Psychosocial risk laws coming soon
On 1 December 2025, the Occupational Health and Safety (Psychological Health) Regulations 2025 (Regulations) will commence in Victoria, aiming to better address psychosocial hazards and risks in the workplace.
The Regulations do not create a new duty but instead prescribe a more focused approach to managing existing employer obligations for psychological health. This approach aligns broadly with similar approaches taken in other Australian jurisdictions.
WorkSafe Victoria has also issued a Compliance Code - Psychological Health and a prevention plan template, designed to help employers proactively manage risks related to psychosocial hazards and document their risk management process.
Key takeaways for employers
- Management of psychosocial hazards and risks involves many traditional work systems used to manage other classes of hazards and risks. However, the Regulations introduce a range of specific obligations that will likely require a thorough review of existing systems and implementation of new or modified procedures and processes to ensure full compliance.
- Instruction and training will no longer be acceptable risk control measures if alterations to management, systems, plant, work design or the workplace environment are reasonably practicable.
- Businesses will need to think harder about psychosocial risks and how they’re managed.
Focused risk management approach
The Regulations require employers to identify and control risks associated with psychosocial hazards in their workplaces. This must be done in consultation with employees and any health and safety representatives.
Identifying psychosocial hazards
A psychosocial hazard is broadly defined as any factor or factors in work design and management of work, systems of work, the carrying out of work and personal or work-related interactions that may cause a negative psychological response, including cognitive, emotional or behavioural responses and the physiological processes associated with them.
Work design includes the equipment, content and organisation of an employee’s work tasks, activities, relationships and responsibilities within a job or role.
Examples of psychosocial hazards include bullying or high job demands, although these are not separately defined in the Regulations as previously proposed.
Helpful guidance on identifying psychosocial hazards can be found in Appendix B to the Compliance Code.
Assessing psychosocial risks
While the Regulations do not expressly deal with assessing the identified risks, the Compliance Code (see pages 26-28) and the prevention plan outline best practice approaches. These reflect the Managing psychosocial hazards at work Code of Practice issued by SafeWork Australia.
Employers should consider:
- the duration, frequency and severity of the exposure to the psychosocial hazards; and
- how the hazards may operate collectively, not just in isolation.
Collecting and considering all the relevant aspects in assessing the risks can require significant resources, including the involvement of occupational health and safety specialists.
Considering and implementing control measures
The Regulations introduce a tailored approach to considering and assessing the control measures to reduce the risk associated with a psychosocial hazard, when it has been determined that it is not reasonably practicable to eliminate the risk. The approach involves considering an adjusted version of the traditional hierarchy of control with certain restrictions.
In summary:
- Employers must reduce the risk by focusing on altering how work is managed, plant (namely a change to the design of or adding or taking away from the plant in a way that may affect health or safety, but not simply routine maintenance, repairs or replacement), the design or system of work, and the workplace environment.
- Information, instruction or training can also be used to reduce the risk, in combination with the altering controls but not as the predominant control unless none of the altering controls are reasonably practicable.
Appendix C to the Compliance Code sets out examples of control measures for many psychosocial hazards and risks.
Reviewing and revising control measures
Employers must review and, if necessary, revise their risk control measures where the level of risk associated with the psychosocial hazard has changed, including when:
- a psychosocial hazard or injury is reported, or
- a notifiable incident involving one or more psychosocial hazards occurs at the workplace.
Some helpful additional guidance on the review process and more generally on managing reports of psychosocial hazards and incidents can be found in the Compliance Code at pages 45-50.
Formal reporting of notifiable incidents
The previously proposed requirement for employers to report psychosocial complaints (including aggression or violence, bullying or sexual harassment) to WorkSafe Victoria has not been introduced.
As a result, the requirements for reporting notifiable incidents to the regulator that involve or may involve psychosocial hazards or risks remain unchanged.
Our Work Health and Safety team are here to support your business in preparing for these changes. Please reach out if you require assistance.
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