Western Australia adopted the national model WHS laws on 31 March 2022 through the Work Health and Safety Act 2020 (WA) and its accompanying regulations. The psychosocial-specific provisions, which define psychosocial hazards and prescribe how PCBUs must manage the associated risks, commenced on 24 December 2022.

That was two years ago. What has happened since tells you where the enforcement trajectory is heading.

The regulatory framework

WA's psychosocial compliance obligations sit within the harmonised WHS framework. PCBUs must identify psychosocial hazards, eliminate the risks so far as is reasonably practicable, and where elimination is not reasonably practicable, minimise them using the same risk management approach applied to physical hazards.

The Code of Practice: Psychosocial hazards in the workplace (2022) provides practical guidance for PCBUs across different organisational contexts, from small businesses through to government agencies. The Code identifies common psychosocial hazards including exposure to traumatic events, aggressive clients, remote or isolated work, high job demands, poor support, bullying, harassment, and poor organisational change management.

WorkSafe WA also published a Code of Practice: Workplace behaviour addressing behavioural hazards specifically. Together, these Codes set the practical benchmark for compliance. A PCBU that follows the Codes is taken to have complied with the requirements. A PCBU that takes a different approach must demonstrate that it meets an equivalent or higher standard.

WorkSafe WA has emphasised early identification of risks as a regulatory priority. The focus is not limited to responding to complaints after harm occurs. It extends to whether PCBUs have proactive systems for identifying psychosocial hazards before they cause injury, particularly in workplaces where exposure to traumatic events, client aggression, or remote and isolated work is inherent to the nature of the job.

The enforcement signal

In October 2024, WorkSafe WA announced that it had charged the Western Australian Department of Justice with breaching its duties under the WHS Act in relation to psychosocial hazards at Bunbury Regional Prison. This is the first psychosocial hazards prosecution WorkSafe WA has commenced under the current legislation.

The charges are Category 1 offences under section 31 of the WHS Act, carrying a maximum penalty of $3.5 million for a body corporate. Under the WA WHS Act, the only offence higher than Category 1 is industrial manslaughter. WorkSafe alleges the Department failed to provide and maintain a safe working environment, resulting in serious psychological harm to a prison officer from sustained exposure to bullying, harassment including sexual harassment, and victimisation.

An improvement notice had been issued in March 2023 requiring the Department to implement procedures for managing inappropriate workplace behaviours. According to WorkSafe, the Department failed to comply even after being granted an extension.

What this means

The WA prosecution is significant beyond its jurisdiction. It demonstrates that a regulator operating under the harmonised WHS framework is prepared to bring Category 1 charges for psychosocial hazard failures, treating them with the same gravity as serious physical safety breaches.

For organisations in Western Australia and nationally, the message is practical: a Code of Practice that sits on a shelf does not constitute compliance. A system that identifies hazards, implements controls, consults workers, and reviews those controls when circumstances change does.

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. Information cited is sourced from WorkSafe WA, the Federal Register of Legislation, and relevant legal analyses as of the date of publication.