Three years after public consultation commenced in relation to Victoria's proposed psychosocial regulations, the Victorian Government has announced that it will introduce regulations strengthening how psychosocial hazards are managed by the end of 2025.

In renewing its commitment to the proposed regulations, the Victorian Government has recognised the importance of ensuring employers identify and control psychosocial hazards in their workplaces. The changes are in response to recommendations made by the Boland Review, the Royal Commission into Victoria’s Mental Health System and the Productivity Commission Inquiry into Mental Health. The Boland Review found that more needed to be done to help duty holders meet their obligations with respect to psychological health.

It is anticipated that the proposed regulations will be made in October 2025 and anticipated to take effect on 1 December 2025. Once made, all jurisdictions in Australia will have implemented regulations directed at the management and control of psychosocial hazards.

It is unclear what the final form of the regulations will be – noting that the consultation draft included new definitions and a new chapter 5A – Psychological Health – however, the proposed regulations were designed to set out how duty holders can discharge their obligations under the Occupational Health and Safety Act 2004 (Vic) and to:

• provide clearer guidance to employers on how to identify and control risks to protect workers from psychological injury; and
• recognise that psychosocial hazards are just as harmful to employee health and safety as physical hazards.

Based on the consultation draft, the expected changes include requiring employers to:

• identify psychosocial hazards, so far as is reasonably practicable;
• eliminate any risk associated with a psychosocial hazard, so far as is reasonably practicable, or, if it is not reasonably practicable, reduce the risk so far as is reasonably practicable. For example, by altering the management of work, the plant, systems of work, work design or the workplace environment, using information, instruction or training, or a combination of any of these measures. However, an employer can only exclusively use information, instruction or training if none of the other measures are reasonably practicable. If a combination of measures are used, information, instruction or training must not be the predominant measure; and
• review and, if necessary, revise any measures implemented to control risks associated with psychosocial hazards when triggered by specific circumstances (for example, if new or additional information about a psychosocial hazard becomes available to the employer, or if an employee, or a person on behalf of an employee, reports a psychosocial injury or hazard to the employer).

The draft regulations also propose requiring employers:

• to put in place prevention plans for identified psychosocial hazards (aggression or violence, bullying, exposure to traumatic content or events, high job demands and sexual harassment); and
• if an employer is an 'applicable employer' (defined as an employer that has 50 employees or more at any point in time during the reporting period), and has received any reportable psychosocial complaint during the reporting period, to provide a written report to WorkSafe that addresses specified questions about the psychosocial complaint.

If the regulations are implemented in their current form, Victoria would join with Queensland as the only other jurisdiction requiring the preparation of written prevention plans for certain kinds of psychosocial hazards. From 1 March 2025, organisations in Queensland must prepare and implement a plan to manage identified risks to health and safety of workers or other persons from sexual harassment or sex or gender-based harassment. Access our latest insight for further information about the changes to the Work Health and Safety Regulation 2011 (Qld). While outside of Queensland and Victoria written prevention plans are not strictly required, they may still be a prudent risk management strategy for PCBUs to have in those jurisdictions.

A Compliance Code will be made to guide employers on how to meet their duties under the proposed regulations. Additional guidance will also be provided in relation to how prevention plans can help identify actions that employers can take to control psychosocial hazards.

What does your organisation need to do?

• Review your organisation's approach to managing psychosocial risks in the workplace, in light of the current guidance material and anticipated regulations (some useful information is available in the material issued by other State and Territory regulators, the information and fact sheet published by Safe Work Australia and ISO 45003: Occupational health and safety management – Psychological health and safety at work – Guidelines for managing psychosocial risks).
• Ensure workers and managers are given sufficient instruction, training and supervision on the management of psychosocial risk, and systems are established for them to report and respond to risks identified in the workplace.
• Ensure your organisation's WHS systems enable compliance with the regulator's current enforcement powers, and accommodate any changes implemented.

Please contact us to discuss how your organisation may need to consider these compliance factors.