This is co-authored by Harry Kinkead.
The Victorian Government is on the brink of finalising new regulations addressing psychological health, which will soon mandate written “prevention plans” for managing psychosocial hazards in workplaces. This development follows a comprehensive four-year process and is likely to take effect on 1 December 2025.
The forthcoming psychological health regulations (2025 regulations) will be accompanied by a Compliance Code to assist employers in fulfilling their obligations. Additionally, the Government will provide extra guidance on utilising prevention plans to identify and control psychosocial hazards.
These changes are responsive to the increasing rate of work-related mental injuries in Victoria and are informed by several significant reviews and inquiries, including:
- Marie Boland’s review of the national model Work Health and Safety laws
- The Productivity Commission’s inquiry into mental health
- The Royal Commission into Victoria’s mental health system
- The Australian Human Rights Commission’s Respect@Work report on sexual harassment
The Victorian Government initially announced new regulations addressing these matters in May 2021 and released draft regulations for comment in 2022 (draft regulations). By September 2023, all of Australia’s harmonised WHS jurisdictions, except Victoria, had committed to regulations addressing psychosocial hazards. The 2025 regulations are not yet available.
We anticipate the 2025 regulations will be based on the draft regulations, with amendments to incorporate comments received during the consultation process.
The draft regulations required employers to:
- identify psychosocial hazards
- control and eliminate risks where reasonably practicable
- review risk control measures when necessary
The draft regulations also required employers to compile written prevention plans for hazards such as aggression, violence, bullying, exposure to traumatic content, high job demands, and sexual harassment and detail the associated risks, necessary control measures, implementation plans, and consultation processes.
The draft regulations also required employers to produce their prevention plans upon request by a WorkSafe Victoria inspector and to report certain psychosocial complaints to WorkSafe every six months.
The Government has stated that the 2025 regulations will be made in October this year and will take effect on 1 December 2025.
WorkSafe health and safety executive director, Sam Jenkin, stated, “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 State Occupational Health and Safety Act 2004.”
Employers are encouraged to stay informed and prepare for these upcoming changes to ensure compliance and promote mentally healthy workplaces.