Psychosocial Legislation By Jurisdiction
A single-page reference comparing the operative instruments — regulator, Act, Regulation, Code of Practice, hierarchy of controls status, and notable obligations — across every Australian jurisdiction including the Commonwealth (Comcare).
Legislative Framework by Jurisdiction
Regulator, Code of Practice, hierarchy of controls status, and notable obligations across every Australian jurisdiction as at April 2026. Commonwealth (Comcare) appears first — it supersedes state codes for all Commonwealth agencies and self-insured national corporations.
This content is for general information only and does not constitute legal advice. Refer to your WHS regulator or qualified legal advisor for advice specific to your circumstances.
| Jurisdiction | Regulator | Primary Act | Regulation (psychosocial) | Code of Practice | Hierarchy of Controls | Notable jurisdiction-specific obligations |
|---|---|---|---|---|---|---|
Cth Commonwealth (Comcare) | Comcare | WHS Act 2011 (Cth) | WHS Regulations 2011, regs 55A–55D | Managing Psychosocial Hazards at Work Code of Practice 2024 | Yes | Applies to all Commonwealth agencies, self-insured national corporations regardless of state location. Three additional named hazards vs model code: Fatigue, Job Insecurity, Intrusive Surveillance. New Sexual and Gender-based Harassment Code of Practice 2025 also in force. |
QLD Queensland | WHSQ (Workplace Health and Safety Queensland) | WHS Act 2011 (Qld) | WHS Regulation 2011, regs 55A–55D + 55BA | Managing the Risk of Psychosocial Hazards at Work Code of Practice 2022 (Qld) | Yes — reg 55BA extends reg 36 hierarchy to psychosocial risks | Written prevention plan for sexual harassment and sex/gender-based harassment mandatory from 1 March 2025 (reg 55BA). WHSQ Psychological Health Unit conducts targeted enforcement. |
NSW New South Wales | SafeWork NSW | WHS Act 2011 (NSW) | WHS Regulation 2025 (replaced 2017 Regulation) | Code of Practice: Managing Psychosocial Hazards at Work | Yes — WHS Regulation 2025 mandates hierarchy for psychosocial risks | WHS Regulation 2025 commenced 2025. SafeWork NSW Psychological Health and Safety Strategy 2024–2026 signals active enforcement shift. First prosecution for psychosocial hazards (poor organisational justice) in 2023. |
VIC Victoria | WorkSafe Victoria | OHS Act 2004 (Vic) | OHS (Psychological Health) Regulations 2025 (commenced 1 December 2025) | Compliance Code: Psychological Health (September 2025) | Not specified as hierarchy — but training/instruction cannot be the only control measure | Separate non-harmonised framework. Training alone is explicitly insufficient as a control measure. Employers with 50+ employees who receive reportable psychosocial complaints must submit written report to WorkSafe. Victoria module required — separate from all other jurisdictions. |
WA Western Australia | WorkSafe WA (WorkSafe Commissioner) | WHS Act 2020 (WA) | WHS (General) Regulations 2022, regs 55A–55D | Code of Practice: Psychosocial Hazards in the Workplace 2022 (WA) — WA's own instrument, not the SWA model code | No — reg 36 hierarchy excluded from psychosocial regs | WA has its own code, not the SWA model. Additional codes: Violence and Aggression at Work, Bullying at Work, FIFO Mentally Healthy Workplaces (under review). Mining sector: WHS (Mines) Regulations 2022 apply, with WorkSafe Mines Safety inspectors and Wellbeing Inspectors of Mines. |
SA South Australia | SafeWork SA | WHS Act 2012 (SA) | WHS Regulations 2012 (amended) | SWA Model Code of Practice: Managing Psychosocial Hazards at Work (adopted) | No — reg 36 excluded | SafeWork SA enforcement focus on risk registers, HSR consultation evidence, and communication of controls. Education-led but transitioning to compliance campaigns. |
TAS Tasmania | WorkSafe Tasmania | WHS Act 2012 (Tas) | WHS Regulations 2022 | SWA Model Code of Practice (adopted January 2023) | No — reg 36 excluded | Follows model WHS amendments closely. Model code is operative. |
ACT ACT | WorkSafe ACT | WHS Act 2011 (ACT) | WHS Regulation 2011, regs 55A–55D | Managing Psychosocial Hazards at Work Code of Practice (approved 27 November 2023) | No — reg 36 excluded | Psychosocial risk now part of standard compliance audits. |
NT Northern Territory | NT WorkSafe | WHS (NUL) Act 2011 (NT) | WHS (NUL) Regulations 2011 (amended, commenced 1 July 2023) | SWA Model Code of Practice (adopted) | No — reg 36 excluded | Follows model WHS amendments. |
Commonwealth vs State
If your employer is a Commonwealth agency, federal department, or self-insured national corporation, the Commonwealth 2024 Code applies regardless of which state your workplace is in. For all other employers, the code of practice for the state where work is performed is operative. When in doubt, check with your WHS insurer or legal advisor.
The Hierarchy of Controls split
Queensland, NSW, and the Commonwealth require PCBUs to apply the hierarchy of controls to psychosocial risks. Western Australia, South Australia, Tasmania, ACT, and the NT do not impose this as a legal requirement, though it remains best practice. Victoria explicitly expects training to not be the only control measure.
Queensland's prevention plan
From 1 March 2025, Queensland PCBUs must prepare and implement a written plan to manage identified psychosocial risks from sexual harassment and sex or gender-based harassment. This is the most specific new obligation in any jurisdiction and is currently enforceable.
The 2022–2025 Shift
The regulatory shift from 2022–2025 moved psychosocial safety from a general duty to specific prescribed obligations in every Australian jurisdiction. The requirements vary materially between jurisdictions on hierarchy of controls, written documentation obligations, and sector-specific instruments. This page reflects the current position as at April 2026.
Sector-specific overlays
These apply on top of the operative state or territory code — not instead of it.
| Sector | Overlay type | Instruments | Regulator | Key notes |
|---|---|---|---|---|
| WA Mining | Mining overlay | WHS (Mines) Regs 2022 (WA) + WA state codes + FIFO Code of Practice | WorkSafe Commissioner + WorkSafe Mines Safety | Dual regulatory oversight: WorkSafe Commissioner + WorkSafe Mines Safety inspectors. Wellbeing Inspectors of Mines active since 2020. FIFO Code of Practice under review for alignment. Hierarchy not mandatory but enforced in practice. |
| QLD Mining / Resources | Mining overlay | Mines Safety Act + WHS Act (Qld) | Resources Safety & Health Queensland (RSHQ) Not WHSQ | Separate regulator: RSHQ, not WHSQ. QLD 2022 Code applies but enforcement is through RSHQ inspectors. Prevention plan obligation from 1 March 2025 applies here too. |
| Commonwealth agencies (any state) | 2024 Code | WHS Act 2011 (Cth) regardless of location | Comcare | If the employer is a Commonwealth entity — APS agency, defence, Australia Post, NBN — the 2024 federal Code applies regardless of which state the workplace is physically in. State code does NOT apply. |