How to use this compliance code

This page explains code structure and features, important terminology and how deemed compliance works.

This is page 1 in a series of 11 that comprise the Psychological health compliance code. You must read the whole Code so that you understand how to meet your deemed compliance obligations.

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Compliance code structure

Important terminology

must

Indicates a legal requirement that has to be complied with

need to or needs to

Indicates a recommended course of action in accordance with duties and obligations under Victoria’s health and safety legislation

should

Indicates a recommended optional course of action

Useful features

Throughout this compliance code, you will see the following icons. Use these to help you understand and comply with OHS duties:

Preface

This compliance code (Code) provides practical guidance for those who have duties or obligations in relation to:

  • psychological health under the Occupational Health and Safety Act 2004 (OHS Act)
  • psychosocial hazards under the Occupational Health and Safety (Psychological Health) Regulations 2025 (OHS (Psychological Health) Regulations).

The OHS (Psychological Health) Regulations and this Code are in effect from 1 December 2025.

The Code was developed by WorkSafe Victoria (WorkSafe). Representatives of employers and employees were consulted during its preparation. It was made under the OHS Act and approved by The Hon. Ben Carroll MP, Minister for WorkSafe and the TAC.

Duty holders under the OHS Act and OHS (Psychological Health) Regulations should use this Code to help them comply with their duties under the OHS legislation.

While the guidance provided in the Code is not mandatory, a duty holder who complies with the Code will – to the extent it deals with their duties or obligations under the OHS Act or OHS (Psychological Health) Regulations – be taken to have complied with those duties or obligations.

If conditions at the workplace or the way work is done raise different or additional risks not covered by the Code, compliance must be achieved by other means. WorkSafe publishes guidance to help with this at worksafe.vic.gov.au.

Failure to observe the Code may be used as evidence in proceedings for an offence under the OHS Act or OHS (Psychological Health) Regulations. However, a duty holder will not fail to meet their legal duty simply because they have not followed the Code. A WorkSafe inspector may cite the Code in a direction or condition in an improvement notice or prohibition notice as a means of achieving compliance.

A health and safety representative (HSR) may cite the Code in a provisional improvement notice when providing directions on how to remedy an alleged contravention of the OHS Act or OHS (Psychological Health) Regulations.

Approval for the Code may be varied or revoked by the Minister.

This is page 1 in a series of 11 that comprise the Psychological health compliance code. You must read the whole Code so that you understand how to meet your deemed compliance obligations.

Next page