New workplace safety laws will take effect in Victoria on 1 December, bringing the State broadly into line with New South Wales, Queensland and other jurisdictions which have also introduced new WHS laws recently.

The updated laws, which include regulations for psychosocial hazards, align with a national framework, and mean that employers across Australia will be expected to comply with more onerous laws from December.

While some States have had similar laws aligning with the national framework in place for some time, including NSW which implemented changes to its WHS Act and other relevant legislation in 2024, this means that all employers across Australia are now expected to comply with these more onerous standards, so it is a good time to brush up on what laws apply to your business.

You can find out more about the most recent changes in your State by following the links below:

• Victoria – Changes to Legislation and Psychosocial FAQs
• New South Wales
• Queensland
• South Australia
• Western Australia
• Tasmania
• Northern Territory
• Australian Capital Territory

Broadly speaking, the laws require employers to manage psychological hazards in the same way they manage physical ones. Psychosocial hazards that employers must manage include aggression or violence from any party, bullying, sexual harassment, exposure to traumatic or distressing events, gendered violence, high job demands and low job control.

This means Victorian businesses – like their interstate counterparts – must now proactively identify, assess, and control risks like bullying, stress and violence, and will be expected to review and update their policies and training to ensure compliance.

In a nutshell, the changes strengthen worker protections and enhance safety laws in the workplace, including:
• Placing psychological hazards on an equal footing with physical risks.
• Introducing new and specific duties which require employers to take reasonable steps to prevent psychological harm by actively managing psychosocial hazards.
• Mandating a risk management process whereby employers must identify psychosocial hazards, assess the risks those hazards pose and implement controls to reduce those risks, and regularly review and update control measures.
• Imposing a requirement to use ‘hierarchy of control’ measures, such as changing work design, rather than relying solely on training or information to eliminate psychosocial risks.

With a workplace safety breach leaving you open to criminal charges or, in the worst case scenario, an industrial manslaughter investigation, it’s vital you understand the new requirements and what you need to do to comply.

All employers should therefore take the time to familiarise themselves with the specific WHS legislation which applies in their State, and take a proactive approach to compliance.

This may include reviewing existing policies, procedures and risk management strategies for psychological health, training management and staff on the new requirements, and ensuring you have systems in place to capture and manage data related to psychosocial risk, such as incident reports or staff surveys.