Victorian employers are now operating under a significantly stronger legal framework for workplace psychological health and serious vilification.
Since 1 December 2025, Victoria’s Occupational Health and Safety (Psychological Health) Regulations 2025 have imposed specific obligations on employers to identify psychosocial hazards, control associated risks and review those controls.
At the same time, Victoria’s anti-vilification laws have also been strengthened. New serious criminal vilification offences commenced on 20 September 2025, while stronger civil protections commenced on 15 April 2026.
For employers, the practical message is clear:
Psychological health, workplace behaviour and serious hateful conduct can no longer be treated as peripheral HR issues. They are increasingly matters of legal compliance, risk management and workplace safety.
This guide explains what Victorian employers need to know in 2026, what WorkSafe expects, how the anti-vilification reforms operate, and the practical steps businesses should now be taking.
Quick Answer: What Victorian Employers Need to Know
Victorian employers should now be actively managing psychosocial hazards in the same structured way they manage other workplace health and safety risks.
That means employers should:
- identify psychosocial hazards
- assess risks where necessary
- eliminate risks where reasonably practicable
- otherwise reduce those risks so far as reasonably practicable
- consult employees and Health and Safety Representatives where required
- monitor and review risk controls
- maintain suitable reporting and escalation processes
- train managers and supervisors
- ensure workplace conduct policies address bullying, aggression, sexual harassment and other psychosocial hazards
- review anti-discrimination and anti-vilification policies in light of Victoria’s expanded protections
The WorkSafe Psychological Health Compliance Code now provides detailed practical guidance on how to meet these duties.
For a more detailed breakdown of that Code, see our WorkSafe Psychological Health Compliance Code Employer Guide.
What Changed on 1 December 2025?
Victoria’s Occupational Health and Safety (Psychological Health) Regulations 2025 commenced on 1 December 2025.
The purpose of the new framework is to make psychological health risks more explicit within Victoria’s occupational health and safety system.
Rather than treating workplace stress, bullying, unreasonable demands or traumatic exposure as purely HR issues, employers are expected to consider whether these factors create a risk to employee health and safety.
The regulations operate alongside Victoria’s existing Occupational Health and Safety Act 2004.
Employers therefore need to consider psychological health through the same risk-management lens traditionally applied to physical hazards.
What Is a Psychosocial Hazard?
A psychosocial hazard is a workplace factor that may cause psychological harm.
WorkSafe’s Psychological Health Compliance Code identifies a range of common psychosocial hazards and explains how employers should identify and manage them.
Examples can include:
- bullying
- aggression or violence
- sexual harassment
- gendered violence
- high job demands
- low job control
- poor support
- poor workplace relationships
- poor role clarity
- poor organisational justice
- inadequate recognition and reward
- poor organisational change management
- exposure to traumatic events or content
- remote or isolated work
A psychosocial hazard does not necessarily mean that every employee will experience psychological injury.
The key question is whether the workplace condition creates a foreseeable risk to health and safety that should be controlled.
Examples of Psychosocial Hazards in Real Workplaces
Psychosocial risks can look very different depending on the workplace.
In an office, they might involve:
- sustained excessive workloads
- unrealistic deadlines
- workplace bullying
- unclear responsibilities
- poor management communication
- repeated conflict between staff
- lack of support during organisational change
In hospitality, healthcare or customer-facing environments, risks might also include:
- aggressive customers
- threats
- verbal abuse
- exposure to distressing incidents
- unpredictable workloads
- fatigue
- understaffing
In remote or digital workplaces, employers may need to consider:
- isolation
- excessive monitoring
- blurred working hours
- after-hours contact expectations
- online harassment
- poor communication
- inadequate support
The correct response depends on the nature of the risk, the workplace and the controls that are reasonably practicable.
What Victorian Employers Must Do
The WorkSafe framework follows a familiar risk-management model.
1. Identify Psychosocial Hazards
Employers should identify conditions that could create psychological health risks.
Useful sources of information may include:
- employee consultation
- complaints
- incident reports
- exit interviews
- absenteeism trends
- staff turnover
- employee surveys
- workload data
- performance issues
- reports from Health and Safety Representatives
- workplace observations
Employers should not wait for a serious injury or formal complaint before considering whether a psychosocial hazard exists.
2. Assess the Risk Where Necessary
Not every workplace hazard requires a complex formal assessment.
However, where the level of risk is uncertain, employers may need to consider:
- how often employees are exposed
- how intense the exposure is
- how long the exposure lasts
- how many employees are affected
- whether several hazards interact
- whether vulnerable workers may face greater risk
3. Control the Risk
Employers must first consider whether the risk can be eliminated so far as reasonably practicable.
Where elimination is not reasonably practicable, the risk should be reduced so far as reasonably practicable.
Controls may involve changes to:
- workloads
- staffing
- rosters
- management practices
- reporting systems
- workplace design
- supervision
- communication
- role clarity
- behavioural standards
- organisational change processes
Policies and training may be useful, but they should not be the only response if the underlying source of the risk is excessive workload, poor job design or inadequate staffing.
4. Review and Revise Controls
Risk controls should not simply be introduced and forgotten.
They may need to be reviewed when:
- a complaint is made
- an incident occurs
- work practices change
- staffing changes
- new technology is introduced
- organisational restructuring occurs
- controls appear ineffective
- new hazards emerge
The WorkSafe Code specifically addresses the importance of monitoring, reporting and reviewing psychosocial risk controls.
Consultation Is a Critical Part of Psychosocial Risk Management
Employers should not attempt to manage psychosocial hazards entirely from the boardroom.
Employees often have the clearest understanding of:
- unrealistic workloads
- poor communication
- bullying behaviour
- conflicting instructions
- difficult customers
- role ambiguity
- unsafe reporting cultures
- problems created by organisational change
Consultation can therefore help employers identify hazards before they escalate.
Where Health and Safety Representatives are present, employers should also understand their consultation obligations under Victoria’s OHS framework.
How the Psychological Health Compliance Code Works
The WorkSafe Psychological Health Compliance Code is now published and provides practical guidance on complying with Victoria’s psychological health duties.
The Code explains:
- what psychosocial hazards are
- who has duties under Victoria’s OHS laws
- how the risk-management process works
- how hazards can affect employee health and safety
- how to identify hazards
- how to control risks
- how to respond to reports
- how to maintain appropriate records
- what common psychosocial hazards look like in practice
WorkSafe also makes an important distinction between the words must, need to and should within the Code.
“Must” indicates a legal requirement, while “should” generally indicates recommended practice rather than an additional legal obligation.
For a detailed explanation of the Code and how employers can use it, see our WorkSafe Psychological Health Compliance Code Employer Guide.
Is the WorkSafe Compliance Code Mandatory?
A compliance code is not identical to an Act or regulation.
However, it can play an important role in demonstrating compliance.
WorkSafe describes the Psychological Health Compliance Code as guidance that can assist duty holders in understanding how to comply with Victorian OHS laws.
That means employers should not dismiss the Code simply because it is not legislation itself.
In practical terms, it gives businesses a useful benchmark for:
- identifying hazards
- developing controls
- consulting workers
- responding to reports
- documenting decisions
- reviewing risk-management systems
A business that chooses a different approach should still be able to demonstrate that it meets its legal duties.
Psychosocial Risk Is Not Just About Employee Resilience
One of the most important shifts in workplace psychological safety is moving away from the idea that stress should simply be managed by making workers more “resilient”.
Employee assistance programs, wellbeing sessions and mental health education can be useful.
But they do not necessarily control the underlying hazard.
For example, if employees are consistently working excessive hours because a team is understaffed, offering a meditation app does not resolve the underlying job-demand risk.
Similarly, if a workplace has repeated bullying complaints, simply reminding staff to “be respectful” may not be enough.
The employer should look at the source of the risk.
Victoria’s Anti-Vilification Laws: What Changed?
Separate from the psychosocial OHS reforms, Victoria has introduced stronger laws dealing with serious vilification.
These reforms should not be confused with the Psychological Health Regulations.
They arise under a different legal framework.
However, they can overlap in workplace situations involving serious hateful conduct, threats, harassment or discriminatory behaviour.
The Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025 expanded Victoria’s protections and introduced new serious criminal offences.
The criminal offences commenced on 20 September 2025.
Stronger civil protections commenced on 15 April 2026.
What Attributes Are Protected Under Victoria’s Expanded Vilification Laws?
Victoria’s anti-vilification protections extend beyond race and religion.
The expanded framework also protects people on the basis of:
- disability
- gender identity
- sex
- sex characteristics
- sexual orientation
- personal association with a person who has a protected attribute
These protections apply in addition to the existing race and religious protections.
For employers, this means workplace policies should be reviewed carefully to ensure they reflect the current Victorian framework rather than older lists of protected characteristics.
Victoria’s Serious Criminal Vilification Offences
Victoria now has two serious criminal vilification offences.
Incitement Offence
The incitement offence concerns conduct intended, or believed likely, to incite:
- hatred
- serious contempt
- revulsion
- severe ridicule
against a person or group because of a protected attribute.
The maximum penalty is up to three years’ imprisonment.
Threat Offence
The threat offence applies where a person threatens physical harm or property damage because of a protected attribute and intends the target to believe the threat is real, or considers that likely.
The maximum penalty is up to five years’ imprisonment.
The offences apply to relevant conduct occurring:
- in public
- in private
- online
The Victorian Government emphasises that these criminal offences are intended to address the most serious forms of hateful conduct rather than merely offensive or unkind behaviour.
Victoria’s Stronger Civil Vilification Protections
Stronger civil protections commenced on 15 April 2026.
These include both a modified incitement-based protection and a new harm-based protection.
The civil framework can apply to public conduct, including online behaviour, that meets the relevant statutory tests.
Victims can continue to seek civil redress through the Victorian Civil and Administrative Tribunal and the Victorian Equal Opportunity and Human Rights Commission.
For employers, this reinforces the importance of considering conduct that occurs not only face-to-face but also through:
- workplace messaging platforms
- internal forums
- online meetings
- social media
- work-related group chats
Vilification Is Not the Same as Discrimination
Employers should understand the distinction.
Discrimination generally involves unfair treatment because of a protected characteristic.
Vilification involves conduct that encourages or expresses sufficiently serious hatred, contempt, revulsion, severe ridicule or other conduct captured by the relevant legal tests.
Sexual harassment is another separate legal concept.
The Victorian Government expressly distinguishes vilification from discrimination and sexual harassment.
However, a single workplace incident can potentially raise issues under more than one legal framework depending on the circumstances.
How Context Is Considered Under Victoria’s Anti-Vilification Laws
Public debate around the reforms sometimes referred to contextual safeguards as the “Sam Kerr clause”.
For employers, the important point is not the nickname.
The important point is that legal assessment depends on the specific circumstances.
Serious criminal vilification is not triggered merely because a comment is rude, controversial or offensive.
The actual words, conduct, protected attribute, context, intent and legal threshold all matter.
Employers should therefore avoid trying to make criminal-law determinations themselves.
If serious threatening or hateful conduct occurs, it may be appropriate to obtain legal advice or involve police.
How Psychosocial OHS and Anti-Vilification Laws Can Overlap at Work
These are separate legal regimes, but workplace incidents can sometimes engage both.
For example, repeated hateful conduct directed towards an employee because of a protected characteristic could potentially create:
- a psychosocial hazard
- a bullying or harassment issue
- a discrimination issue
- a vilification issue
depending on what occurred.
An employer’s first responsibility should be to respond appropriately to workplace health and safety risks and protect affected employees.
That may include:
- immediate safety measures
- investigating workplace conduct
- providing reporting pathways
- separating parties where necessary
- taking disciplinary action
- obtaining legal advice
- referring criminal conduct to police
The legal classification should follow the facts rather than assuming every discriminatory remark constitutes criminal vilification.
Online Conduct Is Part of the Workplace Risk Picture
Employers should also recognise that harmful workplace behaviour does not need to occur physically at work.
Potential issues may arise through:
- Microsoft Teams
- Slack
- WhatsApp groups
- text messages
- social media
- video meetings
- internal forums
The Victorian Government confirms that the serious criminal vilification offences can apply to relevant online conduct.
Similarly, online bullying, harassment or aggressive communication may create psychosocial health and safety risks.
Employers should therefore ensure digital conduct is addressed in workplace policies and training.
Victorian Employer Compliance Checklist for 2026
Employers reviewing their systems should consider the following:
- Identify psychosocial hazards in each part of the workplace.
- Consult employees about workload, support, workplace relationships and organisational changes.
- Consult Health and Safety Representatives where required.
- Assess risks where necessary, including frequency, duration and severity.
- Eliminate risks where reasonably practicable.
- Reduce risks where elimination is not reasonably practicable.
- Review workload and staffing arrangements, not just employee wellbeing programs.
- Update bullying, harassment and sexual harassment policies.
- Update anti-discrimination and anti-vilification policies to reflect Victoria’s expanded protected attributes.
- Establish clear reporting pathways for psychosocial hazards and serious conduct.
- Train managers and supervisors to recognise workplace psychological risks.
- Review digital conduct policies covering workplace messaging, email and online communications.
- Document risk-management decisions and reviews appropriately.
- Review controls following incidents, complaints or organisational change.
- Use the WorkSafe Psychological Health Compliance Code as a practical reference point.
Managers Need More Than a Policy Manual
A beautifully written psychosocial safety policy is of little value if managers do not know how to respond when an employee raises a concern.
Managers should understand:
- where reports go
- what confidentiality can and cannot be promised
- when HR should be involved
- when health and safety personnel should be involved
- when urgent safety measures are required
- when external advice may be needed
- how to avoid retaliation or victimisation
- how to document the response
A poorly handled complaint can create additional risk even where the original issue appeared relatively minor.
Workplace Respect and Social Cohesion Matter Too
Legal compliance is only part of workplace culture.
Employers also need workable behavioural standards around:
- disagreement
- respectful communication
- boundaries
- identity
- religion
- political discussion
- discrimination
- social media
- workplace conflict
Policies should protect employees without creating an environment where every disagreement is treated as misconduct.
For more practical guidance on those broader cultural issues, see our Practical Guide to Workplace Respect, Boundaries and Social Cohesion in Australia.
What Happens if an Employer Ignores Psychosocial Hazards?
Psychosocial hazards sit within Victoria’s occupational health and safety framework.
WorkSafe can investigate workplace health and safety concerns and use its regulatory powers where appropriate.
Potential consequences can include:
- improvement notices
- prohibition notices
- investigations
- prosecution
- financial penalties
The consequences depend on the specific legal duty, the conduct involved and the facts of the case.
Employers should therefore avoid relying on generic penalty figures taken from interstate or model WHS legislation.
Victoria has its own OHS legislation and enforcement framework.
Anti-Vilification Penalties
The two serious criminal offences have different maximum penalties.
| Offence | Maximum penalty |
|---|---|
| Serious incitement vilification offence | Up to 3 years’ imprisonment |
| Serious threat vilification offence | Up to 5 years’ imprisonment |
Courts may impose other available sentencing outcomes depending on the circumstances.
Civil vilification matters operate separately and may be dealt with through bodies including VCAT and the Victorian Equal Opportunity and Human Rights Commission.
Small Businesses Are Not Automatically Exempt
Smaller employers sometimes assume psychosocial risk management only applies to large organisations with HR departments.
That is not a safe assumption.
The obligations arise from workplace health and safety duties, not the size of an employer’s HR team.
However, what is reasonably practicable can depend on factors such as:
- the nature of the workplace
- the size of the organisation
- the severity of the risk
- available control measures
- the cost and suitability of those measures
A small business may therefore use simpler systems, but it should still actively identify and manage genuine workplace risks.
Frequently Asked Questions
Are Victoria’s Psychosocial Regulations Now in Force?
Yes.
Victoria’s Occupational Health and Safety (Psychological Health) Regulations 2025 commenced on 1 December 2025.
Employers should now be operating under the new framework rather than treating it as an upcoming reform.
What Are Psychosocial Hazards?
Psychosocial hazards are workplace factors that may create a risk of psychological harm.
Examples include bullying, aggression, sexual harassment, high job demands, poor support, poor workplace relationships, low role clarity, traumatic exposure and poorly managed organisational change.
Do Victorian Employers Need a Psychosocial Risk Assessment?
Employers need to identify and manage psychosocial risks.
Whether a formal detailed risk assessment is required will depend on the circumstances and whether further assessment is necessary to understand the risk and appropriate controls.
Is the WorkSafe Psychological Health Compliance Code Mandatory?
The Compliance Code is not the same thing as legislation.
However, it provides recognised practical guidance on how employers can comply with their Victorian OHS duties.
Employers choosing another method still need to ensure their approach satisfies their legal obligations.
Can Workplace Bullying Be a Psychosocial Hazard?
Yes.
Bullying can create risks to psychological health and is one of the workplace behaviours employers should identify and manage.
Is Excessive Workload a Psychosocial Hazard?
Potentially, yes.
High job demands can create psychological health risks, particularly when demands are sustained, excessive or unsupported.
When Did Victoria’s New Criminal Vilification Laws Start?
The new serious criminal vilification offences commenced on 20 September 2025.
When Did Victoria’s Stronger Civil Vilification Protections Start?
The stronger civil protections commenced on 15 April 2026.
What Attributes Are Protected Under Victoria’s Vilification Laws?
The framework protects race and religion and has been expanded to include disability, gender identity, sex, sex characteristics, sexual orientation and personal association with a person with a protected attribute.
What Is the Maximum Penalty for Serious Vilification in Victoria?
The serious incitement offence carries a maximum of three years’ imprisonment.
The serious threat offence carries a maximum of five years’ imprisonment.
Do Victoria’s Vilification Laws Apply Online?
Yes.
The new serious criminal offences can apply to relevant conduct occurring publicly, privately or online.
Can One Workplace Incident Breach More Than One Law?
Potentially.
Depending on the circumstances, conduct may raise workplace health and safety, discrimination, harassment, employment, civil vilification or criminal law issues.
Each legal framework has different tests.
What Should Employers Do Now?
Employers should review psychosocial hazards, workplace policies, employee consultation systems, reporting procedures, management training and existing risk controls.
They should also ensure their anti-discrimination and workplace conduct policies reflect Victoria’s current anti-vilification protections.
Final Thoughts
Victoria’s workplace psychological health reforms are no longer something employers need to prepare for in the future.
They are now operating.
Likewise, Victoria’s expanded anti-vilification regime is already in effect, with both the new serious criminal offences and stronger civil protections now commenced.
For employers, the practical challenge is to avoid treating these reforms as a paperwork exercise.
A compliant workplace needs more than updated policies.
Employers should be able to demonstrate that they:
- understand the hazards within their workplace
- consult employees
- control genuine risks
- respond appropriately to reports
- review whether controls are working
- maintain behavioural standards
- take serious hateful or threatening conduct seriously
The strongest approach is preventative.
Identify problems early, address the source of risk and create reporting systems employees can realistically use.
Sources and Further Reading
WorkSafe Victoria: Psychological Health Compliance Code
Victorian Government: New Protections Against Vilification
Brighton Savoy: WorkSafe Psychological Health Compliance Code Employer Guide
Brighton Savoy: A Practical Guide to Workplace Respect, Boundaries and Social Cohesion in Australia
Brighton Savoy: About Brighton Savoy and Our Editorial Approach
Legal and Editorial Disclaimer
This article provides general information about Victorian workplace psychological health and anti-vilification reforms. It is not legal advice and should not be relied upon as a substitute for advice about a particular workplace, complaint, incident or legal obligation.
Workplace health and safety, employment, discrimination and vilification matters can depend heavily on individual facts and circumstances.
Employers dealing with serious complaints, threatened litigation, WorkSafe involvement, potential criminal conduct or complex workplace disputes should consider obtaining advice from an appropriately qualified workplace lawyer, OHS professional or other specialist.
Laws, regulations, compliance guidance and government information may change after publication.
Last researched and updated: August 2026
