Psychosocial health and safety at work continues to be subject to ongoing regulatory change. Most recently in Victoria.
On Friday, 21 February 2025, the Allen Labor Government confirmed it will be introducing new regulations addressing psychosocial health, with those regulations outlining how obligations imposed on duty holders by the Occupational Health and Safety Act 2004 (Vic) are to be discharged.
Regulation in this area has been long awaited in Victoria, with proposed regulations being previously released for public comment in early 2022. The feedback provided by interested parties is reported to have been under consideration by the Government since then.
The Government anticipates the regulations will be made in October 2025, with effect from 1 December 2025, and has confirmed they will be accompanied by a Compliance Code. The Code will be intended to provide employers with practical guidance on how to discharge their obligations.
The duty of employers to, so far as is reasonably practicable, provide and maintain for employees a working environment that is safe and without risks to health, including psychological health remains unchanged.
However, and assuming the regulations remain in line with those previously issued for public comment, the first part of them will set out how an employer can comply with the duty with respect to psychological health by undertaking activities that will already been familiar to them. These include identifying and controlling risks, and reviewing control measures. New matters for specific consideration include the measures that must be considered when seeking to control risks, the order in which they must be relied upon, and when control measures must be reviewed, and potentially revised, including when a request is made by a health and safety representative in certain circumstances.
Additionally, and again assuming the regulations are similar to those we have already seen in the proposed form, employers should expect to be required to:
- have written prevention plans when certain psychosocial hazards are identified, including those relating to aggression, violence, bulling, exposure to traumatic content or events, high job demands and sexual harassment; and
- in the case of those who employ more than 50 employees at any time during a reporting period, report to WorkSafe Victoria twice a year about reportable psychosocial complaints. This will include those involving aggression or violence, bullying and/or sexual harassment (including those relating to independent contractors and their employees).
What can you do now?
In anticipation of the regulations, and as a matter of good governance, your business can:
- Ensure its risk assessments are up to date to account for psychological hazards and the ways in which they can be eliminated or controlled in the workplace. This will provide a sound basis for preparing written prevention plans.
- Regularly consult with its workforce to ensure all relevant risks are being identified and controlled.
- Revisit its grievance policies and procedures, including in relation to independent contractors, to ensure they have been effectively implemented and provide for the efficient triaging and resolution complaints.
- Ensure its systems can capture data relating to complaints that may be required to be reported to WorkSafe Victoria on a bi-annual basis, and that its workforce is trained in using them.
Additionally, for those with operations in Queensland
From 1 March 2025 your organisation is required to have a written prevention plan to manage risks from sexual harassment or sex or gender-based harassment at work as part of its proactive management of such risks.
For further information you can read our previous Insight available here.
Please get in touch with a member of our team if you would like to discuss how these recent reforms impact your organisation and the practical steps your organisation can be taking to meet its work health and safety obligations.
