New OHS psychological health regulations in Victoria
Deputy Premier and Minister for WorkSafe and the TAC Ben Carroll announced on October 1 that Victoria’s new Occupational Health and Safety Regulations (Psychological Health) 2025 (regulations) will commence on December 1, 2025. The new regulations require Victorian employers to:
- Identify psychosocial hazards.
- Control (eliminate or minimise) risks associated with a psychosocial hazard.
- Review risk control measures.
Examples of psychosocial hazards in the regulations include aggression or violence, bullying, exposure to traumatic events or content, poor workplace relationships, and sexual harassment.
WorkSafe has also published a Compliance Code which provides practical guidance to employers on how to discharge their duties under the OHS Act and the regulations to ensure the psychosocial health of their employees.
Employers in Victoria should review the Compliance Code and their psychosocial hazard policies, procedures and processes in preparation for commencement of the regulations.
Employees call for proactive action to workplace mental health
New data from Beyond Blue has highlighted the demand among employees for meaningful change in workplace mental health practices.
A community poll commissioned by Beyond Blue, which asked Australians about their experiences of stress and burnout in the workplace, found that:
- 88% of respondents believed burnout was an important issue for workplaces today.
- Workers pointed to systemic factors such as inappropriate workload (49%), lack of management support (32%), and inflexible working conditions (21%) as the top causes of burnout.
Beyond Blue CEO Georgie Harman AO said the key to supporting mental health in the workplace is to embed flexibility and compassion into workplace culture, as well as have visible support from leaders who model psychologically safe behaviours.
Human Rights Commission reveals workplace fairness key issue
Workplace fairness continues to be a source of complaints to the Queensland Human Rights Commission (QHRC), as seen in its annual report for 2024-25:
- 42% of accepted discrimination complaints arose in the workplace or when seeking work.
- Impairment (disability) discrimination continues to be the most accepted complaint, with 305 accepted complaints, and 99 of those in the area of work.
- Complaints about religious belief or activity increased significantly, largely driven by complaints relating to mandatory vaccination directives.
The commission accepted 81 complaints related to sexual harassment, down from 95 in 2023-24. The number of accepted complaints related to vilification reduced to 22 in 2024-25, compared to 28 the previous year. The percentage of complaints related to age discrimination increased from 5% to 7%.
Macquarie University hit with SafeWork improvement notice
Macquarie University is the latest Australian University to catch the attention of a regulator in relation to their recent restructuring.
The National Tertiary Education Union said an improvement notice was issued by WorkSafe NSW following concerns from union members over a lack of consultation in relation to the restructure. This is now the second major intervention by the safety regulator into a NSW university change process, with the University of Technology Sydney recently being ordered to halt their restructuring plans due to psychosocial hazards. The Australian National University is also currently under fire for psychosocial hazards allegedly caused by their change proposal, RenewANU.
Editorial note: These cases demonstrate an increased regulatory focus on change management in workplaces. Employers should ensure that such processes are undertaken with employee wellbeing in mind.
Merivale dropped from Good Food Guide
Merivale, Australia’s largest hospitality group, has been excluded from the Good Food Guide after allegations it exploited employees, prioritised VIP guests over staff safety, and ignored reports of sexual harassment.
Investigations have revealed claims that Merivale exploited women, encouraged them to have sex with customers, perpetuated sexual harassment and facilitated frequent drug use. Several former Merivale chefs from Mexico have also claimed that they were racially discriminated against while working for the hospitality group.
The head of Good Food noted that they have the discretion to exclude restaurants where there are serious and credible allegations that management is not providing a workspace free from harm and sexual harassment. The Swillhouse group was excluded from the Guide last year after claims arose of sexual harassment, widespread drug use and employees being marginalised for reporting sexual assaults.
New report finds GPs experience racism from colleagues and patients
The Royal Australian College of General Practitioners (RACGP) has urged a ‘comprehensive response’ to address systemic racism following a new report revealing its prevalence in Australia’s healthcare system.
The report revealed that almost one in five GPs personally experienced racism from a patient, while one in 10 experienced it from a colleague. Only six in 10 GPs felt confident to deal with such racism. President of the RACGP said that the report underscores the need for systemic change to eliminate racism and embed cultural safety for both patients and practitioners.
Worker contests dismissal following racially offensive language allegations
The Fair Work Commission (FWC) recently heard an unfair dismissal application from an employee who was terminated following a workplace altercation and allegations of using racially offensive language.
The FWC heard that the worker had repeatedly used a term he stated was a Persian greeting, which other employees understood phonetically as a racial slur. The employer also alleged the worker had used specific, racially offensive terms during exchanges with colleagues.
The FWC supported the employer’s allegations and found that attempting to recast language as banter or linguistic misunderstanding does not neutralise the impact on workplace culture. It found the employer had valid reasons for dismissal, including the altercation and the use of racially offensive language.
Bullying claims against ANU Chancellor to be investigated
Dr Vivienne Thom has been appointed to investigate claims by former ANU Council member and demographer that she experienced harassment, bullying, and mistreatment by the ANU Chancellor.
The investigation may include reviewing and considering relevant University policies concerning workplace conduct, conflict of interest and codes of conduct for employees and Council members. This investigation is to be conducted on a confidential basis, with a reporting date yet to be disclosed.
Jockey who sexually harassed teen banned from racing
An Irish jockey who sexually harassed a 16-year-old stable worker has been disqualified by the Victorian Racing Tribunal.
The jockey pleaded guilty to sexually harassing the teenage stable employee while working in Australia. Between 2023 and 2024, he sent the victim a series of inappropriate direct messages on Instagram. The Tribunal said the messages constituted sexual harassment and that the jockey was a mature man who took advantage of his position to harass a vulnerable child.
As part of the disqualification, the jockey will no longer be able to be licensed as a jockey or enter licensed premises, such as a racing stable or racecourse.
