Psychological Risk Management in Australia – Legislation Changes

National (Model WHS Laws)

  • June 2022: Safe Work Australia amended the model WHS Act and Regulations, formally introducing definitions of psychosocial hazards and associated duties for PCBUs to identify, assess, control, and review psychosocial risks. A model Code of Practice for managing these hazards was also published. MinterEllisonNorton Rose FulbrightABC
  • 1 April 2023: The amended model Regulations came into effect, reinforcing requirements for managing psychosocial risks. Australian Public Service CommissionHealth at WorkComcare

State and Territory Adoption Timeline

New South Wales (NSW)
  • May 2021: SafeWork NSW released a Code of Practice for managing psychosocial hazards. Environment Essentials
  • 1 October 2022: NSW adopted the model WHS amendments via the Work Health and Safety Amendment Regulation 2022, mandating psychosocial risk management. Mondaq+1
Queensland (QLD)
  • October 2022: Queensland passed amendments to the WHS Regulations to explicitly address psychosocial risks.
  • 1 April 2023: These amendments took effect, requiring active risk management. Mondaq+1WellExcelEnvironment Essentials
Western Australia (WA)
Tasmania (TAS)
  • 12 December 2022: New WHS Regulations—including psychosocial risk provisions—were enacted.
  • January 2023: A matching Code of Practice for managing psychosocial hazards commenced. Environment Essentials
Northern Territory (NT)
  • 1 July 2023: The national Uniform WHS Regulations were updated to incorporate psychosocial hazard duties. WorkSafeCDI Lawyers
South Australia (SA)
  • December 2023: Psychosocial risk regulations consistent with the model WHS laws are scheduled to commence. Johnson Winter Slattery
Australian Capital Territory (ACT)
  • ACT adopted a strategy for managing psychosocial hazards as early as October 2021, though formal legislative adoption followed later. Environment EssentialsCDI Lawyers
Victoria (VIC)
  • February 2025: The government reaffirmed its commitment to introducing dedicated Occupational Health and Safety (Psychological Health) Regulations by the end of 2025. Lander & RogersMinterEllisonKWM
  • 1 December 2025: These new regulations are expected to commence, making psychosocial hazards explicitly manageable as formal obligations under OHS law. Risk CollectiveClayton UtzNECA VictoriaScyne

Earlier, in 2021–22, Victoria released an exposure draft of these regulations, which closed for public feedback in March 2022. Clayton UtzEnvironment EssentialsMondaq

Summary Chart

JurisdictionLegislative Milestone
Model (National)June 2022 (amendment), April 2023 (effective implementation)
NSWCode in May 2021; Regulation effective from October 2022
QLDAmendment passed October 2022; effective April 2023
WARegulations effective December 2022; Code published July 2022
TASRegulations from December 2022; Code from January 2023
NTNational WHS Regulations adopted as of 1 July 2023
SARegulations due to commence in December 2023
ACTStrategy in place October 2021; legislative changes followed later
VICDraft in 2022; Regulations committed in Feb 2025; effective 1 December 2025

Final Word

Australia’s approach to psychosocial risk management has evolved rapidly in the past few years—moving from strategic guidance to legally enforceable duties across most jurisdictions. By April 2023, the majority of states and territories had operational regulation in place; Victoria is set to formalise obligations by December 2025.

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