NSW WHS Legislation Update: Managing Psychosocial Hazards

The Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 (NSW) allows unions to commence civil penalty proceedings under the Work Health and Safety Act 2011 (NSW) from 1 March 2026, increasing the chances of litigation related to psychosocial hazards where systems don't clearly show risk identification, assessment, and control. Employers must have a justifiable, systematic strategy, conduct official psychosocial hazard risk assessments, and develop practical control measures.