Why It Matters
Psychological health is just as important as physical safety in the workplace. Employers and leaders have a legal responsibility to protect the health, safety, and wellbeing of their teams. This includes complying with laws and regulations designed to prevent harm and create safe, supportive environments.
Why Psychosocial Risk Is Rising
Workplace mental health has become a critical issue in recent years. Factors such as increasing workloads, remote work challenges, challenging work environments, and exposure to traumatic content and situations all contribute to stress levels among employees. Theres has been a significant rise in mental injury claims across Australia, prompting regulators to strengthen protections for psychological wellbeing. Addressing psychosocial hazards is no longer optional—it’s essential for both compliance and creating a healthy, productive workforce.
Legal Accountability
Under the Model Work Health and Safety (WHS) Act and Regulations, persons conducting a business or undertaking (PCBUs) and officers—including leaders and managers—must:
- Identify psychosocial hazards (e.g., bullying, harassment, excessive workload, poor support)
- Assess associated risks
- Eliminate or minimise risks as far as reasonably practicable
- Monitor and review control measures regularly
These duties apply to both physical and psychological health, meaning mental health risks must be treated with the same seriousness as physical hazards.
Model Code of Practice
In response to a rise in mental injury claims Safe Work Australia has published the Model Code of Practice: Managing Psychosocial Hazards at Work, offering clear, practical guidance for employers and leaders. This code outlines how to meet the Work Health and Safety (WHS) Act and WHS Regulations by providing effective strategies to identify, assess, and control psychosocial risks in the workplace.
You can access the full code here: https://www.safeworkaustralia.gov.au/doc/model-code-practice-managing-psychosocial-hazards-work
What’s Changing?
States and territories around Australia are introducing embedding psychosocial risk management into legal frameworks and regulations to strengthen compliance. For example:
Victoria’s Occupational Health and Safety Amendment (Psychological Health) Regulations
In response to release of the Safe Work Australia Model Code of Practice and the Victorian Royal Commission into Mental Health, the Occupational Health and Safety Amendment (Psychological Health) Regulations have been developed to strengthen protections for psychological wellbeing at work. These regulations aim to:
- Highlight the importance of psychological health and safety in the workplace
- Clarify employer obligations to identify and control psychosocial hazards in their workplace
Proposed Key Legal Duties for Leaders:
- Identify and control psychosocial hazards such as bullying, harassment, excessive workload, and poor support.
- Review and revise control measures regularly to ensure effectiveness.
- Develop written prevention/action plans for specific psychosocial risks.
What’s Happening in Your State?
Each state and territory has resources to help you manage psychosocial risks:
- Victoria- WorkSafe Victoria – https://www.worksafe.vic.gov.au/psychological-health
New regulations: https://www.legislation.vic.gov.au/as-made/statutory-rules/occupational-health-and-safety-psychological-health-regulations-2025 - New South Wales- SafeWork NSW- https://www.safework.nsw.gov.au/resource-library/list-of-all-codes-of-practice/codes-of-practice/managing-psychosocial-hazards-at-work(opens in a new tab)
- Queensland-WorkSafe WLD- https://www.worksafe.qld.gov.au/laws-and-compliance/codes-of-practice/managing-the-risk-of-psychosocial-hazards-at-work-code-of-practice-2022(opens in a new tab)
- Northern Territory-NT WorkSafe- https://worksafe.nt.gov.au/safety-and-prevention/workplace-mental-health(opens in a new tab)
- Western Australia-WorkSafe WA- https://www.worksafe.wa.gov.au/psychosocial-hazards-our-commitments(opens in a new tab)
- South Australia- SafeWork SA- https://www.healthyworkplaces.sa.gov.au/action-areas/psychosocial-hazards(opens in a new tab)
- Tasmania- WorkSafe Tasmania- https://worksafe.tas.gov.au/topics/Health-and-Safety/hazards-and-solutions-a-z/hazards-and-solutions-a-z-pages/p/psychosocial-hazards2
Key Takeaway
Managing psychosocial risk is not just a legal requirement—it’s essential for creating a healthy, productive workplace. By identifying hazards, assessing risks, and implementing effective controls, leaders can protect both the mental and physical wellbeing of their teams.
