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Partners Academy

Regulations & Standards

The regulatory shift is here. The system needs to match it.

Psychosocial hazard management is no longer guidance. It is law — explicit, jurisdiction-specific, and enforced. InCheq is purpose-built for the obligations now in force across Australian workplaces.

The shift

From guidance to enforcement.

The same rigour that has governed physical safety for decades now applies to psychosocial.

The Work Health and Safety Amendment Regulations (2022) formally defined psychosocial hazards in Australian law and mandated the application of the hierarchy of controls. Regulators have since made clear that organisations must treat psychosocial hazards "as a safety matter, and not just a one-off issue."

The question for boards and officers is no longer whether to manage psychosocial risk. It is whether they can demonstrate they are doing so systematically.

Compliance review session with maturity scorecard

Year-on-year claim growth

14.7%

Annual growth in psychosocial claims volume across Australian jurisdictions. Comcare national trend data.

The frameworks

Three pillars of obligation. One coherent reference.

Australian psychosocial safety obligations rest on three pillars: WHS Act and harmonised state codes, jurisdiction-specific OHS regulations, and the international standard ISO 45003. InCheq maps to all three.

WHS · National harmonised

WHS Act 2011 + Model Code of Practice.

The Safe Work Australia Model Code of Practice: Managing Psychosocial Hazards at Work (2022) is an approved code under each harmonised WHS Act — Queensland, South Australia, Tasmania, ACT, Northern Territory, and the Commonwealth (Comcare).

In NSW, the Safework NSW Code of Practice on Managing Psychosocial Hazards becomes legally enforceable from 1 July 2026 under section 26A of the WHS Act 2011 (NSW). PCBUs must either comply with the Code or demonstrate an equivalent or higher standard. Inspectors will expect clear mapping of controls to the Code or documented justification of alternative approaches.

Administered by SafeWork NSW and state regulators.

Audit-defensible documentation review

OHS · Victoria, in force

OHS (Psychosocial Health) Regulations 2025.

Effective 1 December 2025. Employers are legally required to proactively identify, assess, and manage psychosocial hazards. Requirements mirror the rigour expected for physical safety management: hazard identification, risk assessment, control implementation, and ongoing review.

Each Australian jurisdiction is moving on a similar trajectory. Victoria is the bellwether; the rest follow.

Administered by WorkSafe Victoria.

Board oversight of compliance position

International standard

ISO 45003:2021.

The first international standard for managing psychological health and safety within an OHS management system. Formalises the integration of psychosocial risk management into the PDCA (Plan-Do-Check-Act) framework that already governs physical hazards under ISO 45001:2018.

For multi-jurisdiction and global organisations, ISO 45003 provides a single, internationally recognised reference. Australian regulators consider alignment with ISO 45003 evidence of equivalent or higher standard.

Issued by the International Organization for Standardization.

Maturity scorecard mapped to ISO 45003

The duty

Obligations on the organisation. Personal duty on the officer.

PCBU obligations

A Person Conducting a Business or Undertaking must, so far as is reasonably practicable:

  • Identify psychosocial hazards in the workplace
  • Assess the risks those hazards create
  • Implement controls appropriate to the risk
  • Consult with workers in identifying and managing hazards
  • Review the effectiveness of controls and improve them over time

Officer due diligence

Directors, partners, and senior managers carry a personal duty under the WHS Act:

  • Acquire and maintain knowledge of psychosocial WHS matters
  • Understand the operations and their psychosocial hazard profile
  • Ensure resources and processes manage psychosocial risk
  • Receive and critically consider performance reporting

An officer cannot discharge this duty by delegating it. They must have systematic, evidence-based visibility.

The misconception

A survey is not a system.

The Code of Practice requires a systematic process. That is not the same as measuring employee sentiment.

The approach required under Australian WHS law is systems-first. Consider how parts of work systems combine and interact to create harm. Implement higher-order controls: work design, job redesign, flexible working, rostering, task rotation, supervision structures.

Workforce surveys can support the system. They cannot constitute it.

The approach cannot be survey-led. It can be survey-supported.

Inspectors expect clear mapping of organisational controls to the Code, documented justification of how hazards have been identified, and evidence of systematic review over time. A single survey result does not satisfy any of these requirements. In psychologically unsafe environments, survey scores can actively mask serious harm.

How InCheq maps

Six requirements. Six built-in answers.

01

Hazard identification & risk assessment

Safe Minds Index® systematically evaluates hazard identification across all 10 Pillars. Draws on workforce, safety, HR, and operational data — not a point-in-time survey.

02

Control implementation & work design

Assesses controls across work design, supervision, policy, job redesign, and consultation. Safe Minds Interventions® maps actions to specific gaps, sequenced by regulatory urgency.

03

Worker consultation

A dedicated Pillar within the Index. Maturity assessed across HSR engagement, formal consultation, and how worker voice is captured and actioned.

04

Ongoing monitoring & improvement

Run at regular intervals; tracks maturity progression. Satisfies PDCA-based continuous-improvement requirements in ISO 45003 and Model COP.

05

Documentation & audit readiness

Safe Minds Risk Management® maintains a full audit trail — structured so evidence of due diligence is current, not reconstructed when a regulator asks.

06

Board-level governance

Standardised board reporting gives officers the systematic visibility needed to discharge their personal due diligence obligations under the WHS Act.

Regulatory alignment

WHS Act 2011 (national harmonised) Vic OHS (Psychosocial Health) Regs 2025 NSW SafeWork Code (s26A) Safe Work Australia Model COP 2022 ISO 45003:2021 ISO 45001:2018

This is not legal advice. Organisations should seek independent legal and regulatory guidance on their specific obligations.

The roadmap they delivered gives us confidence that we’re heading into the new regulations with the right focus and a solid plan.

Michael Newton Director of Absence Management & Return to Work, Yarra Trams

Frequently asked

What inspectors actually look for.

Does the Safe Minds Index make us compliant?

Compliance is determined by regulators based on your specific obligations and the actions your organisation has taken. The Safe Minds Index provides systematic evidence of hazard identification, risk prioritisation, and ongoing monitoring — the things regulators look for. It strengthens your defensibility significantly, but it does not guarantee a compliance outcome. Independent legal advice should be sought for your specific regulatory context.

We already run an annual engagement survey. Is that sufficient?

No. The Model Code of Practice requires a systematic process to manage psychosocial hazards, not a measure of employee sentiment. Surveys can support a broader system, but cannot, on their own, constitute the hazard identification, risk assessment, and control implementation regulators expect. In psychologically unsafe environments, survey scores can actively mask serious harm.

Which jurisdictions does InCheq cover?

The Safe Minds Index® framework is aligned to the Model Code of Practice and WHS Act requirements across all harmonised jurisdictions: NSW, Victoria, Queensland, South Australia, Western Australia, Tasmania, ACT, Northern Territory, and the Commonwealth. For multi-state organisations, the framework provides a single consistent assessment with outputs mapped to each relevant jurisdiction.

What do inspectors actually look for?

Inspectors focus on whether your organisation can demonstrate a systematic approach to identifying psychosocial hazards, assessing the risks they create, and implementing appropriate controls. They expect clear mapping of controls to the Code (or documented justification of alternatives), evidence of worker consultation, and records that show the system is reviewed and improved over time. Wellness programmes and engagement surveys do not constitute this evidence on their own.

The first step

Understand your compliance position before a regulator does.

A 30-minute briefing. We’ll map your current position against your obligations and tell you exactly where the gaps are.

30 minutes · No prep · Written brief either way