Australia's New Workplace Mental Health Code of Practice — What It Means for You


If you work in Australia — which, if you’re reading this, you probably do — there’s been a significant shift in how your employer is legally required to think about your mental health. And unlike a lot of wellness news that’s more fluff than substance, this one actually has teeth.

Over the past two years, every state and territory has been rolling out updated codes of practice around psychosocial hazards in the workplace. These aren’t suggestions. They’re regulations backed by Work Health and Safety laws, and they mean employers now have a legal obligation to identify and manage risks to psychological health the same way they manage risks to physical safety.

In practical terms? Your boss has to care about your mental health. By law.

What are psychosocial hazards?

Psychosocial hazards are aspects of work that can cause psychological harm. Safe Work Australia identifies several key ones:

  • High job demands — unrealistic workloads, time pressure, emotional demands
  • Low job control — no say in how or when you do your work
  • Poor support — inadequate training, resources, or management backing
  • Conflict and poor relationships — bullying, harassment, aggression
  • Role confusion — unclear expectations about what you’re supposed to be doing
  • Organisational change — poorly managed restructures, job insecurity
  • Remote and isolated work — lack of connection, inadequate check-ins
  • Traumatic events — exposure to distressing material or situations

If you’ve ever felt burnt out, anxious, or ground down by your job, there’s a good chance one or more of these hazards was in play.

What employers are required to do

Under the updated regulations, employers must take a systematic approach. This means:

Identify the hazards. Not just assume everything is fine. Actually consult with workers, look at data like absenteeism and turnover, and assess where risks exist.

Assess the risks. How likely is it that a hazard will cause harm, and how severe could that harm be?

Implement controls. Put measures in place to eliminate or minimise the risks. This could mean redesigning workloads, improving management practices, providing better resources, or changing how conflict is handled.

Review and monitor. Check whether the controls are working. Adjust if they’re not.

This is the same hierarchy of controls used for physical safety. Slip hazard in the kitchen? You don’t just tell workers to be careful — you fix the floor. The same logic now applies to psychological hazards. You don’t just offer an Employee Assistance Program and call it done — you address the root cause.

Why this matters

For years, the standard corporate approach to workplace mental health has been reactive. Wait until someone burns out, then offer them counselling. Run a R U OK? Day event, put up some posters, and move on.

That approach hasn’t worked. Mental health-related workers’ compensation claims in Australia have increased by over 50% in the last decade. The cost — both human and financial — has been staggering.

The new codes of practice flip the script from reactive to preventive. Instead of asking “How do we help people who are already struggling?” the question becomes “How do we stop the work itself from causing harm?”

That’s a fundamentally different conversation, and it’s long overdue.

What it means for you as a worker

A few things to know:

You have the right to be consulted. Your employer should be asking you about psychosocial risks in your workplace. If they’re not, you can raise it.

You can report hazards. Just as you’d report a broken handrail, you can report psychosocial hazards — excessive workload, bullying, lack of support — through your WHS channels.

You’re protected from retaliation. It’s illegal for an employer to take adverse action against you for raising a WHS concern.

Your union can help. If you’re a member, your union rep can assist with raising issues and ensuring compliance.

What it means for managers

If you’re in a management role, this is your cue to take this seriously. The regulations aren’t asking you to become a psychologist. They’re asking you to be a decent manager — to check in with your team, distribute work fairly, address conflict early, and create an environment where people feel safe enough to speak up.

It’s also worth having honest conversations about what your team actually needs. Some of the most effective interventions are simple: clearer role descriptions, realistic deadlines, regular one-on-one check-ins, and flexibility around how and when people work.

The bigger picture

No regulation is perfect, and enforcement will be the real test of whether these codes of practice lead to meaningful change. But the direction is right. Treating mental health at work as a safety issue — not a personal weakness, not a perk, not a nice-to-have — is a genuine step forward.

If your workplace hasn’t started talking about psychosocial hazards yet, now’s the time to ask why. The framework is there. The law is there. What’s needed is action.

Your mental health at work isn’t just your responsibility. It’s your employer’s too.