If your organisation operates across state borders, you already know that psychosocial hazard compliance is not a one-size-fits-all exercise. Each Australian jurisdiction sets its own rules for how employers must identify, assess and control psychosocial hazards. Psychosocial regulations by state in Australia now vary in their definitions, hierarchy of controls requirements, codes of practice and enforcement approaches. This guide breaks down what national employers need to know across all eight states and territories plus the Commonwealth (Comcare) jurisdiction, so you can build a compliance framework that works everywhere your people do.

Why Psychosocial Regulations Differ Across Australian States

Australia's WHS framework rests on model laws developed by Safe Work Australia. Most states and territories, along with the Commonwealth, have adopted these model laws. But "harmonised" does not mean "identical."

Each jurisdiction retains the power to modify, extend or supplement the model Work Health and Safety Act 2011, and each has introduced psychosocial hazard provisions on different timelines and with jurisdiction-specific variations.

Victoria sits outside this model entirely. It operates under the Occupational Health and Safety Act 2004 (Vic) and has developed its own standalone psychosocial regulations and compliance code, with distinct definitions, a modified hierarchy of controls and unique hazards such as gendered violence.

New South Wales: Psychosocial Hazards Under the WHS Regulation 2025

NSW made significant changes when the Work Health and Safety Regulation 2025 commenced on 22 August 2025, replacing the 2017 Regulation.

Governing legislation: Work Health and Safety Act 2011 (NSW); Work Health and Safety Regulation 2025 (NSW)

Code of practice: Managing Psychosocial Hazards at Work Code of Practice (issued May 2021, remains current)

Key changes employers must know:

The 2025 Regulation explicitly requires PCBUs to manage psychosocial risks by applying the hierarchy of controls set out in section 36 of the Regulation. This marks a departure from the model WHS Regulations, which excluded the hierarchy of controls from the psychosocial risk management duty. NSW now aligns with Queensland, South Australia and the Commonwealth in requiring higher-order controls (such as redesigning work or modifying systems) before relying on lower-order measures like training or counselling.

From 1 July 2026, a further shift takes effect under section 26A of the WHS Act. PCBUs must either comply with an approved Code of Practice or demonstrate an equivalent or higher standard. This transforms the Code from advisory guidance into a legally enforceable compliance benchmark, meaning SafeWork NSW inspectors can treat failure to follow the Code as evidence of non-compliance without needing to prove harm occurred.

National employers should also note that NSW has expanded union and HSR powers in WHS matters, including new reporting requirements for provisional improvement notices. For more on how consultation obligations interact with psychosocial risk management, see our guide to consultation requirements under WHS law. ReFresh tracks these NSW-specific obligations alongside your other jurisdictions, so your WHS team can see exactly what section 26A compliance looks like before the July 2026 deadline hits.

Victoria: Psychosocial Hazards Under the OHS (Psychological Health) Regulations 2025

Victoria is the outlier. It does not follow the model WHS laws and has instead developed its own psychosocial framework under the Occupational Health and Safety Act 2004.

Governing legislation: Occupational Health and Safety Act 2004 (Vic); Occupational Health and Safety (Psychological Health) Regulations 2025

Compliance code: Compliance Code: Psychological Health (Edition 1, September 2025)

Commencement date: 1 December 2025

What makes Victoria different:

Victoria's definition of "psychosocial hazard" extends beyond the model WHS framework. It covers any factor in work design, systems of work, management of work, the carrying out of work, or personal or work-related interactions that may cause a negative psychological response creating a risk to health or safety. The inclusion of "personal interactions" and a broad definition of "psychological response" (covering cognitive, emotional, behavioural and physiological responses) gives the Victorian definition wider reach than the model law equivalent.

Victoria uses a modified hierarchy of controls that differs from the traditional hierarchy in model WHS jurisdictions. The Victorian Regulations require employers to first eliminate the risk, then reduce risk by altering work management, plant, systems of work, work design or the workplace environment, and then use information, instruction or training only where alteration measures are not reasonably practicable. Critically, information, instruction or training cannot serve as the exclusive or predominant control measure.

WorkSafe Victoria explicitly lists gendered violence as a psychosocial hazard, defined as any behaviour directed at or affecting a person because of their sex, sexual orientation, gender or gender identity, or because they do not adhere to socially prescribed gender roles. This is a notable addition that does not appear as a separately listed hazard in the model WHS codes of practice.

While an earlier draft of the Regulations proposed mandatory six-monthly reporting to WorkSafe for larger employers, the final version removed this requirement. WorkSafe encourages prevention plans but does not mandate them. However, employers should expect WorkSafe to treat the Compliance Code as a benchmark for what constitutes "reasonably practicable." A failure to follow the Compliance Code can serve as evidence in proceedings for a breach of the OHS Act. For examples of how regulators have enforced psychosocial obligations, see our case law review of recent prosecutions for psychosocial hazard failures. ReFresh helps employers with Victorian workers apply the modified hierarchy of controls correctly and document that training only serves as a supporting measure, not the primary response.

Queensland: Psychosocial Hazards Under the Code of Practice 2022

Queensland was an early mover, commencing its psychosocial hazard code and regulations on 1 April 2023.

Governing legislation: Work Health and Safety Act 2011 (Qld); Work Health and Safety (Psychosocial Risks) Amendment Regulation 2022

Code of practice: Managing the Risk of Psychosocial Hazards at Work Code of Practice 2022 (commenced 1 April 2023)

Queensland's Code broadly aligns with the Safe Work Australia Model Code of Practice but goes further in emphasising the hierarchy of controls. PCBUs must apply the highest-level control measure that is reasonably practicable rather than defaulting to administrative measures or training.

Workplace Health and Safety Queensland has invested in practical support tools, including a Small Business Toolkit that provides templates, checklists and plain-language guidance for smaller employers. This toolkit can serve as a useful baseline even for larger organisations building their compliance programs.

Under Queensland WHS laws, codes of practice carry enforcement weight: inspectors can reference the Code when issuing improvement or prohibition notices, and courts can treat it as evidence of what a PCBU should reasonably have known about managing psychosocial hazards.

Queensland does not apply to mining and resources workplaces (which fall under Resources Safety & Health Queensland) or to Commonwealth government agencies (which follow Comcare). ReFresh's hazard register templates align with the Queensland Code's example risk registers, giving employers a head start on documenting their risk management process.

Western Australia: Psychosocial Hazards Code of Practice 2022

Western Australia adopted the national model WHS laws in 2022 under the Work Health and Safety Act 2020 (WA) and the Work Health and Safety (General) Regulations 2022.

Code of practice: Code of Practice: Psychosocial Hazards in the Workplace (2022)

WA's Code of Practice took effect on 11 February 2022, making it one of the earliest jurisdiction-specific psychosocial codes. The WA code focuses on general principles for prevention and management, and employers should read it alongside two companion codes: the Code of Practice: Workplace Behaviour 2022 and the Code of Practice: Violence and Aggression at Work 2022.

This three-code structure is unique to WA and provides more granular guidance on specific hazard categories. WorkSafe WA places strong emphasis on integrating psychosocial controls into existing safety management systems rather than building standalone programs, and encourages early identification of risks associated with traumatic events, aggressive clients and remote or isolated work. ReFresh supports WA's integrated approach by embedding psychosocial controls directly within your broader WHS management system, rather than treating them as a separate compliance layer.

South Australia: Model WHS Regulations Adopted

South Australia adopted the model psychosocial hazard regulations with effect from 25 December 2023.

Governing legislation: Work Health and Safety Act 2012 (SA); Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023 (SA)

Code of practice: The SafeWork SA approved Code of Practice on Managing Psychosocial Hazards at Work supports the amended regulations.

SA's approach closely tracks the model WHS Regulations. PCBUs must identify psychosocial hazards, assess risks, and implement control measures with regard to the relevant matters listed in the regulations: duration, frequency and severity of exposure; how hazards interact; work design; systems of work; and workplace layout and conditions.

SA provides a straightforward implementation of the national framework. Employers already compliant with the model provisions should find the transition manageable, but PCBUs should confirm that their risk registers and control measures specifically address the interaction between multiple hazards, which the SA regulations emphasise. ReFresh flags hazard interactions automatically, helping SA employers meet this specific requirement without manual cross-referencing.

Tasmania: Model Regulations Adopted Early

Tasmania moved quickly, amending its Work Health and Safety Regulations 2022 to include psychosocial hazard provisions that commenced on 30 November 2022. The approved Managing Psychosocial Hazards at Work Code of Practice took effect on 4 January 2023.

Governing legislation: Work Health and Safety Act 2012 (Tas); Work Health and Safety Regulations 2022 (Tas)

Code of practice: Managing Psychosocial Hazards at Work (Model Code, effective 4 January 2023)

Tasmania closely follows the model WHS amendments. WorkSafe Tasmania promotes practical checklists and self-assessment tools and places particular emphasis on proactive identification of high job demands, fatigue and remote work isolation. Tasmania has seen an 86% increase in mental health injuries over the past decade, which has driven the regulator's focus on enforcement and education. ReFresh helps Tasmanian employers track these hazard categories and document their risk management process using the same structured approach the regulator expects.

Australian Capital Territory: Strategy-Led Approach

The ACT adopted its psychosocial hazard regulations through the WHS Amendment Regulation 2023 and approved the Managing Psychosocial Hazards at Work Code of Practice, which commenced on 27 November 2023.

Governing legislation: Work Health and Safety Act 2011 (ACT); WHS Amendment Regulation 2023 (ACT)

Code of practice: Managing Psychosocial Hazards at Work (commenced 27 November 2023)

The ACT also launched a dedicated Strategy for Managing Work-Related Psychosocial Hazards (2021 to 2023) through WorkSafe ACT, which focused on education, guidance and targeted inspections. This strategy-led approach means ACT employers should expect proactive regulatory engagement, not just reactive enforcement. ReFresh supports ACT employers by maintaining audit-ready documentation that demonstrates compliance during regulatory inspections.

Northern Territory: Regulations in Effect from July 2023

The Northern Territory amended its Work Health and Safety (National Uniform Legislation) Regulations 2011 to include psychosocial hazard provisions, effective from 1 July 2023.

Governing legislation: Work Health and Safety (National Uniform Legislation) Act 2011 (NT); Work Health and Safety (National Uniform Legislation) Regulations 2011 (amended 2023)

Regulator: NT WorkSafe

The NT explicitly defines "psychosocial hazard" and "psychosocial risk" in its Regulations and requires PCBUs to manage psychosocial risks using the same risk management process as physical hazards under Part 3.1. The NT's regulatory framework aligns closely with the model WHS Regulations, and NT WorkSafe identifies the management of psychosocial hazards as a key element of employer obligations. Given the NT's prevalence of remote and isolated work, employers in this jurisdiction should pay particular attention to hazards linked to fly-in/fly-out arrangements and geographic isolation. ReFresh helps NT employers address these location-specific risks within their broader psychosocial hazard registers.

Commonwealth (Comcare): The 17 Psychosocial Hazards

The Commonwealth jurisdiction, regulated by Comcare, covers Australian Public Service agencies, Commonwealth government authorities and some national employers such as Australia Post and the ABC. Amended WHS Regulations took effect on 1 April 2023, and the Minister for Employment and Workplace Relations approved the Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024, which is now in force.

The Comcare Code identifies 17 psychosocial hazards, the most comprehensive listed set of any Australian jurisdiction. It covers the 14 hazards from the model Code plus three additions: fatigue, intrusive surveillance and job insecurity.

These three additional hazards reflect Comcare's assessment of risks particularly relevant to Commonwealth workplaces. For a detailed breakdown of all 17 hazards and how to manage them, see our guide to understanding the Managing Psychosocial Hazards at Work Code of Practice 2024.

Comcare requires PCBUs to apply the hierarchy of controls, have regard to the relevant matters in Regulation 55D when implementing control measures, and review controls when they fail to manage the risk, when new hazards emerge, when workplace changes occur, or when consultation results indicate a review is needed. Comcare also runs a Psychosocial Inspection Program with a structured six-stage process. ReFresh's hazard register covers all 17 Comcare hazards out of the box, so Commonwealth employers can track, control and review each hazard with audit-ready documentation.

State-by-State Comparison Table

Key Differences National Employers Must Watch

Running operations across multiple states means tracking several important divergences in psychosocial hazard compliance.

Definitions vary. Victoria's definition of psychosocial hazard is broader than the model WHS definition. It captures personal interactions (not just work-related ones) and explicitly references a wider set of psychological responses. A control framework designed around the model WHS definition may not fully cover Victoria's requirements. ReFresh accounts for these definitional differences, so your risk assessments capture every hazard each jurisdiction expects you to manage.

Jurisdictions apply the hierarchy of controls differently. NSW now mandates the standard hierarchy of controls for psychosocial risks, joining Queensland, SA and the Commonwealth. Victoria uses a modified hierarchy with different terminology and a specific restriction on training as a predominant control. Employers relying on training-heavy programs will need to demonstrate that higher-order controls were not reasonably practicable, particularly in Victoria and NSW.

Hazard lists differ. Comcare's 17-hazard list includes fatigue, intrusive surveillance and job insecurity, which other jurisdictions do not separately enumerate. Victoria lists gendered violence as a standalone hazard. A national risk register should account for the widest set of hazards across all relevant jurisdictions, and ReFresh builds this combined view for you automatically.

Enforcement timelines and powers are shifting. NSW is strengthening its enforcement posture through the new section 26A Code compliance duty (effective July 2026) and expanded union/HSR powers. Victoria's Regulations commenced with no transitional provisions, meaning employers needed to comply immediately from 1 December 2025. Comcare runs a formal psychosocial inspection program with structured timelines.

Reporting requirements differ. While Victoria removed the proposed six-monthly reporting requirement from its final Regulations, each jurisdiction has its own incident notification rules. NSW has introduced new psychosocial-specific reporting requirements for SafeWork NSW. National employers should map their incident reporting workflows to each jurisdiction's requirements, and ReFresh's jurisdiction-aware reporting tools make this straightforward.

Consultation obligations require jurisdiction-specific approaches. Every jurisdiction requires worker consultation, but the mechanisms, timing and documentation expectations differ. Victoria has strengthened consultation requirements with HSRs, including when reviewing risk controls.

Building a National Compliance Framework with ReFresh

The practical approach for multi-state employers: build your compliance framework around the most demanding requirements and adjust for jurisdiction-specific obligations. Design risk assessments that capture all 17 Comcare hazards (plus Victoria's gendered violence), apply the hierarchy of controls as required by NSW and Victoria, and document consultation processes that satisfy the strictest requirements.

A single national policy will not cut it if it does not account for Victoria's unique framework, NSW's evolving enforcement posture, and Comcare's expanded hazard list. Audit your current systems against each jurisdiction where you have workers and close gaps before regulators find them.

ReFresh helps national employers manage all of this from a single platform. With built-in jurisdiction mapping, hazard registers aligned to each state's requirements and automated control tracking against the hierarchy of controls, ReFresh takes the guesswork out of multi-state compliance.

Book a demo to see how ReFresh can simplify psychosocial hazard management for your organisation.

This article provides general information about workplace health and safety requirements and should not be relied upon as legal advice. Requirements vary by jurisdiction and may have changed since publication. Consult relevant codes of practice, regulatory guidance and qualified advisors for your specific circumstances. For more information on how to identify, assess and control psychosocial hazards in your workplace, visit refresh.tech to see how we can help you meet your duty of care obligations.