In June 2022, Safe Work Australia amended the model Work Health and Safety (WHS) Regulations to insert explicit definitions of "psychosocial hazard" and "psychosocial risk" and require persons conducting a business or undertaking (PCBUs) to identify, assess and control psychosocial hazards in the workplace. A new model Code of Practice: Managing psychosocial hazards at work accompanies the amended regulations and provides practical guidance on how to comply.

These amendments represent the most significant development in Australian WHS compliance for psychological health in over a decade.

What the amendments change and what they do not

The amendments do not create new duties. Under the model WHS Act, "health" has always included psychological health. PCBUs have had a duty to protect workers from psychological harm since the harmonised laws commenced in 2012. What the amendments do is make that duty explicit, with specific regulatory provisions that clarify what the law expects when managing psychosocial hazards in the workplace.

The amended model WHS Regulations define a psychosocial hazard as any hazard that arises from, or relates to, the design or management of work, a work environment, plant at a workplace, or workplace interactions or behaviours, and that may cause psychological harm, whether or not it may also cause physical harm. A psychosocial risk is a risk to health or safety arising from a psychosocial hazard.

This distinction matters. The regulations recognise that psychosocial hazards can cause both psychological and physical harm, and that PCBUs must manage both dimensions through the same structured risk management framework that applies to all workplace hazards.

Why the amendments were introduced

The amendments implement Recommendation 2 of the 2018 Review of the model WHS laws, conducted by independent reviewer Marie Boland, former Executive Director of SafeWork SA. The review was completed in late 2018 and its final report was published in February 2019, containing 34 recommendations.

The Boland Review found a widespread view among stakeholders that psychological health was neglected in the model WHS Regulations and Codes of Practice. Participants called for a clear legislative framework to manage psychosocial risks, rather than relying on general duties alone. The review noted that safety regulators already had the power to address psychological health, and some had established dedicated psychosocial units, but the absence of specific regulations created uncertainty for duty holders about what control measures were required.

Recommendation 2 called for amending the model WHS Regulations to address how to identify the psychosocial risks associated with psychological injury and the appropriate control measures to manage those risks.

In May 2021, WHS Ministers from the Commonwealth, states and territories agreed to act on all 34 recommendations of the Boland Review. Safe Work Australia finalised the model amendments in June 2022.

The psychosocial risk assessment process in Australia

PCBUs must manage psychosocial risks using the same four-step risk management process that applies to all workplace hazards under the WHS Regulations. This is the same process Australian workplaces have applied to physical hazards for decades, now applied with equal rigour to psychosocial risk.

Identify psychosocial hazards that could reasonably be expected to create risks. Psychosocial hazard identification involves consulting workers, reviewing incident and hazard data, examining work design, and considering how hazards may interact or combine.

Assess the risks by considering the duration, frequency and severity of workers' exposure to the psychosocial hazards, how hazards interact or combine, the design and demands of work, systems of work, workplace layout and environmental conditions, plant and structures at the workplace, and the adequacy of information, training and instruction provided.

Control the risks by implementing psychosocial hazard controls that eliminate risks so far as is reasonably practicable. Where elimination is not reasonably practicable, PCBUs must minimise the risks so far as is reasonably practicable. In determining appropriate control measures, the regulations require PCBUs to have regard to all relevant matters.

Review control measures to ensure they remain effective. Reviews are required when changes to work occur, new information about a hazard becomes available, an incident takes place, or a health and safety representative requests a review.

The WHS Code of Practice on psychosocial hazards

The model Code of Practice: Managing psychosocial hazards at work provides practical guidance on how to comply with the amended regulations. It describes common psychosocial hazards across the following categories: job demands (too high or too low), low job control, poor support, lack of role clarity, poor organisational change management, inadequate reward and recognition, poor organisational justice, traumatic events or material, remote or isolated work, poor physical environment, violence and aggression, bullying, harassment including sexual harassment, and conflict or poor workplace relationships.

As the Code notes, how psychosocial hazards are categorised matters less than ensuring the PCBU and its workers share a common understanding of what is occurring and how it may cause harm. Hazards may interact or combine to create new, changed or higher risks, and PCBUs must consider these interactions as part of the psychosocial risk assessment process.

Worker consultation on psychosocial hazards is a specific requirement under the WHS Act and Regulations. PCBUs must consult workers who are, or are likely to be, directly affected by psychosocial hazards. The Code emphasises that regular consultation is more effective than consulting only as issues arise on a case-by-case basis, and that multiple methods of consultation may be needed to reach all workers, particularly those from diverse backgrounds who may face different psychosocial exposures.

Codes of Practice are admissible in court proceedings as evidence of what is known about a hazard and how to manage it. A court may rely on a Code when determining what is reasonably practicable in the circumstances.

State-by-state adoption timeline

The model WHS laws do not automatically apply in each jurisdiction. Each state and territory decides whether to adopt the amendments into its own legislation. The adoption timeline to date is as follows.

New South Wales adopted the psychosocial amendments from 1 October 2022, becoming the first jurisdiction to do so.

Tasmania commenced its Work Health and Safety Regulations 2022, including the psychosocial hazard provisions, on 12 December 2022.

Western Australia commenced its Work Health and Safety (General) Regulations 2022 on 24 December 2022.

Commonwealth (Comcare) commenced its amended regulations on 1 April 2023. The Commonwealth regulations require PCBUs to apply the hierarchy of controls to psychosocial risks, going beyond the model regulations on this point.

Queensland commenced its psychosocial risks amendment regulation on 1 April 2023. Like the Commonwealth, Queensland requires PCBUs to apply the hierarchy of controls to psychosocial hazards.

Northern Territory commenced its amended regulations on 1 July 2023.

Australian Capital Territory commenced its amended regulations and Code of Practice on 27 November 2023.

South Australia commenced its psychosocial risks amendment regulations on 25 December 2023.

Victoria operates under its own Occupational Health and Safety Act 2004 and has not adopted the harmonised model WHS laws. Victoria released draft Occupational Health and Safety Amendment (Psychological Health) Regulations for public consultation in 2022 and is currently considering stakeholder feedback. When Victoria's regulations commence, every Australian jurisdiction will have explicit regulatory provisions for the management of psychosocial hazards.

What this means for organisations

As of October 2024, every jurisdiction in Australia has adopted, or is in the process of finalising, specific regulatory provisions requiring PCBUs to manage psychosocial risks. Organisations operating across multiple jurisdictions should note that while the regulations are broadly consistent, there are differences in how they apply, particularly around whether the hierarchy of controls applies to the psychosocial risk management duty.

The core requirement is the same everywhere: psychosocial hazards must be identified, assessed, controlled and reviewed using the same structured risk management process that applies to physical hazards. The amended regulations and accompanying Codes of Practice provide the framework for doing so.

For the state-by-state breakdown of psychosocial compliance requirements, visit the compliance-by-state collection on refresh.tech. For an overview of how psychosocial compliance fits within the broader WHS framework, see the guide to psychosocial compliance in Australia.

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. Regulatory references are sourced from Safe Work Australia, Comcare, and relevant state and territory regulators and are current as of the date of publication.