Guide · updated November 2026
NSW: the psychosocial Code became comply-or-justify on 1 July 2026
From 1 July 2026, section 26A of the WHS Act requires businesses to comply with approved codes of practice, or manage the risk in a way that gives an equivalent or higher standard. If you depart from the Code, document why your approach is as good or better.
What to have ready
- A psychosocial risk register covering the Code's hazards
- Controls that change the work, not just EAP or training
- A record of worker consultation
- Policies and a reporting procedure for bullying and harassment
- A review schedule and a record of reviews
- If you depart from the Code: written reasons why your approach is equivalent or better
Sources: Safe Work Australia: model Code of Practice: Managing psychosocial hazards at work · WorkSafe Victoria: new psychological health regulations · SafeWork NSW: legislation · WorkSafe Queensland: People at Work (free survey) · Australian Human Rights Commission: positive duty
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Free compliance check Build my systemMore: Psychosocial risk assessment: a template that works · The 14 common psychosocial hazards, with examples and controls · Victoria's Psychological Health Regulations: what employers must do · Queensland's psychosocial hazards Code: employer checklist · The positive duty to prevent sexual harassment: a small business guide · Bullying and harassment policy: what to include · Psychosocial hazards in office / professional services · Psychosocial hazards in retail · Psychosocial hazards in hospitality · Psychosocial hazards in construction / trades