The PsychProof Newsroom

At the end of February, SafeWork SA introduced a new Code of Practice to assist workplaces to better manage psychosocial hazards in South Australia, in line with the Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023 that came into effect on 25 December 2023.

From 1 July 2026, NSW PCBUs must comply with approved Codes of Practice — including the Managing Psychosocial Hazards at Work Code — or prove they meet an equivalent or higher standard.

The Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 (NSW) allows unions to commence civil penalty proceedings under the Work Health and Safety Act 2011 (NSW) from 1 March 2026, increasing the chances of litigation related to psychosocial hazards where systems don't clearly show risk identification, assessment, and control. Employers must have a justifiable, systematic strategy, conduct official psychosocial hazard risk assessments, and develop practical control measures.

The Fair Work Commission ruled a resignation was a dismissal when a Board kept a harassing director in place, despite substantiated findings of sexual harassment. The Commission found the employee's resignation was forced due to an unsafe working environment.

The Fair Work Commission ruled it unfair when a NSW warehouse worker questioned her redundancy and was fired mid-shift, ordering the employer to pay compensation. The commission found the redundancy was not genuine on three grounds.

SafeWork NSW improvement notices related to psychosocial risks during a Department of Education's disciplinary investigation were largely upheld by the Commission, emphasizing the need to manage psychosocial hazards during workplace investigations.

Excessive job demands are being increasingly scrutinized under psychosocial safety obligations. Organizations must proactively manage job design, role clarity, and workloads to prevent them from becoming psychosocial risks, as highlighted by a recent FWC case.

Workplace ostracism, often subtle, can lead to breaches of psychosocial safety obligations. HR should design organizational structures that prevent exclusion and foster supportive cultures, fulfilling legal responsibilities.

The Legal Brief explores how psychosocial safety is now central to how Australian regulators assess organisational competence and leadership, especially given organizational restructures, change programs and the rapid adoption of artificial intelligence.

In late 2025, the Department of Defence was criminally convicted under the Commonwealth WHS Act and fined $188,000 following the suicide of an RAAF technician who was subjected to performance management plans and showed signs of distress, but was not offered support. This landmark case highlights the importance of managing psychosocial risks and ensuring that performance management processes do not cause psychological harm.