Psychological health regulations to commence December 2025 in Victoria

New Occupational Health and Safety laws will place mental wellbeing on equal footing with physical safety prompting early childhood services to act now.

From 1 December 2025, significant changes to workplace health and safety requirements will take effect in Victoria with the commencement of the Occupational Health and Safety (Psychological Health) Regulations 2025. The new Regulations strengthen existing legislation by formally recognising that psychosocial hazards, such as stress, bullying and exposure to trauma can cause serious harm and must be managed in the same way as physical hazards.

The Regulations require all Victorian employers, including those in early childhood education and care (ECEC), to take reasonable steps to ensure work does not pose a risk to employees’ psychological health. This includes identifying hazards, assessing risks, implementing controls and reviewing those controls regularly.

Psychosocial hazards are aspects of work design, systems or environment that have the potential to negatively affect mental health. Under the new Regulations, employers must actively manage hazards such as:

• Aggression or violence (including from families or external parties)
• Bullying
• Exposure to traumatic events or distressing content
• Gendered violence
• High job demands
• Low job control
• Sexual harassment
• Poor support or unclear role expectations

From the commencement date, approved providers, centre managers and leadership teams must be able to demonstrate compliance with four key duties:

1. Identify hazards – Consult with staff and monitor the workplace to detect psychosocial risks
2. Assess risks – Evaluate the likelihood and consequences of harm
3. Control risks – Implement measures to eliminate or minimise risk, prioritising prevention over reaction
4. Review controls – Regularly assess whether controls are effective and update them where needed

To support implementation, WorkSafe Victoria has released a new Compliance Code, offering practical guidance and real-world examples of how services can meet their legal obligations while fostering a psychologically safe culture.

Given the emotionally intensive nature of early education and care, the ECEC sector may be particularly vulnerable to psychosocial risks. The Regulations provide a structured framework for services to safeguard their teams while aligning with Quality Area 4 Staffing Arrangements and Quality Area 7 Governance and Leadership of the National Quality Standard.

For more information and to access the Compliance Code, visit WorkSafe Victoria’s website.