmonised jurisdictions. The Work Health and Safety (Psychosocial Risks) Amendment Regulation 2022 and its Code of Practice explicitly codify the hierarchy of controls for psychosocial hazards.

The Code includes practical case studies on higher-order controls — workload redesign, clearer performance expectations, improved rostering — and WorkSafe Queensland has integrated psychosocial checks into inspection and audit checklists.

Queensland expects documented rationale for chosen controls. Policies and training alone will not satisfy an inspector.

Western Australia

Commenced: 24 December 2022

WA adopted the national model WHS laws in 2022, making psychosocial hazards an explicit part of the Work Health and Safety (General) Regulations 2022. The accompanying Code of Practice: Psychosocial hazards in the workplace provides sector-specific guidance.

WorkSafe WA's Code covers a wide range of organisational contexts — from small businesses through to large government agencies — with strong emphasis on integrating psychosocial controls into safety management systems rather than creating standalone HR programs.

WA employers in high-stress sectors (healthcare, construction, emergency services) should review sector-specific compliance resources and audit their WHS systems accordingly.

South Australia

Commenced: 25 December 2023

The Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023 (SA) mirror the national model WHS provisions under the WHS Act 2012.

SafeWork SA has released local guidance emphasising risk registers, consultation evidence with HSRs, and clear documentation of control measures. Enforcement is transitioning from education-heavy to active compliance campaigns.

SA has not yet developed its own code of practice and relies on the national model code.

Focus on consultation evidence and regular review cycles. SafeWork SA expects an active system, not just a policy document.

Tasmania

Commenced: 4 January 2023

The Work Health and Safety Regulations 2022 (Tas) replaced the 2012 Regulations and introduced a mandatory requirement for workplaces to manage psychological health and prevent psychosocial hazards — explicitly including workplace bullying, traumatic events, occupational violence, and physical and sexual assault.

WorkSafe Tasmania promotes practical checklists and self-assessment tools to help organisations fulfil their obligations, with emphasis on high job demands, fatigue, and remote work isolation.

Tasmania's pragmatic approach gives organisations an opportunity to lead — implementing assessments early before enforcement intensifies.

Australian Capital Territory

Commenced: 27 November 2023

The ACT's Work Health and Safety (Managing Psychosocial Hazards at Work Code of Practice) Approval 2023, alongside the updated WHS Regulation 2011, is notable for how quickly WorkSafe ACT embedded psychosocial checks into routine WHS inspections.

Regulators are assessing not only whether employers have policies, but whether those policies translate into measurable actions and outcomes. Leadership accountability and system documentation are the primary focus.

In the ACT, psychosocial risk management is now part of standard compliance audits. Aspirational policies are not sufficient — measurable implementation is required.

Northern Territory

Commenced: 1 July 2023

The NT amended the Work Health and Safety (National Uniform Legislation) Regulations 2011 to explicitly define "psychosocial hazard" and "psychosocial risk" — making mental health duties unambiguous in NT law.

Psychosocial hazards must be managed using the same Part 3.1 risk-management process and hierarchy of controls as physical hazards, giving them equal regulatory weight. The NT Code of Practice covers job design, workload, isolation, poor support, role clarity, harmful behaviours, and environmental factors. The Code places particular emphasis on remote and isolated work risks, which are especially relevant to NT workplaces.

NT employers should integrate psychosocial hazard management directly into their WHS risk-management systems — not treat it as a separate HR initiative.

Commonwealth (Comcare)

The Commonwealth amendments to the Work Health and Safety Regulations 2011 (Cth) — specifically Regulations 55A–55D — came into effect in 2024, bringing federal agencies and self-insured licensees into line with the model WHS framework. The Managing Psychosocial Hazards at Work Code of Practice 2024 promotes a systematic, data-driven approach integrated into existing health and safety management systems.

What this means for employers and officers

As a PCBU or officer, you now have clear, enforceable duties in every Australian jurisdiction. The obligations are consistent in their direction — manage psychosocial risks like physical risks — but differ in their specific triggers, documentation requirements, and enforcement focus.

In practical terms, this means:

• Risk assessments are mandatory — not optional best-practice. You must identify, assess, control, and review psychosocial hazards with the same rigour as any physical safety risk.
• Policies and EAPs are not controls — they support your system, but a policy alone will not demonstrate compliance to a regulator.
• Work design is the starting point — workload, job demands, role clarity, supervision quality, and team relationships must be assessed and addressed at the source.
• Documentation matters — you need records of hazard identification, control selection rationale, consultation with workers and HSRs, and review cycles.
• Incident triggers apply — most jurisdictions require you to review controls after notifiable incidents, significant changes to systems of work, or on new information about risks.

How Foremind can help

Staying compliant across changing state-by-state requirements is complex. Foremind brings together psychosocial hazard management and employee assistance in one platform, giving you the tools to identify risks, act on them, and demonstrate compliance — without the spreadsheet headaches.

Background: The Boland Report

In 2018, Marie Boland was commissioned to review Australia's model Work Health and Safety (WHS) laws five years after their implementation. The Boland Report made several key recommendations that directly shaped today's legislation:

• Psychosocial risks should be explicitly addressed and managed in the same way as physical risks
• Industrial manslaughter offences should be introduced for the most serious WHS breaches
• National consistency in interpretation and application across all jurisdictions
• Targeted support for small businesses to navigate compliance

These recommendations — combined with the post-COVID recognition of mental health's impact on the workforce and the release of ISO 45003:2021 — drove the wave of legislative change that followed.

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