Who must comply with Psychosocial Hazards Code of Practice (model + jurisdictional)?
The applicability test for Psychosocial Hazards Code of Practice (model + jurisdictional) (SafeWork NSW, WorkSafe Victoria and WHSQ), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Some businesses
Applies when the business has employees, contractors or labour hire.
What the obligation is
PCBUs must manage psychosocial risk under WHS Acts + state codes.
Safe Work Australia Model Code of Practice — Managing Psychosocial Hazards at Work approved 2022; jurisdictions phasing into 2024-2025. Risk management framework required.
The applicability test
Applies when the business has employees, contractors or labour hire.
How the regulator frames it: All PCBUs.
What triggers it: Psychosocial risk in workplace.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (35 of 35: depends on size or structure).
The answer is the same in every industry: depends on size or structure. Industry does not change who must comply.
Business structure and size
Structure does not change the answer across all industries: for every structure the answer is "depends on size or structure".
| Size band | Answer across all industries, any structure |
|---|---|
| No employees (turnover $100K–$1M) | No |
| 1–5 employees (turnover $100K–$1M) | Yes |
| 6–19 employees (turnover $1M–$3M) | Yes |
| 20–99 employees (turnover $3M–$10M) | Yes |
| 100–499 employees (turnover $10M–$100M) | Yes |
| 500+ employees (turnover $100M–$1B) | Yes |
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. You have employees (6–19)
- Pty Ltd company in real estate agents with no employees, turnover $100K–$1M: does not apply. Requires employees, contractors or labour hire.
What you must do, and when
- When due
- Continuous risk management.
- Frequency
- Ongoing
- Evidence to keep
- Risk assessment + control measures + monitoring.
- Status
- Current
- Priority
- High
Penalty for not complying
No maximum penalty is recorded for this obligation in the Rules Mate corpus; check the regulator source below.
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Obligations with the same applicability test
If this obligation applies to you, so do these 2: the engine uses the same rule for each.
Where it sits in the corpus
Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated high priority, and is an ongoing duty.
Regulator, legislation and tools
Regulated by SafeWork NSW, WorkSafe Victoria and Workplace Health and Safety Queensland.
SafeWork NSW: WHS regulator and workers' compensation insurer for NSW.
WorkSafe Victoria: Victorian WHS regulator and workers' compensation insurer (WorkCover scheme).
WHSQ: Queensland WHS regulator.
Model WHS Act: Model federal WHS Act adopted (with variations) in NSW, Qld, SA, Tas, ACT, NT, Commonwealth (Comcare).
Free tools that help with this obligation:
Questions
- Who must comply with Psychosocial Hazards Code of Practice (model + jurisdictional)?
- Applies when the business has employees, contractors or labour hire.
- Does Psychosocial Hazards Code of Practice (model + jurisdictional) apply to sole traders?
- Depends on size or structure. Across every industry and every size band, the engine's answer for a sole trader is: depends on size or structure.
- Does Psychosocial Hazards Code of Practice (model + jurisdictional) apply to businesses with 1–5 employees?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "Psychosocial Hazards Code of Practice (model + jurisdictional)" due?
- Continuous risk management.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.