Psychosocial hazards in New South Wales

New South Wales has required employers to manage psychosocial risks since 1 October 2022. What changed recently is how the Code of Practice is treated.

Codes of Practice are now a legal duty

Since 1 July 2026, section 26A of the Work Health and Safety Act 2011 (NSW) means a PCBU must either comply with an approved Code of Practice, or manage the hazard in a way that achieves a standard of health and safety equivalent to or higher than the standard required under the code.

Managing psychosocial hazards at work is an approved code. It has moved from guidance you could reasonably depart from, to the benchmark you are measured against.

The hierarchy of control now applies

Under the Work Health and Safety Regulation 2025, the hierarchy of control measures applies to psychosocial risks. Previously they were expressly carved out. Practically, this means policies, training and an employee assistance program are lower-order controls and are unlikely to carry the compliance load on their own.

What the NSW code says about surveys

The code is permissive, not prescriptive. It says that if you choose to conduct workplace surveys, giving workers the option to respond anonymously may improve response rates and the quality of information you receive. It does not require a survey.

It is unambiguous on consultation though: a PCBU must consult, at each step of the risk management process, workers who carry out work for them and who are or are likely to be affected, and their health and safety representatives.

Records

Keeping a risk register is described in the code as optional but helpful. The code also notes that an inspector may ask to see records and ask about your processes, and that a PCBU should be able to demonstrate how psychosocial hazards and incidents raised by workers have been managed. If there is no written record, an inspector could instead seek statements from affected workers.

Enforcement posture

SafeWork NSW appointed 20 dedicated psychosocial and mental health inspectors in March 2026, and psychosocial risk is one of its enforcement priorities. Psychosocial hazards now account for a substantial share of complaints received.

Worth knowing: in a 2026 decision, the Industrial Relations Commission upheld psychosocial improvement notices issued over a disciplinary investigation process, and confirmed that organisational size does not exempt an employer from compliance.

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Other states: Victoria · Queensland

This page is general information, not legal advice. Check SafeWork NSW for the current position.