Introduction
Psychological health is no longer a “grey area” in workplace safety—especially in Victoria.
With the introduction of the Occupational Health and Safety (Psychological Health) Regulations 2025, Victoria has now moved much closer to the harmonised Work Health and Safety (WHS) model used across most of Australia.
For small businesses and not-for-profits, this is a major shift.
👉 Previously, psychological health in Victoria sat under general duty provisions.
👉 Now, there are specific, enforceable legal duties, supported by a Compliance Code.
What Are Psychosocial Hazards?
Psychosocial hazards are work-related factors that can cause psychological harm, including:
- High job demands and workload
- Poor support or unclear roles
- Workplace bullying or harassment
- Exposure to trauma or aggression
- Poor organisational systems or change management
The new Victorian regulations explicitly recognise these hazards as equivalent to physical hazards.
What Has Changed in Victoria?
Under the new laws, enforced by WorkSafe Victoria, employers now have clear, specific duties.
From 1 December 2025, businesses must:
- Identify psychosocial hazards
- Eliminate risks (so far as reasonably practicable)
- If not possible, reduce risks
- Review and revise control measures
- Consult with employees and Health & Safety Representatives (HSRs)
These duties are now explicitly written into law, not just implied.
The Role of the Compliance Code
Victoria has also introduced a Psychological Health Compliance Code, which provides practical guidance on how to comply.
Key point:
👉 Following the Compliance Code is not mandatory—but if you follow it, you are generally considered compliant with your legal duties.
This is similar to Codes of Practice in WHS harmonised jurisdictions, but tailored to Victoria.
WHS Harmonised Legisaltion vs Victoria: What Are the Differences Now?
With the 2025 changes, the gap between WHS harmonised legislation and Victoria has narrowed—but important differences remain.
1. Level of Prescription
WHS (Most States):
- Detailed psychosocial regulations already in place
- Specific factors to consider when assessing risk
Victoria (2025+):
- Now has equivalent regulations, but:
- Uses a modified approach to risk control
- Slightly different structure and definitions
👉 Bottom line: Victoria is now equally regulated, but not identical.
2. Definition of Psychosocial Hazard
Victoria’s definition is broader.
It includes:
- Work design
- Systems of work
- Management of work
- Workplace interactions (including personal interactions in work context)
This definition is considered more explicit and potentially broader than WHS laws.
3. Hierarchy of Controls (Key Difference)
Victoria introduces a modified hierarchy of controls.
Employers must prioritise:
- Eliminating the hazard
- Changing work design, systems, or environment
- Only then using training or administrative controls
👉 Training cannot be the main control unless higher-level controls are not reasonably practicable.
WHS jurisdictions:
- More flexibility to rely on training and administrative controls
👉 This is one of the most important differences for compliance.
4. Review Triggers (More Prescriptive in Victoria)
Victoria requires formal review of controls when:
- Workplace changes occur
- New hazards are identified
- Complaints or incidents arise
- HSRs request a review
👉 This creates a clear, enforceable expectation for ongoing monitoring.
5. Consultation Requirements
While consultation has always been required, the new regulations:
- Provide more detail on how to consult HSRs
- Require earlier and more structured involvement
👉 This is stronger and more explicit than many WHS provisions.
Key Similarities Between WHS and Victoria
Despite differences, both systems now require:
- A risk management approach
- Proactive identification of psychosocial hazards
- Elimination or control of risks
- Ongoing review and improvement
👉 In practical terms, compliance approaches are now very similar across Australia.
What This Means for Victorian Businesses
This is a major shift in expectations.
Before 2025:
- Psychological health = general duty (less defined)
After 2025:
- Psychological health = specific legal obligations with enforcement risk
Victorian employers now have a positive duty to proactively manage psychosocial risks.
Practical Steps to Comply (Victoria 2025+)
To meet your obligations, you should:
1. Identify Hazards
Use surveys, consultation, incident data, and observations.
2. Assess Risks
Consider frequency, severity, and exposure.
3. Implement Higher-Level Controls
Focus on:
- Work design
- Staffing levels
- Systems of work
- Leadership practices
4. Avoid Over-Reliance on Training
Training alone is not sufficient under the new laws.
5. Strengthen Consultation
Actively involve employees and HSRs early.
6. Review Regularly
Especially after:
- Complaints
- Incidents
- Organisational change
Why This Matters for Small Business and NFPs
Many small organisations assume these laws only impact large employers.
That is incorrect.
- The regulations apply to all Victorian employers
- Psychological injury claims are increasing
- Regulators are focusing heavily on psychosocial risks
👉 Even small workplaces must now demonstrate a structured risk management approach.
Final Thoughts
The introduction of the 2025 Psychological Health Regulations and Compliance Code is one of the biggest changes to Victorian OHS law in years.
The key takeaway:
👉 Victoria is no longer “behind” Harmonised WHS legislation—it now has equally strong, and in some areas stricter, requirements.
For businesses, the safest approach is:
✔ Treat psychosocial hazards exactly like physical hazards
✔ Focus on systems of work—not just training
✔ Implement a clear, documented risk management process base don consultation
Need Help?
If you’re unsure whether your business meets the new psychological health requirements, OHS&HR Management Systems Pty Ltd can help you:
- Conduct psychosocial hazard assessments
- Consult with your sfatt through surveys and focus groups
- Implement compliant risk controls
- Align your systems with the new regulations and Compliance Code
- Deliver targeted workplace training
Contact OHS & HR Management Systems now to get started with your compliance
For Small Business ask about our free OHS Essentials Program
Get the ball rolling with our Workplace Mental Health Awareness Program