Victoria’s New Psychosocial Hazard Regulations: What Employers Need to Know

How to Comply with the New Psychosocial Regulations in Victoria

Victoria has now introduced dedicated regulations for managing psychological health at work under the Occupational Health and Safety (Psychological Health) Regulations 2025 (Vic).

These regulations, which commenced on 1 December 2025, build on the existing OHS Act and set out clearer, more specific duties for employers to prevent psychological harm in the workplace.

This represents an important shift in how Victorian workplaces must address mental health. Employers have always had a responsibility to manage psychosocial risks, but the new regulations explain how employers must meet those duties. This includes new standards, documentation requirements and enforceable obligations.

If you manage a business or employ workers in Victoria, it is essential to understand what has changed and what action is now required.

What Are Psychosocial Hazards?

Psychosocial hazards are workplace factors that can impact someone’s mental wellbeing, such as how work is organised, the work environment, or the way people treat each other.

Common examples include:

• Bullying, sexual harassment, occupational violence and aggression.
• High or low job demands.
• Low job control or unclear job roles.
• Poor supervision, limited support, or inadequate resources.
• Poor workplace relationships or conflict.
• Inadequate organisational change management.
• Exposure to traumatic events or distressing content.
• Remote or isolated work.
• Poor environmental conditions, or low recognition and reward.

Under the new regulations, these hazards must be identified, assessed and controlled with the same rigour applied to physical health and safety risks. 

What Has Changed for Employers?

The regulations impose several specific, enforceable duties. Employers must now take a structured, proactive approach to psychosocial risk management, including:

1. You are responsible for identifying psychosocial hazards.

Employers must actively assess their workplaces for potential psychosocial risks — not just respond after issues arise. This includes reviewing work design, staffing, management practices, change processes, interpersonal dynamics and environmental conditions. 

2. You need to implement and review control measures.

Employers must eliminate psychosocial risks so far as reasonably practicable. If elimination is not possible, you must reduce risks. Control measures must be periodically reviewed, especially when work changes, incidents occur, or new information becomes available. 

3. You must have written prevention plans for key hazards.

The regulations require employers to develop written prevention plans where certain high-risk psychosocial hazards are present, including: 

• Bullying
• Sexual harassment
• Occupational violence and aggression
• Exposure to traumatic material
• High job demands

These plans must identify the relevant risks, outline control measures, and include how those measures will be implemented and reviewed.

4. You must record and monitor incidents

Employers must have mechanisms in place to record and track reports of:

• Bullying
• Sexual harassment
• Violent or aggressive behaviour
• Exposure to traumatic content

Earlier draft regulations proposed mandatory periodic reporting of certain data to WorkSafe for larger employers; this requirement does not appear in the final Regulations. However, they still expect employers to maintain robust internal systems to capture, monitor and respond to psychosocial risk data and demonstrate compliance. 

5. You have consultation obligations.

Employers must consult with employees and Health and Safety Representatives (where present) when identifying hazards, deciding on risk controls, and reviewing measures. This includes consultation with labour-hire workers or contractors under the employer’s management. 

Victoria is the last Australian jurisdiction to introduce specific psychosocial regulations, and its model is generally regarded as more detailed and prescriptive than those adopted in other states. 

Legal Risks of Non-Compliance

Failure to comply with the new regulations may result in enforcement action from WorkSafe Victoria, including improvement notices, prohibition notices and prosecution, with significant penalties for breaches of the OHS Act. 

These cases highlight the seriousness of psychosocial harm:

• In 2023, Court Services Victoria was convicted and fined $379,157 (just under $380,000) after a court found that a toxic workplace culture at the Coroners Court of Victoria contributed to an employee’s suicide and widespread psychological harm. 
• WorkSafe Victoria has since pursued multiple prosecutions for failures to control psychosocial risks, including excessive workloads, exposure to traumatic material and inappropriate workplace behaviour. 

With the introduction of these regulations, WorkSafe now has clearer legislative benchmarks to assess employer conduct. This means you should expect more frequent and more stringent enforcement. 

What Employers Should Do Now

1. Review current practices. Check whether your OHS and HR systems effectively identify and manage psychosocial risks, especially in areas such as remote or isolated work, high-demand roles, inexperienced staff, organisational change, and performance processes.

2. Conduct a psychosocial risk assessment. Use surveys, consultation, incident data, turnover and exit trends, and workload reviews to identify problem areas and patterns of risk. WorkWell – Australia’s only validated psychological risk assessment tool – is recommended by WorkSafe Victoria.

3. Update policies and procedures. Ensure policies clearly define psychosocial hazards, outline reporting pathways, incorporate a psychosocial risk-management framework, and align with the new Regulations and Compliance Code.

4. Strengthen reporting and record-keeping. Implement or refine systems for capturing bullying and harassment reports, aggression or violence incidents, and documenting controls and follow-up actions.

5. Train leaders and employees. Provide targeted training to managers on their new duties, recognising hazards, responding appropriately, and consulting with staff. General awareness training should also be provided to all employees.

How Aintree Group Legal Can Help

Aintree Group Legal can support employers in navigating these new requirements by providing:

• Review and updating of OHS, HR and workplace behaviour policies
• Development of psychosocial risk-management frameworks and hazard registers
• Drafting of the required written prevention plans for key psychosocial hazards
• Guidance on consultation processes with employees and Health and Safety Representatives
• Advice on managing incidents, complaints and investigations
• Training for boards, managers and leadership teams on the new duties and their practical implementation

If you would like professional advice in any of these areas, please get in touch.

Final Thoughts

Victoria’s psychosocial regulations represent one of the most significant changes to workplace safety law in recent years. They introduce stronger, clearer and enforceable obligations that require employers to actively manage psychological health risks in a systematic and well-documented way. 

Employers that take steps now will reduce legal, safety and reputational risks, improve workplace culture and retention, and ensure compliance as the Regulations continue to roll out through 2026 and beyond.

If you require guidance on complying with the new psychosocial regulations, please contact Aintree Group Legal for tailored advice and support.

This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.