Back to November 2022 News Update

Safe Work Australia recently published new model WHS Regulations on psychosocial risks and a new model Code of Practice: Managing psychosocial hazards at work (model Code).

The model WHS laws have always applied to psychosocial risks. The model WHS Act defines ‘health’ to include both physical and psychological health, meaning all the broader health and safety duties in the model WHS laws also apply to psychological health and safety. But the model WHS laws didn’t previously deal expressly with how to identify and control psychosocial risks.

One of the key issues raised during the 2018 Review of the model WHS laws was that the model WHS laws did not say enough about psychological health and safety and this was leading to uncertainty about how to best address psychosocial risks at work. Commonwealth, state and territory WHS ministers agreed to amend the model WHS Regulations to add new provisions on psychosocial risks. These new regulations provide clarity on what businesses (PCBUs) have always needed to do to control psychosocial risks to ensure and protect mental health.

The model Code supports the new model WHS Regulations and provides practical guidance on how to manage psychosocial risks. It was developed with Safe Work Australia’s Mental Health Advisory Group which brought together mental health experts representing all of Safe Work Australia’s Members. The model Code covers what psychosocial hazards are and how to apply the risks management process. It also provides examples of what these hazards might look like in the workplace and what PCBUs can do to control them.

The new regulations for psychosocial risks and the model Code need to be implemented by the Commonwealth, states and territories before they apply in that jurisdiction. Your WHS regulator can provide more information.