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Psychological Health Laws Are Changing. Is Your Workplace Ready?


Employees engaged in a workplace mental health training session—building psychologically safe and legally compliant workplaces ahead of Victoria’s new WHS laws effective December 1st, 2025.

Employees engaged in a workplace mental health training session, building psychologically safe and legally compliant workplaces ahead of Victoria’s new WHS laws effective December 1st, 2025.

On December 1st, 2025, a major shift will take place in Victorian workplaces. New regulations under the Occupational Health and Safety Act will make it a legal requirement for employers to manage psychological health in the same way they manage physical risks.

This means burnout, chronic stress, bullying, and other psychosocial hazards can no longer be brushed off as “just part of the job.” Employers will be expected to identify, control, and prevent these risks. Failing to do so could result in serious legal and financial consequences.

If you are an HR professional, business owner, or team leader, now is the time to prepare.


What’s Changing on December 1st?

According to WorkSafe Victoria, these changes reflect a growing emphasis on treating mental health risks with the same level of attention and responsibility as physical hazards. You can view the full guidance and legal update on their official website: https://www.worksafe.vic.gov.au/occupational-health-and-safety-psychological-health-regulations

WorkSafe Victoria's new Psychological Health Regulations come into effect on December 1st, 2025. These regulations place psychosocial hazards on the same legal footing as physical hazards.

Employers will be required to:

  • Identify risks to psychological health (e.g. unreasonable workloads, poor leadership, unclear roles)

  • Implement risk control measures

  • Review those measures to ensure they are effective

  • Consult with employees throughout the process

The aim is to build safer, healthier, and more accountable workplaces.


Why This Matters

Mental injury claims are rising across all industries. Workers are speaking up, and regulators are watching closely.

These changes are not about ticking boxes. They are about prevention. A mentally safe workplace is not just a legal requirement. It is a leadership standard, a cultural priority, and a vital part of retention and team wellbeing.


What Role Does Mental Health First Aid Play?

While Mental Health First Aid (MHFA) is not a legal requirement, it is a powerful tool to help meet your duty of care under the new regulations. MHFA training equips staff to:

  • Recognise early signs of mental health concerns

  • Respond appropriately and safely

  • Reduce stigma and normalise support conversations

It also helps organisations shift from a reactive approach to a truly proactive one. We want to create a culture that takes action before issues escalate. That means recognising risk and offering support before situations become burnout, formal complaints, or psychological injury claims. MHFA-trained staff become early responders, people who notice when something is off, take steps to check in, and connect others to appropriate support.

Training key staff as Mental Health First Aiders demonstrates to your workforce that your commitment to mental health goes beyond posters in the lunchroom. It is action-based, visible support.


Expanded Legal and Strategic Context

While the final regulations will take effect on December 1st, 2025, Victoria’s approach is broader and more detailed than in other Australian jurisdictions. Although employers will not be legally required to submit formal reports or prevention plans, those with more than 50 employees are encouraged to implement systems for monitoring and addressing psychosocial risks.

These reforms are based on extensive national and state-level investigations, including:

  • The Boland Review of the model Work Health and Safety laws

  • The Royal Commission into Victoria’s Mental Health System

  • The Productivity Commission’s Inquiry into Mental Health

Each of these highlighted the need for systemic, preventative, and legally enforceable protections for psychological health in the workplace.


Psychosocial Safety Climate: Why Culture Counts

Having documented procedures is critical, but workplace culture plays an even greater role in psychological safety. Research shows that organisations with a high Psychosocial Safety Climate where leadership actively promotes and protects mental health experience lower rates of burnout, greater morale, and fewer mental health claims.

MHFA training supports this culture by building team wide mental health literacy. It reinforces psychological safety as an organisational priority, not just an HR talking point.


How to Prepare Before December 1st

If you have not started preparing, consider the following steps:

  • Review your current WHS policies and procedures

  • Conduct a psychosocial risk assessment

  • Identify hazards across teams, including workload, communication, leadership style, and interpersonal conflict

  • Involve employees in the conversation

  • Provide training for managers and key staff in early mental health intervention, including MHFA


Need Help Meeting Your New WHS Obligations?

I deliver accredited MHFA training for workplaces across Victoria and Australia-wide, both online and in-person. If you want to future-proof your team, meet your legal obligations, and build a mentally safe culture, I can help.

For details on upcoming training or to book a tailored session, visit: www.leahv.com.au/contact


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