Victoria’s New Psychosocial Health Rules in Force

Victoria’s approach to workplace safety has just entered a new era where psychological health risks are no longer secondary but part of enforceable legal duties for employers.

Victoria’s Occupational Health and Safety (Psychological Health) Regulations 2025 began on 01 Dec 25 under the OHS Act 2004. These Regulations place positive duties on employers to identify, assess and control psychosocial hazards in workplaces with the same rigour now expected for physical hazards. 

The matching WorkSafe Psychological Health Compliance Code (Edition 1, Sept 25) guides duty holders on how to meet those obligations. Complying with the Code generally means an employer will be taken to have complied with their legal duties, and failure to observe the Code may be used as evidence in enforcement actions under the OHS Act or Regulations. The Code explains key concepts such as psychosocial hazards (including bullying, harassment, exposure to traumatic events, poor job design or culture) and outlines the risk management process employers must follow, including consultation and review.

WorkSafe’s guidance hub highlights obligations to identify hazards, control risks and review controls, and offers support tools for businesses during the compliance transition.

This regulatory shift has real enforcement implications, not just guidance. On 22 Jan 26, WorkSafe charged St Vincent’s Hospital (Melbourne) Limited with two offences under section 23(1) of the OHS Act after a patient died by suicide while in its care. The charges allege the hospital failed to ensure, so far as was reasonably practicable, that persons other than employees were not exposed to health and safety risks. The case is set for a filing hearing at the Melbourne Magistrates’ Court on 17 Feb 26.

This step signals that inspectors will treat failures in mental‑health risk management seriously, especially where harm has occurred, and that psychological hazards are now squarely in the scope of regulatory action.