The common framework — what applies everywhere
Six Australian states and the Commonwealth have adopted the model Work Health and Safety laws. Victoria has its own OHS Act but achieves equivalent outcomes. In practice, the psychosocial risk management obligations are materially consistent across all jurisdictions — the variation is in emphasis, supplementary guidance, and enforcement intensity.
The duty
Employers must eliminate psychosocial hazards, or where elimination is not reasonably practicable, minimise risks. The duty applies to all workplaces covered by model WHS laws (and equivalently in Vic under the OHS Act).
What counts as a psychosocial hazard
The model WHS Regulations (reg 55A) and Safe Work Australia Code list 17 psychosocial hazard categories: high job demands, low job control, poor support, lack of role clarity, poor organisational change management, inadequate recognition, poor organisational justice, poor workplace relationships, remote or isolated work, violent or traumatic events, harassment including sexual harassment, and more.
The Code of Practice
Safe Work Australia's Code of Practice: Managing Psychosocial Hazards at Work (2022) is approved under model WHS laws in most jurisdictions. It does not create additional legal obligations — but failing to follow it means an employer must demonstrate an equally or more protective alternative approach to satisfy the regulator.
What regulators look for
At inspection, regulators look for: documented hazard identification (survey data or consultation records), risk assessment against control hierarchy, implemented controls with evidence, and a review mechanism. An EAP alone does not satisfy these requirements — it is a tertiary control, not a hazard elimination strategy.
ISO 45003 alignment
ISO 45003:2021 provides the four-phase framework (Identify → Assess → Control → Review) that maps directly onto the SWA Code requirements. Employers who implement an ISO 45003-aligned program — with a validated survey instrument, documented controls, and longitudinal monitoring — can demonstrate compliance systematically rather than on a case-by-case basis.
Jurisdiction-by-jurisdiction breakdown
Queensland
Work Health and Safety Act 2011 (Qld) · WHS Regulation 2011 (reg 55A)
Regulator: WorkSafe Queensland
⚠ PAW survey decommissioned 2 October 2026. Employers using PAW must transition to a validated replacement before this date.
- ›Model WHS laws fully adopted — reg 55A psychosocial hazard obligations apply
- ›SWA Code of Practice: Managing Psychosocial Hazards at Work (2022) has approved status
- ›People at Work (PAW) survey decommissioned 2 October 2026 — transition required
- ›WorkCover Queensland — psychological injury claims subject to increased scrutiny of risk management evidence
- ›Additional psychosocial guidance: 'Mentally healthy workplaces toolkit' (WorkSafe Qld)
Victoria
Occupational Health and Safety Act 2004 (Vic) · OHS Regulations 2017
Regulator: WorkSafe Victoria
- ›Victoria has NOT adopted model WHS laws — operates under the OHS Act 2004
- ›Psychosocial hazard obligations flow from the general duty of care provisions of the OHS Act
- ›WorkSafe Victoria issued the 'Preventing and managing work-related stress' compliance code (2022) — compliance code status means following it is a defence against prosecution
- ›ISO 45003 is referenced in WorkSafe guidance as the expected framework
- ›Psychological injury claims under WorkSafe Vic among the highest median cost in Australia
New South Wales
Work Health and Safety Act 2011 (NSW) · WHS Regulation 2017 (reg 55A)
Regulator: SafeWork NSW
- ›Model WHS laws adopted — reg 55A psychosocial hazard obligations apply
- ›SWA Code of Practice approved in NSW
- ›SafeWork NSW issued 'Managing the risk of psychosocial hazards at work' guidance (2023)
- ›SIRA (State Insurance Regulatory Authority) applying increased scrutiny to employer psychosocial risk management at claim lodgement
- ›icare psychological injury program has specific employer obligations for larger organisations
Western Australia
Work Health and Safety Act 2020 (WA) · WHS Regulations 2022 (reg 55A)
Regulator: WorkSafe Western Australia
- ›WA adopted model WHS laws in 2022 — later than most other states
- ›Reg 55A psychosocial hazard obligations now apply; transition enforcement period ended 2024
- ›WorkSafe WA is actively conducting psychosocial risk inspections in mining, construction, and health sectors
- ›Resources and construction sector employers face dual obligations: WHS Act + principal contractor requirements
- ›Workers Compensation and Injury Management Act obligations for psychological injury management
South Australia
Work Health and Safety Act 2012 (SA) · WHS Regulations 2012 (reg 55A)
Regulator: SafeWork SA
- ›Model WHS laws adopted — reg 55A applies
- ›SWA Code of Practice approved in SA
- ›ReturnToWorkSA applies increased scrutiny to psychological injury claims where employer risk management is absent
- ›SafeWork SA has issued supplementary psychosocial guidance for healthcare and community services sectors
Commonwealth (Federal)
Work Health and Safety Act 2011 (Cth) · WHS Regulations 2011
Regulator: Comcare
- ›Applies to Commonwealth government entities, corporations with Commonwealth licence, and self-insurers
- ›Model WHS laws — reg 55A psychosocial hazard obligations apply
- ›Comcare has issued 'Guide to preventing and managing psychosocial hazards' (2023)
- ›Commonwealth Seacare and military also have specific frameworks — consult Comcare directly
Transition deadline
People at Work (PAW) decommissioned 2 October 2026
WorkSafe Queensland is retiring the PAW psychosocial survey tool on 2 October 2026. PAW has been used across multiple Australian jurisdictions. Employers relying on PAW for their ISO 45003 psychosocial risk assessment must transition to a validated replacement before this date — or their program evidence base disappears.
COPSOQ III with Rahimi et al. (2025) Australian benchmarks is the leading validated replacement — the only ANZ psychosocial instrument with published Australian-specific norms across 13 ANZSIC sectors and 26 psychosocial domains. OccuSpan is Australia's post-PAW psychosocial risk platform.
Read the full PAW transition guide →What regulators expect you to have on file
Across all jurisdictions, a defensible psychosocial risk management program needs the following documentation. If a notifiable incident involving psychological injury occurs, or if the regulator requests evidence of your program, these are what an inspector will ask for.
- 1
Hazard identification records
Survey data (preferably COPSOQ III with ANZ benchmarks), consultation records, or structured risk identification reports. Must be role-level — a generic workforce survey without role or department breakdown does not meet the identification standard.
- 2
Risk assessment
Prioritised list of identified hazards with likelihood and consequence ratings. Must reference the 17 SWA hazard categories. Cannot be a tick-box — must show analysis.
- 3
Control measures implemented
Documented controls mapped to the hierarchy: elimination and substitution first, then engineering, administrative, and EAP/support last. Each control needs an owner and a review date.
- 4
Review mechanism
How you monitor effectiveness — re-survey at 12–18 months, incident review, consultation outcomes. ISO 45003 requires a review phase; SWA Code requires it; regulators expect it.
- 5
ISO 45003 program documentation
If you are using ISO 45003 as your framework — which is now expected — the four-phase cycle document, instrument selection rationale, and intervention records form the core of your defensible program.
Frequently asked questions
Which Australian states have specific psychosocial hazard regulations?
All Australian states and territories that have adopted the model WHS laws include psychosocial hazard obligations under the model WHS Regulations (reg 55A). Victoria (OHS Act 2004 / OHS Regulations 2017) has its own parallel framework but achieves similar outcomes. Safe Work Australia's Code of Practice: Managing Psychosocial Hazards at Work (2022) applies in all model law jurisdictions. Some states — particularly Queensland and New South Wales — have issued supplementary guidance material.
Does ISO 45003 have legal force in Australia?
ISO 45003:2021 is a voluntary international standard — it does not have direct legislative force. However, Australian WHS regulators increasingly reference it as the expected framework for documenting a psychosocial risk management program. Employers who can demonstrate ISO 45003-aligned practice — four-phase cycle, documented controls, validated survey instrument, longitudinal monitoring — are in a substantially stronger position at inspection or following a notifiable incident involving psychological injury.
What is the People at Work (PAW) survey and when is it being decommissioned?
People at Work (PAW) is a psychosocial risk survey tool developed by WorkSafe Queensland, and used across several Australian jurisdictions. WorkSafe Queensland has confirmed PAW will be decommissioned on 2 October 2026. Employers currently using PAW need to transition to a validated replacement before this date. COPSOQ III with Rahimi et al. (2025) Australian benchmarks is the leading validated alternative — it covers all 17 SWA psychosocial hazard categories and is aligned with ISO 45003.
Are psychological injury workers compensation claims on the rise in Australia?
Yes. Psychological injury claims are the fastest-growing category in Australian workers compensation, with median claim costs significantly higher than physical injury claims in all jurisdictions. State-based workers compensation schemes (WorkCover Qld, WorkSafe Vic, SIRA NSW, WorkCover WA) are all applying increased scrutiny to employer psychosocial risk management practices when processing psychological injury claims.
OccuSpan Psychosocial Risk
Build a defensible program across every jurisdiction
OccuSpan deploys COPSOQ III with Rahimi et al. (2025) Australian benchmarks, generates ISO 45003-aligned program documentation, and produces the hazard identification, risk assessment, and control records your regulator expects to see.
See the psychosocial risk platform