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Addressing Changes to Mental Health Legislation

Psychosocial hazard laws are changing across Australia. Learn what employers need to know and how to proactively manage mental health risks at work.

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Updated 28 October 2026. This post was first published in May 2023, when Victoria was still proposing its regulations. The Occupational Health and Safety Amendment (Psychological Health) Regulations 2025 have now been in force since 1 December 2025. Victorian employers must identify psychosocial hazards and eliminate or reduce the risks they create, so far as is reasonably practicable. See WorkSafe Victoria for current guidance.

At EMP Onsite, we know the impact of work on individuals' mental well-being is significant, and how crucial it is for employers to prioritise mental health in the workplace. There are various workplace elements that can negatively affect the wellbeing of employees causing lasting injury, yet they often go unnoticed.

In the past, mental well-being was encompassed within the broader health and safety framework as a "duty of care." However, in numerous states, it is now specifically designated as the employer's responsibility. Throughout Australia, state and territory governments are amending their Occupational Health and Safety (OHS) regulations to align with the code of practice set forth by Safe Work Australia in 2022.

So far the Commonwealth, New South Wales, Queensland, Tasmania and Western Australia have already adopted these regulations on managing psychosocial risks, with Victoria following in December 2025. These regulations outline the necessary steps employers must take to create an action plan to proactively identify and address psychosocial hazards.

The good news is that workplaces can act today. With a history of providing clinical interventions in the workplace, EMP Onsite mental health programs can help employers address psychosocial risk and save money at the same time by reducing the incidence, severity and duration of psychosocial workplace injuries. Learn more about how EMP Onsite can help your workplace.

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