DENTONS
Australia shows what enforcement looks like. New Zealand boards need leading indicators before psychosocial harm shows up.
If your organisation operates in Australia, or if you are watching where New Zealand employment law is developing, psychosocial risk (PSR) belongs on your board agenda. It should be treated as a risk to be identified, controlled, monitored and reported, rather than as a once-a-year wellbeing update.
Australia has moved decisively. In New South Wales alone, nearly one in five workplace complaints is now psychosocial. SafeWork NSW recorded more than 1,400 requests for service related to psychosocial harm in just six months last year.
The New South Wales Government has committed $344 million to workplace mental health, added 20 dedicated psychosocial inspectors, and tightened the regulatory framework so that psychosocial risks must be managed through the same hierarchy of controls applied to physical hazards.
According to Safe Work Australia’s most recent published figures, workers’ compensation claims for mental health conditions cost a median of $58,615 per serious claim, compared with $15,743 for physical injuries. Enforcement is active, and the direction of regulatory travel in New Zealand is consistent with where Australia has already arrived.
New Zealand organisations do not need to wait for legislation to catch up. The duty to protect workers’ psychological health already exists under the Health and Safety at Work Act 2015. Australia demonstrates what active enforcement looks like and what it costs when organisations are caught without systems in place. The question for New Zealand boards is whether they can show how that risk is being managed.
Psychosocial risk sits at the intersection of health and safety, employment law, organisational design and culture. That makes it complex to govern. One executive I spoke with recently described it as an intangible, sensitive space, with rising legal and personal grievance exposure, where leaders and boards feel unsure how to get the right mitigations in place.
Part of the complexity is structural. Most workforce health reporting to boards relies on lagging indicators: exit interview themes, sick leave trends and quarterly Employee Assistance Programme (EAP) utilisation rates.
By the time these signals surface, the harm has often already occurred. Organisations need leading indicators, including real-time data on how work is actually being done, not only a retrospective picture of what went wrong.
There is also a tendency to treat psychosocial risk as an HR or EAP problem. It is not. Psychosocial hazards arise from how work is designed, managed and experienced: excessive job demands, unclear expectations, poor communication, lack of support and exposure to difficult behaviour.
These are structural and systemic issues. They can result from governance and leadership decisions about workloads, restructures, AI-driven role change and redundancies. The economic environment, with its overlay of geopolitical uncertainty, rapid technological change and cost pressure, is actively generating new psychosocial hazards.
Organisations getting this right are not running psychosocial risk as a compliance checklist. They are treating it as an organisational risk with identifiable hazards, measurable indicators and active management.In practice, boards should expect to see:
Workforces are absorbing economic uncertainty, geopolitical instability, post-pandemic fatigue and rapid technological change at the same time. Boards are moving from one crisis to the next. Employees often are, too. Psychosocial risk has legal, financial and reputational consequences. It also tests whether an organisation understands how work is being experienced by its people. The organisations that build proactive, data-led approaches to psychosocial risk now will be better placed legally and commercially than those waiting for a claim to prompt action. Handled well, this work can also support better performance and retention.
Kim Severinsen is Chief Science Officer at Groov, a New Zealand-based organisational intelligence and wellbeing platform. Groov works with organisations to understand and improve workforce health, performance, and psychosocial risk through data-led diagnostics and proactive support.