On 19 February 2026, SafeWork SA introduced the ‘Managing Psychosocial Hazards at Work’ and ‘Sexual and Gender Based Harassment’ Codes of Practice.

The introduction of these Codes of Practice aligns with a broader national shift towards addressing psychosocial hazards in the workplace, with the Codes being based on the national Model Code of Practice.

Given the tendency for injuries arising from psychosocial risks to “have longer recovery times, higher costs and require more time away from work”, such guidance is focused on prevention of such hazards in the workplace.¹

Employers are required, by law, to eliminate psychosocial risks in the workplace, and where it is not reasonably practicable to do so, minimise those risks.

The Codes of Practice do not change this obligation, but provide further clarity.

The ‘Managing Psychosocial Hazards’ Code defines 17 common hazards, which include harmful workplace behaviours including bullying, sexual harassment and fatigue, with detailed descriptions and examples in respect of each hazard.

The Code also steps employers through a four step risk management process as follows:

• identify psychosocial hazards;
• assess the risks;
• implement control measures; and
• review and monitor control measures.

The Code provides guidance to employers in responding to reports, complaints or incidents arising from psychosocial hazards in the workplace and sets out principles that can be applied in doing so, such as ensuring immediate support and safety, where appropriate, and using a trauma-informed approach in responding to such reports.

The Code sets out how to conduct a work health and safety investigation in response to incidents involving psychosocial hazards that provides guidance around the nature of the investigation, how to select an appropriate investigator and ensuring procedural fairness in investigations.

The ‘Sexual and Gender Based Harassment’ Code also provides definitions and descriptions on harassment based upon gender and sex in the workplace.

The Code recommends businesses establish a mechanism for reporting sexual and gender-based harassment, including by those who experience or witness such harassment. The Code encourages employers to specifically consider the needs of vulnerable workers when developing reporting mechanisms, such as those who are inexperienced, migrant workers, workers who may face intersectional discrimination, and workers who are in less secure forms of employment.

It is noted within the Code that such harassment is also a psychosocial hazard and sets out relevant considerations in determining control measures as required by the Work Health and Safety Regulations 2012 (SA).

The Codes provide practical guidance for employers to meet their duties as contained in work health and safety legislation.

While Codes of Practice are not legally binding, they have a recognised status under the Work Health and Safety Act 2012 (SA). An approved Code of Practice provides practical guidance on how to comply with work health and safety duties and is admissible in court proceedings as evidence of what is known about a hazard, risk or control. Courts may have regard to a Code when determining what is reasonably practicable in the circumstances.

Consequently, while duty holders are not strictly required to follow a Code, if they choose to adopt an alternative approach, they must be able to demonstrate that it provides an equivalent or higher standard of health and safety than that set out in the Code.

Employers should take proactive steps to familiarise themselves with the Codes and ensure their approach to managing such risks in the workplace are aligned with the Codes, including:

• reviewing and updating WHS policies and procedures, including in respect of complaint management;
• maintaining clear records of risk assessments, control measures and review processes; and
• providing training and ensuring awareness of the Codes to officers, managers and workers to ensure each understand their roles in managing and addressing such risks.

This article was written by Jessica Nicholls, Partner, and Elizabeth Macey, Special Counsel.

¹ Tools to help manage psychosocial risks at work, SafeWork SA, 20 February 2026.