Victoria introduces Psychosocial Safety Regulations and Code

Victoria finally joined the Harmonised WHS States in creating Regulations and a Compliance Code to manage Psychosocial Risks. They will take effect from 1 December 2025.

The new Regulations were largely as expected and only differ from the draft version of the statutory rules in that they don't require employers to develop comprehensive written prevention plans, which they would have had to have provided to the Regulator or HSR on request. Despite this, the Compliance Code still recommends duty holders to develop prevention plans and we recommend them too as part of any standard risk management approach. The key to compliance in this area will be documentation of any consultation processes undertaken as part of this step.

Despite some differences in terminology there is very little substantive difference between what is practically required to comply in Victoria versus compliance in the Harmonised WHS States. An interesting ‘terminology’ distinction between the Harmonised WHS States is that Victoria requires the following hierarchy of control approach (Eliminate, Attempt Change, Use Information, Instruction and Training) whereas the Harmonised WHS States don’t have such an express requirement, but by implication, defer to the guidance provided by the traditional hierarchy of control model (Eliminate, Substitute, Engineering Controls, Administrative Controls, PPE).

Our Take

None of this was surprising and for most national organisations and best practice single entities you were probably working towards compliance already by following the Harmonised WHS States regime. The message is simple – there are no longer any excuses for not managing psychosocial hazards in the workplace. Perhaps the stronger message is for Victorian parliamentarians to stop maintaining their ‘outlier’ status and simply make it easier for Australian workplaces by harmonising too?

Maybe we are starting to ‘turn the corner’ on mental health and ‘catching up’ to the gains already made for physical safety. The ABS “National Study of Mental Health and Wellbeing” [2022] states that just under 50% of Australians aged 16–85 have experienced a mental disorder in their lifetime, but thankfully (and most likely as a result of the significant stigma reduction) many are now living productive, meaningful lives due to growing awareness and support systems from workplaces. A recent McKinsey report “Investing in the future: How better mental health benefits everyone” [April 2025] also estimates every $1 invested in mental health yields $5–$6 in economic return. That is not only good for the bottom line but good for meeting the applicable duties.

Action Items:

• Familiarise workplace with the new Regulations and Code.

• Review any existing risk management procedures.

• Review your current consultation practices – you can anticipate a ‘higher bar’ in terms of expectation from all Regulators in this area.

• Harmonise your WHS/ OHS practices – go for the ‘best of the best’ rather than running a dual system.

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