Australia: Psychosocial risk in Queensland, what employers need to know
Queensland was one of the earlier Australian states to formally address psychosocial risk, and has continued to strengthen its requirements. For Queensland employers, the obligations are clear, enforceable, and actively monitored.
Here is what you need to know.
The foundation: Work Health and Safety Act 2011
The primary legislation governing workplace health and safety in Queensland is the Work Health and Safety Act 2011, administered by Workplace Health and Safety Queensland. Under the Act, employers, referred to as persons conducting a business or undertaking or PCBUs, have a primary duty to ensure, so far as is reasonably practicable, the health and safety of their workers. This duty explicitly includes psychological health.
The 2023 regulations and Code of Practice
Queensland adopted formal psychosocial regulations and a new Code of Practice for managing psychosocial hazards, both of which commenced on 1 April 2023. The regulations define psychosocial hazard and psychosocial risk, and clarify what matters PCBUs must consider when implementing control measures.
The Code of Practice is significant in Queensland because, unlike in some other jurisdictions, codes of practice are enforceable under Queensland WHS laws. This means employers cannot treat the Code as optional guidance. Failing to follow it can result in WHS consequences.
What employers are required to do
Queensland requires employers to manage psychosocial hazards using the standard four-step risk management process: identify hazards, assess the risks, implement controls, and review those controls regularly. This process must be ongoing, not a one-off exercise.
The duty to workers includes ensuring their health and safety from harmful acts from third parties, such as clients, visitors, or patients. This means the obligation extends beyond internal workplace culture to any interactions workers have as part of their role.
The sexual harassment prevention plan requirement
Queensland went further than the national model regulations with a significant additional obligation. From 1 March 2025, all PCBUs in Queensland are required to implement a written Sexual Harassment Prevention Plan if any psychosocial risks related to sexual harassment or sex or gender-based harassment are identified in the workplace.
Given that virtually every workplace carries some level of this risk, this requirement effectively applies to all Queensland employers. A prevention plan must be specific to the workplace, generic templates are not sufficient.
Enforcement is increasing
Inspector visits relating to psychosocial risks were expected to increase, and organisations with 200 or more workers could expect to receive a visit from an inspector, which would include a psychosocial WHS check.
This signals a clear shift in regulatory approach. Queensland employers should not wait for an incident before taking their psychosocial obligations seriously.
The WHSOLA Act 2024
The Work Health and Safety and Other Legislation Amendment Act 2024 introduced additional changes, including strengthening worker representation and participation rights. Health and Safety Representatives now have expanded powers, and workers have clearer pathways to raise concerns and escalate unresolved issues to Workplace Health and Safety Queensland.
What happens if employers do not comply?
Workplace Health and Safety Queensland can issue improvement notices, prohibition notices, and in serious cases pursue criminal prosecution. Penalties for serious WHS breaches can be significant, with substantial fines for both individuals and corporations.
How HowsWork helps
HowsWork gives Queensland employers a practical way to meet their obligations. It provides employees with a safe, anonymous channel to raise concerns, automatically builds and maintains a risk register, and helps employers demonstrate ongoing, documented management of psychosocial risk, which is exactly what Workplace Health and Safety Queensland expects to see.
