If you rolled out a psychosocial risk assessment when Queensland's Code of Practice first landed in 2022 or 2023 and haven't looked at it since, it's worth another look. The Code itself has just been updated, and it now formally expects two things your risk management may not have caught up with, even if your business technically has.
This matters most if you're in a sector where psychosocial risk is already high: aged care, disability and community services, and healthcare. It also matters for any Queensland employer with more than a handful of staff.
In short
- What changed
- The Managing the risk of psychosocial hazards at work Code of Practice 2022 has been amended to reference updated sexual harassment provisions and updated issue and dispute resolution processes.
- Effective date
- 1 September 2026, for the amended Code text.
- Is this a new duty?
- No. Both underlying duties have been law since 2024 or 2025. What's new is that the Code, the actual benchmark WorkSafe measures you against, now reflects them.
General information only. Read the full disclaimer.
What's actually changed
Queensland's Managing the risk of psychosocial hazards at work Code of Practice 2022 commenced 1 April 2023 and is an approved code under the Work Health and Safety Act 2011. Duty holders must comply with it, so far as reasonably practicable, or manage the hazard to an equal or higher standard by another method.
The Code has now been amended, with the changes taking effect from 1 September 2026, to update its references to issue and dispute resolution, and to sexual harassment and sex or gender-based harassment. Neither of these is a brand new legal duty. Both have already been law for a while. What's new is that the Code has finally been rewritten to reflect them. If your risk register, policies or training still point to the 2022 or 2023 version of the Code, you're working from an out of date benchmark.
How we got here
1 April 2023
The original Code of Practice commenced.
Settled
29 July 2024
The Work Health and Safety and Other Legislation Amendment Act 2024 streamlined issue and dispute resolution, including faster pathways for HSR-related disputes.
Settled
1 September 2024
The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 required PCBUs to manage sexual harassment and gender-based harassment as a psychosocial hazard.
Settled
March 2025
The written prevention plan duty took effect wherever that risk is identified.
Settled
1 September 2026
The Code of Practice text itself was amended to catch up with all of the above.
Settled
Sexual harassment is a WHS risk, not just an HR one
Since September 2024, Queensland PCBUs have had to treat sexual harassment and sex or gender-based harassment as a psychosocial hazard, not a separate HR issue handled after the fact. Since March 2025, that's meant a written prevention plan wherever the risk is identified: one that names the hazard, documents the risk assessment, sets out control measures, and gets reviewed every time a report comes in.
The updated Code now builds this in as part of the core psychosocial framework, alongside things like workload, bullying and remote or isolated work. If your psychosocial risk register still treats sexual harassment as a conduct issue rather than a hazard to be assessed and controlled, that's the gap to close first.
Faster pathways for resolving WHS issues
The Code's issue and dispute resolution guidance has also been updated to reflect the 2024 changes. Health and safety representative matters, including training disputes and cease work directions, can now go straight to the Queensland Industrial Relations Commission instead of sitting with a WHS inspector as the only decision maker.
Statutory timeframes for a provisional improvement notice are tight: currently 4 calendar days to remedy the contravention, 3 calendar days to request an inspector's review, and 14 calendar days to apply for internal review of that decision. For most employers this is a process change rather than a new obligation, but it changes how quickly a psychosocial hazard dispute can escalate if it isn't being managed internally. A consultation and issue resolution procedure that still describes the old pathway will confuse your health and safety representatives at exactly the point you need it to work well.
Why this is worth acting on, not just noting
Mental health conditions are the fastest growing category of serious workers' compensation claim in the country.
12%
of all serious workers' compensation claims are now mental health conditions
+14.7%
increase on the year before (2022-23 to 2023-24)
+161%
increase compared with ten years ago
~5×
longer off work than other injury or illness claims
Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025 (2023-24 data).
That's the commercial case for treating this as a live risk register rather than a compliance box ticked once. The regulatory case is now sitting right alongside it: the benchmark you're assessed against has moved.
We've written before about why running resilience training while leaving the workload untouched gets the order of operations backwards under this Code. The hierarchy of controls applies to psychosocial hazards the same way it applies to physical ones, and an updated risk register is where that starts.
What to check now
Pull your current psychosocial risk register. Confirm sexual harassment and sex or gender-based harassment appear as a named hazard, not folded into a general conduct or bullying category.
Check you have a prevention plan wherever the risk is identified. It needs to name the hazard, record the risk assessment, set out controls, and be reviewed after every report, not just written once and filed.
Update your consultation and issue resolution procedure. Make sure it reflects the current HSR and dispute pathway, including the option to go directly to the Queensland Industrial Relations Commission.
Refresh manager and HSR training if it's more than a year old. Training built around the 2022 or 2023 version of the Code will be silent on both of these changes.
Where to check the latest position
The Code of Practice itself is the primary reference: Managing the risk of psychosocial hazards at work Code of Practice 2022 (WorkSafe Queensland). For the sexual harassment specific obligations, see Sexual harassment and sex or gender-based harassment.
Current as at 28 September 2026. This is general information about work health and safety changes, not advice about your situation. If you want a hand reviewing your psychosocial risk register or prevention plan, that's exactly the sort of thing we do.
Book a free consultation, or get in touch at hello@happyhumans.com.au
Disclaimer
This article is general information only. It doesn't take into account your specific circumstances and isn't a substitute for professional legal or HR advice. We make every effort to keep our Insights accurate and current, but award rates and Fair Work Commission decisions can change, and we can't guarantee this information is complete or up to date at the time you're reading it. Nothing on this page should be relied on as legal advice, and nothing here forms part of a professional engagement with happy humans.
