On 5 December 2025, Safe Work Australia published amendments to the model WHS Act that created a standalone notification category for work-related suicide and attempted suicide. For the first time, the incident notification framework treats psychosocial hazards and psychological harm with the same structural seriousness as a physical fatality or a collapsed scaffold. This is not a policy signal. It is a legislative mechanism, and it will reshape how regulators see psychosocial compliance in your organisation.

What the amended model WHS Act changes for psychosocial hazard notification

The amendments to the model WHS Act replace the old concept of a "notifiable incident" with a broader term: "relevant occurrence." A relevant occurrence now covers three categories of psychosocial and physical harm.

Notifiable incidents now include a new sub-category: violent incidents. Sexual assault, physical assault, deprivation of liberty, and credible threats of assault that expose a person to serious risk of psychological harm all now trigger immediate notification to the WHS regulator, even without a physical injury. Previously, PCBUs only reported these events if they resulted in serious injury or illness requiring immediate treatment, or death.

Notifiable extended absences require notification within 14 days where a worker has been absent for 15 or more consecutive days due to a work-related physical or psychological injury or illness, or where a worker anticipates, on the basis of a medical practitioner's opinion, being absent for that period. This means the notification clock can start before 15 days have actually elapsed. It also creates a direct pipeline from your workers compensation psychological injury claims data to your regulator's desk. The claim that used to sit quietly in your insurer's system now generates a reportable event.

Notifiable suicides introduce the most significant new obligation. PCBUs must notify the WHS regulator immediately upon becoming aware of a worker's death by suicide, suspected suicide, attempted suicide, or suspected attempted suicide, where any of the following prescribed circumstances exist: the event occurs during ordinary working hours; it occurs at or near the workplace; it occurs in relevant accommodation (significant for FIFO, remote, and residential care workers); it involves something available to the worker because of their work; the worker is wearing their work uniform in an unexpected context; the worker had a psychological injury arising from the conduct of the business; or the worker was exposed to frequent, prolonged, or severe psychosocial hazards because of their work.

The definition also extends beyond workers. It covers the suicide of any person at a workplace where suicide is a reasonably foreseeable risk due to the nature of the workplace and the presence of physical hazards that could be used in a suicide. This is directly relevant for custodial settings, healthcare facilities, and high-risk infrastructure.

A critical detail: the standard "arising from the conduct of the business or undertaking" test that applies to other relevant occurrences does not apply to notifiable suicides. The prescribed circumstance triggers are broader. Organisations cannot avoid the notification duty simply by arguing the suicide was unrelated to work. If the circumstances match, the obligation exists.

How the evidence trail changes for organisations managing psychosocial risk

The WHS Act amendments expand what regulators expect organisations to preserve after a notifiable event. The site preservation obligation now explicitly requires PCBUs to retain electronic and digital records and witness details. When a regulator receives a suicide notification, they will not only examine the physical environment. They will look at emails, rosters, performance management records, complaint histories, and the psychosocial risk management system you either maintained or did not maintain. PCBUs must also keep records of each notification for at least five years.

The amendments also introduce a new mutual notification duty under section 39A of the model WHS Act: PCBUs and persons with management or control of a workplace must now notify each other immediately upon becoming aware of a relevant occurrence. This closes the gap where psychosocial incidents went unreported because one party assumed the other had already notified the regulator.

When these psychosocial compliance obligations take effect

These amendments are model law changes published by Safe Work Australia. They do not take effect until each state and territory adopts them into local WHS legislation. Victoria, which operates outside the harmonised WHS regime, has its own Psychological Health Regulations that commenced in December 2025. Herbert Smith Freehills anticipates the adoption process across other jurisdictions will take at least one to two years, given the need for regulators to resource and administer the new requirements.

But the direction is not in question. The regulatory framework is building an evidence infrastructure around psychosocial harm. Workers compensation psychological injury claims reached 17,600 in 2023-24, representing 12% of all serious workers compensation claims in Australia and a 161% increase over the past decade. Workers with psychological injury claims take a median of 35.7 weeks off work and receive median compensation of $67,400: more than four times the median compensation and nearly five times the duration of other serious claims. Published analyses of suicide case investigations suggest that work or working conditions contribute to 10 to 13 per cent of suicide deaths.

The regulatory system is catching up to what this data has been saying for years.

What to do before your jurisdiction adopts these psychosocial hazard notification requirements

Organisations that wait for their local WHS regulator to gazette these changes before acting will find themselves building systems under pressure that should already exist. Safe Work Australia has published a 65-page handbook with practical examples to help PCBUs interpret the new provisions. Read it now.

The operational priorities are clear. Conduct structured psychosocial hazard identification across all hazard categories defined in the Code of Practice. Implement documented control measures with clear ownership, defined timelines, and regular review cycles. Build governance evidence that demonstrates continuous, systematic action, not a point-in-time assessment done once and filed. Establish incident reporting procedures that capture violent incidents and extended absences, not just physical injuries. Review your psychosocial compliance obligations by jurisdiction to understand what already applies in your state. And ensure your digital records, including emails, HR files, and performance records, reflect an organisation that was actively managing psychosocial risk before a notification event occurred.

When a regulator receives a suicide notification under these new provisions, the first question will not be "what happened." It will be "what did you have in place to prevent it."

If you or someone you know is struggling, support is available. Contact Lifeline on 13 11 14 or Beyond Blue on 1300 22 4636.

Disclaimer: This article provides general information on psychosocial compliance in Australian workplaces. It does not constitute legal advice. Organisations should consult qualified professionals for advice specific to their circumstances. Data cited is sourced from Safe Work Australia, the American Journal of Industrial Medicine, and relevant state regulators as of the date of publication.