Victoria’s new psychosocial hazard laws. What employers must do by 1 December 2025

Victoria is moving to put psychological health on the same footing as physical safety. New Occupational Health and Safety (Psychological Health) Regulations are expected to be made in October 2025 and commence on 1 December 2025. They will create specific obligations on employers to identify and control psychosocial hazards, alongside a new Compliance Code to help you comply. The regulator has also confirmed there will be no mandatory de‑identified reporting and that prevention plans will be encouraged, not mandatory.

Why this matters for employers

Under section 21 of the OHS Act 2004, you already must provide and maintain a working environment that is safe and without risks to health and “health” includes psychological health. Section 35 also requires you to consult employees (and HSRs where elected) when identifying hazards, deciding on controls, or proposing changes that may affect health and safety. The new regulations don’t replace these duties, rather, they clarify how to manage psychosocial hazards within a risk‑management framework.

What are psychosocial hazards?

Psychosocial hazards are work‑related factors that can cause psychological and/or physical harm. Common examples include high job demands, low job control, role ambiguity, poor organisational justice, bullying, sexual harassment, aggression or violence, remote/isolated work, and exposure to traumatic events or content. National guidance applies a familiar four‑step process, that is, identify, assess, control, review.

An important point to remember, is that you are not diagnosing injurie, you are designing work systems to reduce exposure to harmful factors and minimise the likelihood and severity of harm.

What’s new (at a glance)

·       The Regulations are expected in October 2025, start 1 December 2025.

·       The scope is to treat psychosocial hazards as seriously as physical hazards.

·       The approach is to have a risk management duty where employers choose controls in consultation with workers.

·       Practical guidance will be issued with the regulations.

·       No mandatory de‑identified reporting, that is, “prevention plans” promoted but not required. 

How to comply? A practical employer checklist

1) Map your hazards (consultation is not optional)

Start by consulting HSRs and workers to identify where psychosocial hazards exist in work design, systems, environment and behaviours. Use data such as incident reports, client/patient aggression reports, absenteeism, overtime, pulse surveys and exit interviews. Consultation is a legal duty under s35 and will improve the quality of your hazard map.

2) Assess the risks

Evaluate likelihood, consequence and duration of exposure. Pay attention to interactions for example, high demands + low control + poor support. Use your risk criteria consistently and document the rationale.

3) Control at the source (so far as reasonably practicable)

Prefer work design and system controls over awareness‑only measures. Typical controls include:

·       Realistic workloads and KPIs, safe staffing levels, limits on consecutive shifts, job rotation for high‑demand roles.

·       Clear position descriptions, regular supervision, and escalation pathways, early support after distressing events.

·       Service design (room layout, duress alarms, one‑up/one‑down staffing in hot spots), de‑escalation training, reporting and follow‑up.

·       Consult early, provide transparent criteria, and sequence changes to avoid “stacking” stressors.

·       Check‑in protocols, reliable comms, journey management. These examples reflect national code‑of‑practice guidance.

4) Provide information, instruction, training and supervision

Under s21, you must ensure employees receive information, instruction, training and supervision necessary to work safely. For psychosocial risks, focus manager training on early identification and response, conducting risk‑based work design discussions, and support after incidents and not just awareness.

5) Monitor and review

Under s22, employers must monitor the health of employees and the conditions at the workplace so far as reasonably practicable. In practice, track leading indicators (e.g., workload or role‑clarity survey items, aggression “near‑misses”, training completion) and lagging indicators (injury claims, sick leave). Review after significant incidents or organisational changes.

6) Document your approach

Keep records of consultation, risk assessments, control decisions and training. While prevention plans aren’t mandatory, having a single, short Psychosocial Risk Prevention Plan is strong evidence of due diligence and makes execution easier. 

What is not changing

Your incident notification obligations under the OHS Act and Regulations remain. Continue to notify WorkSafe of notifiable incidents (fatalities, serious injuries or illnesses, and certain dangerous incidents) in line with existing requirements. The new psychosocial regulations do not add a separate “de‑identified reporting” regime. 

FAQs

·       When do the new regulations start?

They’re anticipated to be made in October 2025 and take effect on 1 December 2025.

·       Are prevention plans mandatory?

No. WorkSafe says they’ll be promoted and encouraged, not compulsory, though keeping one is smart evidence of compliance.

·       Do we have to provide de‑identified reporting?

No. WorkSafe has confirmed no mandatory de‑identified reporting requirement in the new regulations.

·       How does Victoria fit with other states?

The changes align with national guidance and with other jurisdictions (e.g., NSW and Queensland) that already require management of psychosocial risks and have approved Codes of Practice.

Awash Prasad

Founder & Principal Lawyer

Northbridge Legal