WHS Legislation Amendment for Incident Notification

WHS Legislation Amendment for Incident Notification

by | Feb 4, 2026 | Work Health & Safety, Workplace safety

The Explanatory Memorandum for the Model WHS Legislation Amendment (Incident Notification) 2025 outlines expanded incident notification laws covering psychosocial hazards, workplace violence, sexual assault, and work-related suicide or attempts. It also clarifies employer obligations, timeframes, and the scope of notifiable incidents

Background

  • The Model WHS Act was amended in December 2025 by the Parliamentary Counsel’s Committee

  • The Explanatory Memorandum serves as a guide for regulators, employers, and workers to understand the intent and application of the amendments

Key Changes in the Amendment

1. Expanded Definition of Notifiable Incidents

  • Psychosocial hazards included: workplace violence, sexual assault, serious psychological harm, suicide, and attempted suicide

  • Extended worker absences

2. Clarification of Section 35

  • The requirement for a causal link between the incident and the workplace has been moved into the core definition of a notifiable incident

  • This ensures consistency and reduces ambiguity for Persons Conducting a Business or Undertaking (PCBUs)

3. Notification Duties

  • PCBUs must notify regulators immediately after becoming aware of a notifiable incident

  • Site preservation

  • A new duty requires PCBUs to notify other persons with corresponding duties, ensuring broader accountability

Implications for Employers and PCBUs

  • Compliance Burden - employers must update incident reporting frameworks to include psychosocial hazards.

  • Training Needs - staff must be trained to recognise and report incidents beyond physical injuries.

  • Legal Risk - failure to comply with expanded notification duties may result in penalties and reputational damage.

  • Worker Protection

Practical Guidance for Businesses

  • Review WHS Policies - ensure incident reporting procedures align with the 2025 amendments

  • Update Risk Registers - include psychosocial hazards alongside physical risks

  • Engage with Regulators - establish clear communication channels for timely notification

  • Educate Staff - provide awareness sessions on recognising psychosocial incidents

Need Help?

The Explanatory Memorandum – Model WHS Legislation Amendment (Incident Notification) 2025 represents a significant evolution in workplace safety law. For businesses, compliance requires proactive policy updates, staff training, and a stronger focus on psychosocial risk management.

 

To know more, please contact us



 

Source: SafeWork Australia

Title: Explanatory Memorandum - Incident notification legislative amendments June 2025

Read Time: 5+ minutes

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What’s a Psychosocial Risk Assessment?

What’s a Psychosocial Risk Assessment?

by | Sep 8, 2025 | Managing Psychosocial Hazards, Work Health & Safety

In 2025, psychological safety is no longer a secondary concern, having become a core workplace obligation. With updated WHS legislation now requiring Australian employers to manage psychosocial hazards with the same rigour as physical risks, psychosocial risk assessments have become essential. At ABILITY GROUP, we help organisations move beyond compliance to build workplaces that are safe, supportive, and strategically resilient.



What Is a Psychosocial Risk Assessment?

A psychosocial risk assessment is a structured process for identifying, evaluating, and controlling workplace factors that could harm mental health or wellbeing. These include:

  • High job demands or low control

  • Poor role clarity or organisational change

  • Bullying, harassment, or interpersonal conflict

  • Isolation, remote work, or lack of support

  • Exposure to traumatic events or unsafe environments

Under SafeWork Australia’s model Code of Practice, these risks must be assessed and managed using the same four-step WHS framework applied to physical hazards.

Why They Matter in 2025

Recent reforms in NSW and Victoria have elevated psychosocial risk management to a legal requirement. Employers must now:

  • Identify psychosocial hazards

  • Assess the likelihood and severity of harm

  • Implement control measures

  • Review and consult regularly

Failure to do so can result in regulatory action, increased workers’ compensation claims, and also (business/organisational) reputational damage.

In Victoria, new regulations commencing in December 2025 will require formal prevention plans and updated compliance codes for psychological health.

Suggested Approach

We support businesses with a tailored, evidence-based process and national WHS standards:

1. Workplace Audit & Hazard Identification

Review job design, leadership, culture, and environmental factors to uncover hidden psychosocial risks

2. Risk Assessment & Prioritisation

Evaluate the likelihood and impact of each hazard, helping you focus on what matters most

3. Control Planning & Implementation

Develop practical, scalable interventions, from workload redesign to peer support programs

4. Policy Integration & Documentation

Update your WHS policies, risk registers, and reporting tools to reflect 2025 compliance standards

5. Training & Engagement

Equip managers and teams with the skills to recognise, report, and respond to psychosocial risks—building a culture of care and accountability

Turning Compliance into Culture

Psychosocial risk assessments are no longer optional; they are a legal obligation and strategic necessity. As psychological injury claims rise and WHS reforms take hold, businesses should act now to protect their people and business.

ABILITY GROUP can help you:

  • Meet your legal obligations

  • Reduce risks of psychological harm

  • Reduce workers’ compensation exposure

  • Build a safer, more resilient workplace

Need help?

Contact our team to discuss.

Further Information

Source: safework Australia

Title: Identifying, assessing, controlling and reviewing

Read Time: 5+ minutes