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24/04/2024
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22/04/2024
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Victoria in Focus by Sarah Fordyce, April 2024

We have stepped up advocacy and consultation as we seek to inform government responses to the NDIS Review.

NDS submission on proposed psychological harm regulations in Victoria

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4/04/2022

What you need to know

  • The Victorian Government has called for feedback on proposed new regulations designed to minimise mental injury in the workplace 
  • The amendments include requirements for employers to identify psychological hazards, review risk control measures, develop mental injury prevention plans, and report on incidents
  • NDS has prepared a submission based on member feedback, arguing that psychosocial hazards in the disability sector cannot be effectively managed through regulation alone and require funded training, supports, and resources  

The Victorian Government is proposing new regulations aimed at reducing and eliminating psychosocial hazards likely to cause mental injury in the workplace. 

The proposed amendments to the Victorian Occupational Health and Safety Regulations are designed to:

  • Clarify employer requirements to identify and control risks associated with psychosocial hazards
  • Require employers to put in place a written prevention plan for certain psychosocial hazards if they are identified as being present in the workplace, including aggression or violence, bullying, exposure to traumatic content or events, high job demands, and sexual harassment 
  • Require employers with more than 50 staff to periodically report data on complaints of bullying, sexual harassment, and aggression and violence to WorkSafe

Following member feedback, the NDS submission raises several concerns with the proposed amendments and notes: 

  • The likely administrative burden associated with the proposed planning and reporting requirements
  • Providers’ lack of knowledge or capacity to control some psychosocial hazards, including violence, aggression or bullying perpetrated by NDIS participants or their families/friends
  • The lack of funded initiatives to address root causes of mental injury in disability sector workplaces, including appropriately funded training and supervision to effectively manage antisocial behaviours in participants and the paucity of behaviour support practitioners 
  • The potential that these regulations may discourage organisations from providing supports to participants with a history of antisocial behaviours due to perceived business risk 

NDS is aware that occupational violence is a significant and distressing issue impacting many in the sector. We worked with a number of members and stakeholders last year to scope out a program of initiatives designed to address this complex and multilayered challenge. We continue to seek government funding for such work.

Contact information

For any enquiries, please contact Clare Hambly, Policy and Projects Officer, Quality and Safeguarding, submit enquiry/feedback, show phone number