Victoria’s new Psychological Health regulations are now in effect

Victoria’s Occupational Health and Safety (Psychological Health) Regulations 2025 (new Regulations) came into effect on 1 December 2025.

The new Regulations require employers to, so far as is reasonably practicable, identify psychosocial hazards and eliminate any risk associated with a psychosocial hazard. If it is not reasonably practicable to eliminate a risk associated with a psychosocial hazard, the employer must reduce the risk so far as is reasonably practicable by:

• Altering – (i) the management of work; or (ii) the plant; or (iii) the systems of work; or (iv) the work design; or (v) the workplace environment.
• Using information, instruction or training (which can only be exclusively used if alteration control measures are not reasonably practicable).
• A combination of the above measures (where information, instruction or training cannot be the predominant measure).

Employers are also required to review and, if necessary, revise any implemented risk controls and ensure that any risk control measure required by the new Regulations is properly installed, used and maintained.

The new Regulations define the term ‘psychosocial hazards’ as “…any factor or factors in— (a) the work design; or (b) the systems of work; or (c) the management of work; or (d) the carrying out of the work; or (e) personal or work-related interactions— that may arise in the working environment and may cause an employee to experience one or more negative psychological responses that create a risk to the employee's health or safety”.

The Victorian “Compliance Code: Psychological Health” provides further explanations, including for the term ‘psychological response’ which is defined to include “…cognitive, emotional and behavioural responses and the physiological processes associated with them”. It also sets out examples of ‘psychosocial hazards’ which are similar to those set out in Codes of Practice from other Australian jurisdictions (but also includes gendered violence).

As discussed in our recent presentation, Safe Work Australia’s ‘Key Work Health and Safety Statistics Australia’ Report released in October 2025 indicates that:

• “Claims for Mental health conditions continued to increase in 2023-24p, and now account for 12 per cent of all serious claims. The median time lost from work in these claims is almost five times that recorded across all other injuries and diseases”
• “Mental health conditions are …one of the costliest forms of workplace injury. They lead to significantly more time off work and higher compensation paid when compared to other injuries and diseases”.

WorkSafe Victoria publications also indicate that “[w]ork-related mental injuries continue to increase, representing 18 per cent of all new claims in 2023-24”. The top three psychosocial hazards reported to the advisory line in FY 2023/2024 time were bullying, poor support, and aggression or violence (followed by poor workplace relationships and poor organisational justice).

Even prior to the introduction of the new Regulations, there have been prosecutions (some of which are still before the courts) and investigations in Victoria arising from risks to psychological health by WorkSafe Victoria. Interestingly, there are no transitional provisions in the new Regulations meaning they commence on 1 December 2025. WorkSafe have indicated in the FAQs that “[B]usinesses operating in and beyond Victoria will already be complying with similar requirements interstate, which we expect has improved the state of knowledge for many Victorian businesses…While employers will be required to meet all obligations under the Regulations from commencement, businesses may have different experiences with psychological risk management, and may require time to adjust to the Regulations, with these factors being considered by inspectors in forming their basis of belief and determining their regulatory response”.

We recommend that national employers review their current risk assessments relating to management of psychosocial risks and consider whether those risk assessments reflect Victoria’s new Regulations. In particular, employers should consider whether their existing risk controls, (when it is not reasonably practicable to eliminate the risk) focus on reducing the risk so far as is reasonably practicable by altering the management of work, the plant, the systems of work, the work design or the workplace environment.

Should you have any questions or require any assistance in responding to the new Regulations, please don’t hesitate to contact our team.