Victoria tightens mental health safety laws

Experts say the changes make Victoria's approach more prescriptive than the national model

Victoria tightens mental health safety laws

Life & Health

By Jonalyn Cueto

Victoria is set to implement new workplace laws aimed at protecting employees’ mental health, with the Occupational Health and Safety (Psychological Health) Regulations 2025 taking effect on Dec. 1.

WorkSafe Victoria released the regulations on Sept. 30, marking a shift in how psychological risks are addressed in workplaces. The accompanying Compliance Code: Psychological Health will guide organisations on meeting obligations under both the Occupational Health and Safety Act 2004 (OHS Act) and the new rules.

Lockton’s head of work health and safety Kristy Nicholson said the new framework establishes “a clear and enforceable framework for managing psychosocial risks in Victorian workplaces.”

Stronger duties for employers

Under the new regulations, employers must identify psychosocial hazards, implement effective controls, and continuously review them. Hazards may stem from poor management practices, unclear work design, or environmental factors such as excessive noise or inadequate security.

Where possible, psychological risks must be eliminated. If not reasonably practicable, businesses are required to reduce risks by altering work systems, management practices, or environments. Training or awareness programs can only be used as supplementary controls, not as primary measures, unless no better option exists.

“This provision places a clear and enforceable obligation on employers to prioritise risk controls that address the source of the hazard,” Nicholson said.

The new Compliance Code details the documentation and procedures employers must follow. It mandates regular reviews of risk controls, particularly after workplace changes, incidents, or psychological injury reports.

Employers must maintain detailed records of prevention plans, consultations, and control measures. Large organisations and those in high-risk industries face heightened responsibilities, including formal systems for reporting psychosocial hazards separate from physical ones.

According to WorkSafe Victoria, employers should begin reviewing their existing safety systems and close compliance gaps before December. Guidance and templates are available through the regulator’s website.

Lockton advised businesses to conduct gap analyses, update policies, and embed review mechanisms into incident reporting. “Organisations must demonstrate not only that risks are being managed, but also that controls are being actively reassessed and updated,” Nicholson said.

What are your thoughts on the new requirements? Share your insights in the comments below.

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