Requirements by state · Reviewed July 2026

Psychosocial compliance requirements in every Australian jurisdiction

Psychosocial hazard obligations are in force in every Australian state and territory — but they are not identical. Definitions, codes of practice, hazard lists and enforcement postures differ, and if you operate across borders, those differences are your problem. Here's what applies where, and what inspectors focus on.

Recent & notable changes

  • NSW — 1 July 2026: section 26A of the WHS Act commenced. Approved codes of practice, including the psychosocial code, are now enforceable benchmarks: comply, or demonstrate an equivalent or higher standard.
  • Victoria — 1 December 2025: the Occupational Health and Safety (Psychological Health) Regulations 2025 commenced, with no transitional period.
  • Queensland — 1 March 2025: written sexual harassment prevention plans became mandatory wherever a risk of sexual or sex/gender-based harassment is identified.

New South Wales

SafeWork NSW · WHS Act 2011 (NSW) · WHS Regulation 2025

What's in force

Psychosocial duties have applied in NSW since October 2022 and now sit in the WHS Regulation 2025 (commenced 22 August 2025), which explicitly requires psychosocial risks to be managed using the hierarchy of controls. The Managing Psychosocial Hazards at Work Code of Practice (2021) is the approved code.

From 1 July 2026, section 26A of the WHS Act gives that code enforceable status: a business must follow it or demonstrate an equivalent or higher standard — with evidence. The regulator does not need to prove harm occurred; falling short of the code can itself ground a breach.

What inspectors focus on

  • Controls mapped section-by-section to the code, or a documented case that your approach is equal or better
  • Higher-order controls considered before training and policies
  • Consultation, review and record-keeping that can be produced on request
SafeWork NSW has expanded its psychosocial inspectorate, and registered organisations can now bring their own WHS civil penalty proceedings — the pool of people who can test your evidence has grown.

Victoria

WorkSafe Victoria · OHS Act 2004 (Vic) · OHS (Psychological Health) Regulations 2025

What's in force

Victoria sits outside the model WHS laws and built its own framework. The Psychological Health Regulations commenced on 1 December 2025 with no transitional period, supported by the Compliance Code: Psychological Health (Edition 1, September 2025).

Victoria's definition of a psychosocial hazard is broader than the model law — it extends to personal interactions and a wide range of psychological responses — and it explicitly lists gendered violence as a hazard in its own right.

What inspectors focus on

  • The modified hierarchy: eliminate first, then alter the work, systems, design or environment
  • Training and information used only as supporting measures — they cannot be the predominant control
  • Consultation with health and safety representatives, including when reviewing controls
If your national framework was built on the model WHS definition, it may not fully cover Victoria. The broader definition and the gendered violence hazard need to be addressed specifically.

Queensland

WHSQ · WHS Act 2011 (Qld) · Psychosocial Risks Amendment Regulation 2022

What's in force

Queensland moved early: the Managing the Risk of Psychosocial Hazards at Work Code of Practice 2022 commenced on 1 April 2023, and Queensland has required code compliance (or an equivalent or better standard) since 2018 — the model NSW has now followed.

From 1 September 2024, PCBUs must proactively identify risks of sexual harassment and sex or gender-based harassment. From 1 March 2025, wherever such a risk is identified, a written prevention plan is mandatory — covering the risks, the controls, how control decisions were made, and the reporting procedure.

What inspectors focus on

  • The written sexual harassment prevention plan: current, accessible, implemented, and known to workers
  • The highest reasonably practicable control applied — not a default to training
  • Review triggers honoured: after reports, on request, and on schedule
The prevention plan is effectively universal — it's hard to argue no risk of sexual harassment exists in any workplace. A missing or shelf-bound plan is one of the most visible gaps an inspector can find.

Western Australia

WorkSafe WA · WHS Act 2020 (WA) · WHS (General) Regulations 2022

What's in force

WA adopted the national model laws in 2022 and issued one of the earliest psychosocial codes: the Code of Practice — Psychosocial Hazards in the Workplace took effect on 11 February 2022.

Uniquely, WA runs a three-code structure: the general psychosocial code sits alongside companion codes on Workplace Behaviour and on Violence and Aggression at Work, giving more granular expectations for those hazard categories.

What inspectors focus on

  • Psychosocial controls integrated into your existing safety management system, not a standalone program
  • Coverage across all three codes where the hazards apply
  • Early identification of risks from traumatic events, aggressive clients, and remote or isolated work
Three codes means three benchmarks. Evidence mapped only to the general code can leave behaviour and violence/aggression expectations unaddressed.

South Australia

SafeWork SA · WHS Act 2012 (SA) · Psychosocial Risks Amendment Regulations 2023

What's in force

SA adopted the model psychosocial regulations with effect from 25 December 2023, supported by an approved code of practice on managing psychosocial hazards. The framework closely tracks the national model: identify hazards, assess risk, control with regard to the required matters, and review.

What inspectors focus on

  • Risk assessments that address duration, frequency and severity of exposure
  • How multiple hazards interact — an emphasis in the SA regulations
  • Controls informed by work design and systems of work, not just conduct policies
Hazard interaction is the SA wrinkle: a register that scores each hazard in isolation, without addressing combined exposure, misses something the regulations specifically call out.

Tasmania

WorkSafe Tasmania · WHS Act 2012 (Tas) · WHS Regulations 2022

What's in force

Tasmania amended its regulations to include psychosocial provisions from 30 November 2022, with the approved Managing Psychosocial Hazards at Work code taking effect on 4 January 2023 — closely following the national model.

What inspectors focus on

  • Proactive identification of high job demands and fatigue
  • Risks from remote work and isolation
  • A documented risk management process matching the code's structure
Tasmania's regulator has been vocal about the growth in mental health injuries and leans on education plus enforcement — a documented, current register is the expected baseline.

Australian Capital Territory

WorkSafe ACT · WHS Act 2011 (ACT) · WHS Amendment Regulation 2023

What's in force

The ACT adopted its psychosocial regulations through the 2023 amendment, with the approved Managing Psychosocial Hazards at Work code commencing 27 November 2023.

What inspectors focus on

  • Documentation that stands up in a proactive inspection, not just after an incident
  • The model code's risk management cycle, evidenced end to end
WorkSafe ACT has run a dedicated psychosocial strategy with targeted inspections — expect proactive engagement, not only reactive enforcement.

Northern Territory

NT WorkSafe · WHS (National Uniform Legislation) Act 2011 · Regulations amended 2023

What's in force

The NT's psychosocial provisions took effect on 1 July 2023, aligning closely with the model WHS regulations: psychosocial hazards and risks are defined in the regulations and must be managed through the same risk management process as physical hazards.

What inspectors focus on

  • The standard risk management cycle, documented
  • Hazards specific to remote and isolated work, including FIFO arrangements
Geography is the NT's defining exposure — isolation, distance and FIFO patterns should be visible in the risk register, not treated as background conditions.

Commonwealth (Comcare)

Comcare · WHS Act 2011 (Cth) · Managing Psychosocial Hazards at Work Code of Practice 2024

What's in force

The Commonwealth jurisdiction covers APS agencies, Commonwealth authorities and certain national employers. Amended regulations took effect on 1 April 2023, and the Commonwealth code of practice was approved in 2024.

The Commonwealth code lists 17 psychosocial hazards — the model set plus fatigue, intrusive surveillance and job insecurity — the most comprehensive enumerated list in the country.

What inspectors focus on

  • Coverage of all 17 listed hazards, not just the model 14
  • The hierarchy of controls and the required matters when selecting controls
  • Review triggers: control failure, new hazards, workplace change, consultation outcomes
Comcare runs a structured psychosocial inspection program — inspection is not a hypothetical in this jurisdiction, it's a scheduled process.

Operating in more than one state? This is exactly the problem RiskProof exists to solve.

RiskProof scores your documents against each jurisdiction you select — Victoria's broader definitions, Queensland's prevention plan requirement, the Commonwealth's 17-hazard list — with the Commonwealth layer always active. One evidence base, measured against every rulebook that applies to you.

This page provides general information about work health and safety requirements, reviewed July 2026. It is not legal advice, and requirements may change. Consult the relevant regulator's current codes and guidance, or a qualified advisor, for your specific circumstances.

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