Psychosocial Regulations

 On Friday 21st February 2025 the Victorian State Government issued a media release stating that new regulations will be introduced to strengthen how psychosocial hazards are managed.

The timeframe stated an anticipation that the regulations will be made in October and take effect on 1 December this year.

The aim of the regulations is to strengthen workplace health and safety laws to better address mental health and align with regulations introduced in other Australian states and territories.

Victoria has experienced an increase in work-related mental injuries, which represented 18 per cent of all new WorkCover claims in 2023-24, up from 16 per cent the previous year and nine per cent before 2009. These claims continue to rise. (Source WorkSafe Victoria).

The statement also said that a Compliance Code will be made to guide employers on how to meet their duties under the proposed regulations. This is extremely important as Compliance codes form part of the Victorian compliance framework for occupational health and safety.

A Compliance code provides duty holders with practical guidance on how to comply with their legal requirements under the Occupational Health and Safety Act 2004 (OHS Act) and Occupational Health and Safety Regulations 2017 (OHS Regulations).

While the guidance provided in a compliance code is not mandatory, a duty holder who complies with a code will to the extent it deals with their duties or obligations under the OHS Act and OHS Regulations be considered to have complied with those duties or obligations.

Extra guidance will also be provided on how prevention plans can help identify actions for the employer to take to control psychosocial hazards.

Written prevention plans feature in the proposed OHS Amendment Regulations (Psychological Health) as part of a risk management and reporting strategy. Click here for more information.

A Written prevention plan is not a requirement under other Australian jurisdictions, so we need to wait to find out what it is, and what it requires. Hopefully, the proposed Compliance code will be issued at the time the OHS regulations amendment is made to explain this, however, as yet, there has still been no mention of a consultation period on this most important document.   The original OHS amendment regulations were due to be made on 1^st July 2020. Five years on, it's time to give Victorian workplaces the support and progress they deserve."

In the meantime, some excellent guidance can be found by clicking here.

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Quote attributable to WorkSafe Executive Director of Health and Safety Sam Jenkin

“These changes send a clear message that employers must treat psychosocial hazards just as seriously as they do physical hazards, while also supporting them with the tools they need to create mentally healthy workplaces.”

“These regulations will provide clarity for employers about what they need to do to keep their workers safe from psychosocial hazards and uphold their duties under the OHS Act.”