Every Australian employer is now legally required to manage psychosocial risks at work.
This tool tells you what that means in your state — the law, your obligations, and where to go for help. Queensland-based, nationally complete.
All 9 JurisdictionsEmployer ReferenceCurated DirectoryUpdated June 2026
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Psychosocial obligations are now enforceable in every Australian jurisdiction. Victoria was the last to act — its regulations came into force December 2025. There are no more opt-outs.
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About this tool
Built by a personal injury professional with 14 years across insurers, brokers, and employers — not a lawyer. Content is AI-assisted and manually reviewed against primary legislation and regulator websites. Every obligation links to its official source so you can verify it directly. This is a reference directory, not legal advice. Always verify your specific obligations with your state regulator or a qualified WHS professional. This is a personal project and is not associated with AGL Energy or any other organisation.
Last reviewed: June 2026·Report an error·Content sourced from primary legislation and official regulator websites
Where do I start?
National Overview
How Australia's psychosocial reform landscape sits across all jurisdictions
The national framework — how we got here
Australia's psychosocial reform framework originated from the 2018 Boland Review of the model WHS Act. Safe Work Australia released model regulations and a Code of Practice in 2022. Most states adopted them through 2022–2023. Victoria, which operates under a separate OHS framework, introduced its own standalone regulations effective December 2025 — completing a national picture where every Australian employer now has enforceable psychosocial obligations. The core duty existed before these reforms; what changed is the explicit framework for identifying, assessing and controlling psychosocial risks, and the regulator machinery to enforce it.
Jurisdiction Comparison
The things that actually vary by state — at a glance
Most jurisdictions have near-identical obligations. The real differences are narrow but consequential — particularly the hierarchy of controls and prevention plan requirements. Two jurisdictions do not require the hierarchy of controls.
QLD
Queensland
Most prescriptive
Regulator: WHSQ · In force: April 2023
✓ Hierarchy required✓ Prevention planFull depth →
Documented rationale required for chosen controls. Sexual harassment prevention plan required from March 2025. Inspectors check documentation, not just policy statements.
NSW
New South Wales
Code becomes law July 2026
Regulator: SafeWork NSW · In force: August 2025
✓ Hierarchy required⚠ Code enforceable Jul 2026
From 1 July 2026, Codes of Practice become legally enforceable benchmarks under s26A. Active workplace inspections underway since mid-2025.
VIC
Victoria
Training alone won't satisfy compliance
Regulator: WorkSafe VIC · In force: December 2025
✓ Hierarchy requiredStandalone OHS Act
Operates under OHS Act 2004, not harmonised WHS. Training and information cannot be the sole or predominant control measure. Work design must be addressed.
SA
South Australia
Industrial manslaughter provisions
Regulator: SafeWork SA · In force: April 2023
✓ Hierarchy required
Industrial manslaughter laws strengthened from July 2024. Psychosocial risk exposure could contribute to manslaughter liability in serious cases.
WA
Western Australia
Hierarchy of controls NOT required
Regulator: WorkSafe WA · In force: 2022
✗ Hierarchy not required
WA and Tasmania are the only two jurisdictions where lower-order measures like EAPs may satisfy compliance without higher-order controls being required.
TAS
Tasmania
Hierarchy of controls NOT required
Regulator: WorkSafe TAS · In force: January 2023
✗ Hierarchy not required
Same position as WA on the hierarchy. Explicit bullying provisions in the 2022 Regulations. Education-focused enforcement approach.
NT
Northern Territory
Aligned with national model
Regulator: NT WorkSafe · In force: July 2023
✓ Hierarchy required
Fully aligned with the national harmonised WHS framework. Same risk management process applies to psychosocial hazards as all other hazard types.
ACT
Australian Capital Territory
Active compliance audits
Regulator: WorkSafe ACT · In force: 2022
✓ Hierarchy required
Psychosocial risk management is now standard in WorkSafe ACT compliance audits. Policies must demonstrate measurable action, not intent.
CTH
Commonwealth
Three additional hazards
Regulator: Comcare · In force: April 2023
✓ Hierarchy requiredFederal only
Applies to federal agencies and Comcare self-insurers. Code of Practice 2024 adds fatigue, intrusive surveillance, and job insecurity as named hazards.
Psychosocial Hazards
Consistent across all harmonised jurisdictions — these are what every employer must identify, assess and control
What counts as a psychosocial hazard?
A psychosocial hazard is any aspect of work design, the work environment, or workplace interactions that may cause psychological or physical harm. Employers must identify all hazards present in their workplace — not just the obvious ones. Most workplaces contain several. Hazards can accumulate at low levels over time or cause immediate harm through a single event.
Threats or acts of harm — includes client-facing roles
Bullying
Repeated unreasonable behaviour creating a risk to health
Harassment (incl. sexual)
Unwanted conduct based on protected attributes
Conflict or poor relationships
Interpersonal tension, dysfunction, or exclusion at work
Fatigue
Extended hours, shift work, insufficient recovery time
Commonwealth Code only
Intrusive surveillance
Monitoring that creates psychological harm or distress
Commonwealth Code only
Job insecurity
Uncertainty about continuity of employment
Commonwealth Code only
Purple border hazards appear in the Commonwealth Code 2024 but not separately named in most state codes. They remain relevant as aspects of work design that can cause harm.
National Resources
Free tools, assessment guides and official guidance for all employers
People at Work — Psychosocial Risk Survey
NationalAssessment
A validated, evidence-based survey jointly developed by Safe Work Australia, Comcare, and state regulators. Free for any Australian employer.
⚠️ Decommissioning 2 October 2026. If your processes rely on this tool, plan for a replacement before that date.
Safe Work Australia — Psychosocial Hazards Hub
NationalOfficial
The national body's guidance covering the model regulations, Code of Practice, and supporting resources. Primary reference for employers operating across multiple states.
Heads Up — Mentally Healthy Workplaces
NationalEmployer Resource
A Beyond Blue initiative providing practical tools and guidance for employers creating mentally healthy workplaces. Includes manager conversation guides, action plans, and industry resources.
Mentally Healthy Workplaces — Government Hub
NationalEmployer Resource
Government-backed national hub consolidating resources from Safe Work Australia, Beyond Blue, and others. Includes self-assessment tools, action plans, and industry-specific guidance for employers of all sizes.
ISO 45003:2021 — International Standard
InternationalStandard
The international standard for managing psychological health and safety within an OH&S management system. Increasingly referenced in Australian reform materials and expected in large-employer and tendering contexts.
✓ Hierarchy required✓ Prevention plan requiredRegulator: WHSQ⚠ Prevention plan deadline passed
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Overdue obligation: A documented sexual harassment and sex/gender-based harassment prevention plan was required by 1 March 2025. If not in place, this is now overdue and subject to regulatory action.
Employer Obligations
What Queensland law requires you to do
General Duty of Care — Psychological Safety
QLDLegislation
Under s19 of the WHS Act 2011 (Qld), a PCBU must ensure, so far as is reasonably practicable, the health, safety and welfare of workers. Health explicitly includes psychological health. This is the foundation of all psychosocial obligations — it predates the specific regulations and has always applied.
Psychosocial Risk Regulations — Identify, Assess and Control
QLDLegislation
Regulations 55A–55D + 55BA (unique to QLD) require PCBUs to manage psychosocial risks using the hierarchy of controls — the same process applied to physical hazards. QLD's additional Reg 55BA addresses specific controls for psychosocial hazards. Inspectors expect documented rationale for the controls chosen, not just a policy statement that controls exist.
Code of Practice — Managing Psychosocial Hazards
QLDCode of Practice
In force from 1 April 2023, this is the primary practical guide for QLD employers. It covers hazard identification, risk assessment, the hierarchy of controls, consultation obligations, and documentation requirements. Following the Code is not mandatory, but compliance with it demonstrates compliance with the WHS Act. Policies and training alone will not satisfy an inspector — documented higher-order controls are expected.
Sexual Harassment Prevention Plan — Mandatory Documentation
QLDDeadline Passed
Amended regulations (September 2024) require employers to proactively manage the risk of sexual harassment and sex or gender-based harassment. A documented prevention plan identifying specific risks, controls, timelines, responsible persons, and review dates was required by 1 March 2025. A policy statement is not sufficient — the plan must demonstrate a genuine risk management process.
Officer Due Diligence — Board and Executive Accountability
QLDLegislation
Under s27, officers of a PCBU have a personal due diligence obligation to ensure the business meets its WHS duties. This includes staying informed about psychosocial obligations, understanding the business's exposures, and verifying that appropriate resources and processes are in place. Officers can be held personally liable separate to the PCBU.
WHS and Other Legislation Amendment Act 2024
QLDLegislation
In force from 29 July 2025. Introduced further amendments to Queensland's WHS framework including changes to HSR elections and consultation obligations. WHSQ has released updated guidance materials to reflect the changes. Employers should review existing procedures against updated requirements.
Resources Industry — Separate RSHQ Obligations
QLDResources Sector
Mines and quarries in Queensland are regulated by Resources Safety and Health Queensland (RSHQ) under separate resources safety legislation. A 2025 discussion paper proposed expanded reporting obligations for traumatic events, bullying and harassment specific to the resources sector. Employers in this sector should monitor RSHQ separately to WHSQ.
QLD Resources
Queensland-specific tools and official guidance
WHSQ Psychosocial Hazards Hub
QLDOfficial
The central landing page for all WHSQ psychosocial guidance. Includes Code of Practice, updated small business guidance (August 2025), prevention plan requirements, and supporting templates. Start here for QLD-specific practical guidance.
WHSQ Psychosocial Risk Assessment Tool
QLDAssessment
A practical PDF tool to help employers assess psychosocial risks in their workplace. Aligned with the Code of Practice. Widely used as a starting point for risk assessment documentation.
View the 14 psychosocial hazards
The complete list every employer must assess — consistent across all jurisdictions
NSW
New South Wales
Code becomes legally enforceable from 1 July 2026
WHS Regulation 2025 (NSW)Regs 55A–55DIn force August 2025
Key change incoming — 1 July 2026: Under the Industrial Relations and Other Legislation Amendment Act 2025, Codes of Practice including the Managing Psychosocial Hazards Code become legally enforceable compliance benchmarks. A PCBU must either comply with the Code or demonstrate an equivalent or higher standard. Regulators won't need to prove harm occurred — falling short of the Code may constitute a breach.
Employer Obligations
What NSW law requires you to do
WHS Regulation 2025 — Psychosocial Risk Duties
Legislation
The WHS Regulation 2025 (NSW) replaced the 2017 Regulation from August 2025, consolidating psychosocial risk duties into a clearer framework. Under ss55C–55D, PCBUs must manage psychosocial risks using the hierarchy of controls — the same systematic approach applied to physical risks. Higher-order controls (work design, supervision, staffing levels, environmental adjustments) are required over policies, training, and EAPs.
Code of Practice — Managing Psychosocial Hazards at Work (NSW)
Code of Practice
NSW's Code of Practice consolidates psychosocial hazard guidance and is aligned with the 2025 Regulation. From 1 July 2026, it becomes a legally enforceable benchmark under s26A of the WHS Act. Employers who rely on an earlier version of the Code without integrating the hierarchy of controls obligations under ss55C–55D will not be compliant with current requirements.
Active Inspections — SafeWork NSW Enforcement
Enforcement
SafeWork NSW commenced active workplace inspections for psychosocial risk management from mid-2025. Inspectors are examining whether employers have identified psychosocial hazards, conducted risk assessments, and implemented controls beyond training and policy. Prohibition notices have been issued where psychosocial risks were found unmanaged. The enforcement posture is active, not advisory.
Positive Duty — Sexual Harassment (Federal)
NationalLegislation
The Respect@Work reforms (Sex Discrimination Act amendment) introduced a positive duty on all Australian employers to take reasonable and proportionate measures to eliminate sexual harassment, discrimination, and victimisation. This sits alongside WHS psychosocial obligations and is enforced by the Australian Human Rights Commission. It applies to all employers regardless of jurisdiction.
NSW Resources
SafeWork NSW tools and official guidance
SafeWork NSW — Psychosocial Hazards
Official
SafeWork NSW's central page for psychosocial guidance, including the Code of Practice, risk assessment tools, and resources for specific hazard types including bullying and sexual harassment.
View the 14 psychosocial hazards
The complete list — consistent across all jurisdictions
VIC
Victoria
Standalone OHS framework — training alone won't comply
OHS Act 2004 (Vic)OHS (Psychological Health) Regs 2025In force 1 December 2025
Key distinction: Victoria operates under the Occupational Health and Safety Act 2004, not the harmonised WHS Act. Its psychosocial obligations are structurally similar but implemented through a separate legislative framework. Multi-state employers with Victorian workers cannot assume QLD or NSW guidance fully applies.
Employer Obligations
What Victorian law requires you to do
OHS (Psychological Health) Regulations 2025
Legislation
In force from 1 December 2025, these standalone regulations create explicit psychosocial risk management obligations under the OHS Act 2004. Employers must identify hazards from work design, systems of work, and interpersonal interactions. They must assess and control identified risks, consult with workers, and review controls when circumstances change. This completed the national picture — Victoria was the last jurisdiction to act.
Training Limitation — Work Design Must Be Addressed
Key Distinction
Victoria's regulations explicitly prohibit training and information being used as the sole or predominant control measure. If training is used in combination with other controls, it must not be the predominant one. This is Victoria's most significant departure from the approach many employers take. Providing awareness training, EAP access, and policies alone does not meet the obligation — the design of work itself must be addressed.
Compliance Code: Psychological Health
Compliance Code
WorkSafe Victoria released the Compliance Code: Psychological Health in September 2025. In Victoria, compliance codes have a higher legal status than Codes of Practice in other jurisdictions — compliance with a WorkSafe Compliance Code is taken to be compliance with the underlying regulation. Employers should treat this as their primary practical reference.
Review Triggers — When You Must Reassess Controls
Obligation
Victorian regulations specify explicit triggers requiring a review of psychosocial controls: before changes to systems of work; after a notifiable incident involving psychological harm; upon request by a health and safety representative; and at any time controls are no longer adequate. These review obligations are more prescriptive than most other jurisdictions.
VIC Resources
WorkSafe Victoria tools and official guidance
WorkSafe Victoria — Psychological Health
Official
WorkSafe Victoria's central page for psychological health obligations, including the Compliance Code, regulations, and supporting guidance for employers of all sizes.
View the 14 psychosocial hazards
The complete list — consistent across all jurisdictions
SA
South Australia
Industrial manslaughter provisions strengthened
WHS Regulation (SA)Regs 55A–55DIn force April 2023
✓ Hierarchy requiredRegulator: SafeWork SA
South Australia adopted the model WHS psychosocial regulations in April 2023, with obligations aligned to the national harmonised framework. The hierarchy of controls is required. SafeWork SA's enforcement approach has been education-heavy, with a transition toward compliance campaigns through 2025–2026. Employers should not interpret the education-focused approach as reduced risk — enforcement capacity is increasing.
Legislation
WHS Regulation (SA) — Regs 55A–55D
Code of Practice
Model Code adopted
Hierarchy required
✓ Yes
Prevention plan
✗ No (separate positive duty applies)
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Industrial manslaughter laws were strengthened from July 2024. Unmanaged psychosocial risks that contribute to serious psychological harm could form part of a manslaughter liability case in extreme circumstances.
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SafeWork SA expects risk registers, consultation evidence, and documented control measures — not just awareness training or EAP provision.
Hierarchy of controls NOT required — key distinction
WHS (General) Regs 2022 (WA)Regs 55A–55DIn force 2022
✗ Hierarchy NOT requiredRegulator: WorkSafe WA
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Important for multi-state employers: WA and Tasmania are the only jurisdictions where the hierarchy of controls is not explicitly required for psychosocial risks. Lower-order measures like EAPs may satisfy compliance here where they would not in QLD, NSW, or VIC. This creates compliance complexity for employers operating across state lines.
Western Australia adopted the national model WHS laws in 2022 and incorporated psychosocial hazard provisions. Unlike most other states, WA maintains the original model WHS position — the hierarchy of controls is not explicitly required for psychosocial risks. Enforcement has been education-focused, transitioning toward compliance campaigns.
Legislation
WHS (General) Regulations 2022 (WA)
Code of Practice
Model Code adopted (2022)
Hierarchy required
✗ Not required
Prevention plan
✗ No
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The hierarchy of controls is not required in WA. Lower-order controls (policies, training, EAPs) may be sufficient for compliance here — unlike QLD, NSW, and VIC where higher-order controls are mandatory.
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Safe Work Australia has flagged this inconsistency as problematic for national harmonisation. It may change in future regulatory reviews.
✗ Hierarchy NOT requiredRegulator: WorkSafe Tasmania
Tasmania introduced its Code of Practice for Managing the Risk of Psychosocial Hazards at Work in January 2023. The 2022 Regulations updated the WHS framework to include explicit psychosocial hazard provisions. Like WA, Tasmania does not require the hierarchy of controls for psychosocial risks — the original model WHS position is maintained. Explicit bullying obligations are included in the 2022 Regulations.
Legislation
WHS Regulation 2022 (Tas)
Code of Practice
Effective January 2023
Hierarchy required
✗ Not required
Prevention plan
✗ No
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Explicit bullying obligations are included in the 2022 Regulations as a named psychosocial hazard requiring proactive management.
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Same position as WA — hierarchy not required. Enforcement is education-focused. Safe Work Australia has flagged this inconsistency in its harmonisation review.
WHS (NUL) Regulations 2011 (NT)In force 1 July 2023
✓ Hierarchy requiredRegulator: NT WorkSafe
The Northern Territory amended its Work Health and Safety (National Uniform Legislation) Regulations 2011 from 1 July 2023 to address psychosocial hazards. The changes incorporate the model WHS regulation updates. The same risk management process applies to psychosocial hazards as to all other hazard types under Part 3.1. Employers must identify psychosocial hazards, assess the risks, and implement controls using the hierarchy.
Legislation
WHS (NUL) Regulations 2011 (NT) — Regs 55A–55D
Code of Practice
Model Code adopted
Hierarchy required
✓ Yes
Prevention plan
✗ No
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NT's obligations are substantively the same as QLD, NSW, SA, ACT, and Commonwealth. The hierarchy of controls is required. Psychosocial risks are managed identically to physical risks under the framework.
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Remote and isolated work is a particularly relevant hazard in NT workplaces. Employers with remote workers should ensure this hazard is explicitly assessed and controlled.
Active compliance audits now include psychosocial checks
WHS Regulation 2011 (ACT)Regs 55A–55DIn force 2022
✓ Hierarchy requiredRegulator: WorkSafe ACT
The ACT adopted the model WHS regulations in 2022, with the hierarchy of controls required for psychosocial risk management. Psychosocial risk management is now a standard component of WorkSafe ACT compliance audits. Employers operating in the ACT — particularly those in the public sector given Canberra's employer profile — should treat psychosocial compliance as an active audit risk, not a future aspiration.
Legislation
WHS Regulation 2011 (ACT) — Regs 55A–55D
Code of Practice
Managing Psychosocial Hazards at Work — Code of Practice
Hierarchy required
✓ Yes
Prevention plan
✗ No (positive duty applies federally)
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ACT compliance audits now routinely include psychosocial risk management as a standard item. Policies must demonstrate measurable action and documented controls, not intent.
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Given the ACT's significant public sector workforce, Comcare obligations (for Commonwealth agencies) and ACT WHS obligations often apply to adjacent employers and should be understood in parallel.
Three additional hazards — federal employers and self-insurers
WHS Regulations 2011 (Cth)Regs 55A–55DCode of Practice 2024
✓ Hierarchy requiredRegulator: ComcareFederal employers only
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Who does this apply to? Comcare covers Commonwealth and ACT government agencies, statutory bodies, and companies that have elected to self-insure under the Safety, Rehabilitation and Compensation Act 1988. If your organisation is a Comcare self-insurer, these obligations apply to you regardless of which state you operate in.
The Commonwealth Code of Practice 2024 adds three psychosocial hazards not separately named in most state codes: fatigue, intrusive surveillance, and job insecurity. These hazards have always existed and were always covered by general WHS duties, but their explicit naming signals Comcare's enforcement focus. A separate Sexual and Gender-based Harassment Code of Practice 2025 applies alongside the main Code. The positive duty under the Respect@Work reforms also applies to all Commonwealth employers.
Legislation
WHS Regulations 2011 (Cth) — Regs 55A–55D
Code of Practice
Managing Psychosocial Hazards at Work 2024
Hierarchy required
✓ Yes
Additional hazards
Fatigue, intrusive surveillance, job insecurity
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The Commonwealth Code of Practice 2024 names 17 hazards versus the 14 in most state codes. Comcare self-insurers should assess all 17 explicitly in their risk management documentation.
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A separate Sexual and Gender-based Harassment Code of Practice 2025 applies alongside the main psychosocial Code. Both require documented risk management processes.
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Comcare's enforcement posture has been active for federal agencies. Psychological injury claims in the federal public sector are among the highest-cost and longest-duration claims in Australian workers' compensation.