New psychological health regulations came into effect in Victoria on 1 December, which outline obligations for Victorian employers to address psychosocial hazards in the workplace.
The regulations provide detailed requirements for identifying, assessing and managing risks that may affect employees’ psychological health.
The incidence, cost and duration of mental injury claims have been steadily rising over the past decade.
The financial and personal cost of mental health injuries is huge – for individuals, workplaces, organisations and the community.
Frequently asked questions
What are psychosocial hazards?
Psychosocial hazards can include bullying, high job demands, poor support, and unclear roles, and these can impact the wellbeing of your people and the success of your business.
What is required of employers?
From 1 December 2025, employers in Victoria must:
- Identify psychosocial hazards in the workplace.
- Assess the risks associated with those hazards.
- Control those risks by eliminating or reducing them, so far as reasonably practicable.
- Review and revise risk control measures as required.
Employers must also consult with employees, health and safety representatives (HSRs), and contractors (where applicable) about psychosocial hazards and how they are managed.
Where it is not possible to eliminate risks, employers are expected to reduce them through changes to work design, systems of work, management of work or the physical workplace. Training and instruction can be part of the response but cannot be relied upon as the primary control.
Do this regulations align with other jurisdictions?
Victoria is not harmonised with the model Work Health and Safety laws in place in other states and territories.
The Victorian regulations are not identical to wording used in model law jurisdictions, but the overall Victorian approach is consistent with that in other Australian jurisdictions.
Do the regulations impact claims eligibility?
No. The regulations will not impact eligibility for workers compensation, which is regulated by the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act).
As with physical injuries, we need to take a holistic view when it comes to mental health. Whether or not a mental injury is compensable under workers compensation, it still affects the workplace - through absenteeism, lost productivity, and the overall wellbeing of teams. A claim may be rejected, but there’s still a risk for employers under the psychological health regulations.
Further information and resources to help
- WorkSafe Victoria has frequently asked questions about the new regulations and tools and resources.
- EML has supported the Victorian Chamber to develop a psychosocial health hub featuring an innovative self-assessment tool, and the Mental Health Comply program to help employers understand their obligations and what to do to comply with the new regulations.
- EML has a dedicated mental health resources centre to support workers and employers to be their mental best.
