Queensland's Psychosocial Hazards Legislation

TL;DR

• Queensland's psychosocial hazard laws sit under the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld), with an enforceable Code of Practice that commenced 1 April 2023
• The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 added major new obligations, including mandatory written prevention plans for sexual harassment and sex or gender-based harassment, required from 1 March 2025
• All Queensland employers — including small businesses — must follow a four-step risk management process: identify, assess, control, and review
• The hierarchy of controls applies to psychosocial risks just as it does to physical hazards
• Officers and directors carry their own due diligence obligations under the WHS Act, separate from the PCBU duty
• Non-compliance can result in fines of up to $3 million for corporations and imprisonment for individuals
• Queensland's framework now exceeds the national model, making it the most comprehensive psychosocial safety regime in Australia

What Are Psychosocial Hazards Under Queensland Law?

Psychosocial hazards are workplace factors that arise from the design or management of work, the work environment, equipment, or workplace interactions and behaviours, and that may cause psychological or physical harm to workers. This definition comes directly from the Work Health and Safety Regulation 2011 (Qld) and is the foundational concept that underpins all of Queensland's psychosocial safety obligations.

The key distinction is that psychological harm is treated as equally serious as physical injury. A worker does not need to sustain a visible physical injury for a psychosocial hazard to be in breach of the law. Prolonged exposure to low-level stressors, poor management practices, or a hostile team environment can each constitute a hazard requiring active management.

Why psychosocial hazards are harder to spot than physical ones

Unlike a broken handrail or a chemical spill, psychosocial hazards are often cumulative, intermittent, or invisible. A single stressful event may cause immediate harm. More commonly, hazards present at low levels over an extended period and gradually accumulate to affect psychological health. In many cases, multiple hazards interact and compound each other's effect, which is why Queensland's Code of Practice requires them to be considered together rather than in isolation.

Queensland's Legal Framework: The Acts, Regulations, and Code

Queensland's psychosocial safety obligations operate across three layers of law.

The Work Health and Safety Act 2011 (Qld) establishes the primary duty. Under this Act, a person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers while at work. Health is explicitly defined to include both physical and psychological health.

The Work Health and Safety Regulation 2011 (Qld) was amended to include specific provisions for psychosocial hazards (regulations 55A to 55H). These provisions define key terms, set out what PCBUs must consider when determining control measures, and establish the mandatory prevention plan requirement for sexual harassment and sex or gender-based harassment under regulation 55BA.

The Managing the Risk of Psychosocial Hazards at Work Code of Practice 2022, approved under the WHS Act and enforceable from 1 April 2023, provides practical guidance on how PCBUs must meet their existing obligations. It is not aspirational guidance. Under Queensland WHS laws, PCBUs must comply with an approved code of practice so far as is reasonably practicable, or follow another approach that provides an equivalent or higher standard of protection.

How Queensland compares to other Australian states

Queensland now operates the most comprehensive psychosocial safety framework in Australia. While all other jurisdictions have adopted model WHS regulations (regulations 55A to 55D), Queensland added three additional regulations (55BA, 55E to 55H) creating specific obligations around sexual harassment prevention. The 2024 Amendment Regulation described below goes further still, making Queensland the first and only jurisdiction to require mandatory written prevention plans.

The 2024 Amendment: Queensland's Nation-Leading Sexual Harassment Obligations

The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 is the most significant change to Queensland psychosocial law since the Code commenced. It introduced obligations that apply in two phases.

Phase 1, effective 1 September 2024: PCBUs in Queensland must expressly and proactively identify risks associated with sexual harassment and sex or gender-based harassment as part of their psychosocial risk management obligations. This is a positive duty, meaning action is required before an incident occurs, not in response to a complaint.

Phase 2, effective 1 March 2025: All Queensland businesses that identify sexual harassment or sex or gender-based harassment risks must have a written prevention plan in place. Because virtually every Queensland workplace carries some risk of sexual harassment, this requirement effectively applies to all Queensland employers regardless of size or industry.

What a Queensland sexual harassment prevention plan must contain

A compliant prevention plan must be in writing and include all of the following elements:

1. Each specific sexual harassment or sex or gender-based harassment risk identified in the workplace
2. The control measures implemented or to be implemented to manage each identified risk, selected in accordance with the hierarchy of controls
3. The risk assessment factors considered when determining those controls, including worker characteristics (age, gender, sexual orientation, disability) and workplace characteristics (culture, diversity levels, interaction with non-employees such as customers, clients, and visitors)
4. A description of how the PCBU consulted with workers in developing the plan
5. Clear procedures for dealing with reports, including how to make a report, how investigations will be conducted, how results will be communicated to those involved, and how disclosers will be protected
6. Evidence that the plan is easily accessible and understandable to all workers

Prevention plans must be reviewed at least every three years, after any report of sexual harassment or sex or gender-based harassment is received, and upon request from a health and safety committee or health and safety representative (HSR).

Who Has Duties Under Queensland's Psychosocial Laws?

PCBUs

A PCBU is the primary duty holder. The duty applies to all Queensland workplaces covered by the WHS Act, including employers of every size, contractors, labour hire businesses, and the self-employed. The Code and Regulations apply to workers, contractors, subcontractors, apprentices and trainees, work experience students, and volunteers. Notably, the PCBU's duty extends to protecting workers from harmful acts by third parties — including clients, customers, patients, and visitors.

Certain Queensland workplaces are exempt: mining and resources workplaces fall under separate legislation managed by Resources Safety and Health Queensland (RSHQ), and Commonwealth government agencies fall under Comcare jurisdiction.

Officers and directors

Officers of a PCBU carry their own personal due diligence obligations under section 27 of the WHS Act, separate from the PCBU duty. An officer must actively exercise due diligence, which requires them to acquire and keep up-to-date knowledge of psychosocial risks associated with their organisation's operations, gain an understanding of the psychosocial hazards specific to their industry, ensure the organisation has appropriate processes for identifying and responding to psychosocial incidents and hazards in a timely way, and verify that adequate resources and processes are in place and being used.

These obligations are personal. An officer cannot discharge their duty simply by relying on a subordinate to manage psychosocial risk.

Workers

Workers share responsibility for psychosocial safety. Under the WHS Act, workers must take reasonable care for their own psychological health and safety, ensure their actions do not adversely affect the health and safety of others, and comply with the PCBU's reasonable instructions and procedures, including those that manage bullying and harassment risks.

The Four-Step Risk Management Process For Queensland Entitiesl

Queensland requires PCBUs to manage psychosocial hazards using the same four-step process applied to all WHS risks. Worker and HSR consultation is required at every step, and the process must be ongoing, not a one-off exercise.

Step 1: Identify hazards

Survey workers, review incident reports, turnover data, and EAP usage. Look at work design, team interactions, and high-risk arrangements like FIFO, shift work, and remote roles. See Foremind's guide to psychosocial hazard examples for a full breakdown. Workers and HSRs must be consulted genuinely at this stage, not as a formality.

Step 2: Assess the risk

Weigh severity, likelihood, duration of exposure, and whether hazards are interacting or compounding. Conduct a formal psychosocial risk assessment where risk levels or appropriate controls are unclear.

Step 3: Control the risks

Apply the hierarchy of controls from highest protection down: elimination, substitution, engineering controls, administrative controls, then behavioural measures. Queensland requires higher-order controls to be prioritised. Training alone is not sufficient where more effective measures are available.

Step 4: Review controls

Review regularly, after any incident, and following significant workplace changes. Document everything. Your records are your evidence of compliance with the WHS Act and Regulation.

Queensland-Specific Risk Factors Employers Need to Know

Queensland's workforce and geography create psychosocial risk profiles that differ significantly from other states. These sector-specific factors should inform your hazard identification process.

FIFO and remote work is particularly prevalent in Queensland's mining, resources, and agriculture sectors. Workers in these arrangements face compounding risks from social isolation, extended shifts, disrupted family relationships, and limited access to support services. The Code's obligations around remote and isolated work set out specific steps PCBUs must take to manage these risks.

Healthcare and aged care workers face high emotional demands, exposure to traumatic events, patient violence and aggression, and shift-work fatigue. These are among the leading causes of psychological injury claims in Queensland.

Queensland teachers and education staff experience significant workload pressure, challenging student and community interactions, and administrative burden. The rate of teacher burnout in Australia reflects an industry-wide psychosocial hazard that education employers must now actively manage.

Construction faces strong cultural barriers to help-seeking, high physical job demands, and job uncertainty from project-based work. The psychosocial risks in Queensland's construction sector require targeted controls that go beyond standard safety induction.

Penalties for Non-Compliance in Queensland

Failing to manage psychosocial hazards can result in enforcement action by Workplace Health and Safety Queensland (WHSQ) and significant penalties. WHSQ uses compliance advice, improvement notices, prohibition notices, and prosecution for serious or persistent non-compliance.

Penalty figures below should be verified against current Queensland WHS legislation before publishing, as penalty unit values are subject to annual adjustment.

Category 1 offences (reckless conduct causing risk of death or serious injury): up to $3,000,000 for corporations, up to $600,000 and/or 5 years imprisonment for individuals.

Category 2 offences (failure to comply with a WHS duty exposing persons to risk): up to $1,500,000 for corporations, up to $300,000 for individuals.

Category 3 offences (failure to comply with a WHS duty): up to $500,000 for corporations, up to $100,000 for individuals.

Failure to have a compliant written prevention plan: up to $9,678 per breach.

Beyond formal penalties, mental health compensation claims are rising year on year in Queensland. Psychological injury claims typically result in longer absences and higher costs than physical injury claims, making prevention a clear financial priority alongside the legal obligation.

Practical Steps for Queensland Employers: Where to Start

First, check whether you have identified sexual harassment and sex or gender-based harassment risks. If you have, and you do not yet have a written prevention plan, this is a current legal requirement that has been in effect since 1 March 2025. The Office of Industrial Relations Queensland provides a prevention plan template and guidance materials available on their website.

Beyond the prevention plan, conduct a full psychosocial risk audit using the four-step process. WHSQ's free People at Work survey tool is a validated psychosocial risk assessment instrument available to all Queensland workplaces.

Review existing policies covering bullying, harassment, complaints handling, and psychological safety to ensure they align with the Code. Understanding how your obligations sit within the national picture can help prioritise where to focus effort first.

Consult workers and HSRs genuinely at every step. Then document everything — hazard identification, risk assessments, controls, prevention plans, consultation, training, and reviews.

Frequently Asked Questions

What legislation governs psychosocial hazards in Queensland?

Queensland's psychosocial hazard obligations sit under the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld), supported by the Managing the Risk of Psychosocial Hazards at Work Code of Practice 2022. The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 added further requirements, making Queensland the most comprehensive psychosocial safety framework in Australia.

Is the Code of Practice 2022 legally enforceable?

Yes. The Code has been enforceable since 1 April 2023. PCBUs must either comply with the Code or demonstrate they are meeting an equivalent or higher standard through an alternative approach. Non-compliance can result in enforcement action and prosecution by WHSQ.

Does Queensland require a written sexual harassment prevention plan?

Yes. From 1 March 2025, all Queensland PCBUs that identify risks of sexual harassment or sex or gender-based harassment must have a written prevention plan in place. Because virtually every workplace carries some risk, this requirement effectively applies to all Queensland employers regardless of size. Plans must be reviewed at least every three years.

What must a Queensland sexual harassment prevention plan include?

A compliant plan must identify each specific risk, document control measures selected using the hierarchy of controls, record the risk assessment factors considered, describe the consultation process used with workers, set out clear reporting procedures, and be easily accessible to all workers. The Office of Industrial Relations Queensland provides a template to assist employers.

What are the penalties for non-compliance in Queensland?

Category 1 offences can result in fines of up to $3 million for corporations and up to $600,000 and/or five years imprisonment for individuals. Category 2 failures can attract fines of up to $1.5 million for corporations. Failure to have a compliant written prevention plan can result in fines of up to $9,678 per breach. Always verify current figures against the Queensland WHS legislation.

What is the four-step risk management process for psychosocial hazards?

Queensland PCBUs must identify psychosocial hazards, assess the risk they present, implement control measures using the hierarchy of controls, and review those controls regularly. Worker consultation is required at every step. This is an ongoing obligation, not a one-off compliance activity.

Do these laws apply to small businesses in Queensland?

Yes. The WHS Act, Regulation, and Code apply to all Queensland PCBUs regardless of size. There is no minimum employee threshold. WHSQ and the Office of Industrial Relations provide dedicated small business resources including a psychological health and safety guide tailored for smaller organisations.

How is Queensland different from other Australian states on psychosocial safety?

Queensland is the only Australian jurisdiction that requires mandatory written prevention plans for sexual harassment and sex or gender-based harassment. All other states operate under the national model WHS regulations (55A to 55D), which require psychosocial risk management but do not mandate prevention plans.

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If your organisation is working through Queensland's psychosocial hazard requirements and needs practical support, Foremind's platform is built to help. From risk assessments and anonymous reporting to EAP integration and compliance tracking, Foremind gives Queensland employers the tools to meet their obligations and build genuinely healthier workplaces.