--- title: The Importance of Staff Mental Health Support and a New Law in Victoria description: "Looking after employees’ mental health, a new law in Victoria and resources from Safe Work Australia. Victorian law has recently changed regarding workplace mental injuries. It is a timely reminder for all schools about the importance of supporting staff in looking after their mental health." image: https://www.schoolgovernance.net.au/hubfs/Imported_Blog_Media/shutterstock_1489697975.jpg --- Latest Guide | Transform how you manage policies with our interactive guide [![Ideagen School Governance Horizontal 2024](https://www.schoolgovernance.net.au/hubfs/Ideagen%20School%20Governance%20Horizontal%202024.svg "Ideagen School Governance Horizontal 2024")](https://www.schoolgovernance.net.au) * * Search ** Search [![Subscribe](https://no-cache.hubspot.com/cta/default/3786587/5eb7c708-5720-4c0c-874c-53f035b1dac7.png)](https://cta-redirect.hubspot.com/cta/redirect/3786587/5eb7c708-5720-4c0c-874c-53f035b1dac7) - [ Boarding Schools ](https://www.schoolgovernance.net.au/news/tag/boarding-schools) - [ COVID-19/Coronavirus ](https://www.schoolgovernance.net.au/news/tag/covid-19-coronavirus) - [ Child Protection ](https://www.schoolgovernance.net.au/news/tag/child-protection) - [ Early Learning ](https://www.schoolgovernance.net.au/news/tag/early-learning) - [ Excursions ](https://www.schoolgovernance.net.au/news/tag/excursions) - [ Gov, Risk and Compliance ](https://www.schoolgovernance.net.au/news/tag/governance-risk-compliance) - [ Human Resources ](https://www.schoolgovernance.net.au/news/tag/human-resources) - [ Overseas Students ](https://www.schoolgovernance.net.au/news/tag/overseas-students) - [ Privacy & Complaints Handling ](https://www.schoolgovernance.net.au/news/tag/privacy-complaints-handling) - [ School Gov & Executives ](https://www.schoolgovernance.net.au/news/tag/school-governance-executives) - [ School Registration ](https://www.schoolgovernance.net.au/news/tag/school-registration) - [ Social Media ](https://www.schoolgovernance.net.au/news/tag/social-media) - [ Student Wellbeing ](https://www.schoolgovernance.net.au/news/tag/student-wellbeing) - [ Workplace Safety ](https://www.schoolgovernance.net.au/news/tag/workplace-safety) - [ Weekly Wrap ](https://www.schoolgovernance.net.au/news/tag/weekly-wrap) ## The Importance of Staff Mental Health Support and a New Law in Victoria 6/10/21 ![Resources](https://www.schoolgovernance.net.au/hubfs/Imported_Blog_Media/shutterstock_1489697975.jpg) NSW Managing the mental health of staff in the workplace is a growing issue in size and importance from [before](https://www.safeworkaustralia.gov.au/topic/mental-health#mental-health-in-the-workplace), as well as [during](https://www.mja.com.au/journal/2020/213/10/mental-health-people-australia-first-month-covid-19-restrictions-national), the COVID-19 pandemic. While mental health injuries are recognised in workers’ compensation laws, and in national data collected by [Safe Work Australia](https://www.safeworkaustralia.gov.au/topic/mental-health#workers-compensation-and-work-related), occupational health and safety (OHS/WHS/OSH) laws in Australia have been less explicit about addressing the mental and psychological health of workers. In Victoria, a recent change in the law requires employers to be more responsive than ever before. It is a timely reminder for all schools in Australia about how crucial it is to create strong support systems to reduce the risk of mental ill-health.   This article will explain the new law in Victoria, its impact on Australian schools and how schools can better support staff mental health.  ### **New Law in Victoria** To better support people with workplace mental injuries in their recovery and return to work, the Victorian Parliament passed the [Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 (Vic) ](https://www.legislation.vic.gov.au/as-made/acts/workplace-injury-rehabilitation-and-compensation-amendment-provisional-payments-act)earlier this year. It has now been operating since 1 July 2021.     The new law set up a payment scheme to help workers and eligible volunteers more quickly access treatment for workplace mental injuries before any related claims for financial compensation are either accepted or rejected. This is important as, in Victoria, the number of mental injury claims is [increasing](https://parliament.vic.gov.au/file_uploads/WorkSafe_Annual_Report_2020_-_final_-_29_October_2020_Vg6ZWVKm.pdf) and primary mental injury claims take on average [27 days](https://www.worksafe.vic.gov.au/victorias-new-provisional-payments-work-related-mental-injuries) to determine. In contrast, physical injury claims usually take around seven days. Additionally, the Productivity Commission’s inquiry report [Mental Health](https://www.pc.gov.au/inquiries/completed/mental-health/report/mental-health-volume2.pdf), released in June 2020, and the [Royal Commission into Victoria’s Mental Health System, Final Report, Summary and recommendations,](https://finalreport.rcvmhs.vic.gov.au/download-report/)released in February 2021, have found that providing support earlier to those suffering a mental injury increases the chance that they will return to work earlier and that their illness will have a less severe impact on them.    Similar schemes exist in other states, such as [NSW provisional liability arrangements](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/legislation-and-regulatory-instruments/guidelines/workers-compensation-guidelines#part-2), [South Australia interim payments](https://lawhandbook.sa.gov.au/ch01s04s01s01.php) and [Tasmania “without prejudice” payments](https://worksafe.tas.gov.au/topics/compensation/workers-compensation/information-for-employers/making-workers-compensation-payments).  ### **Impact on Victorian Schools** Under this new law, employers in Victoria must notify their insurer of mental injury claims made by staff within three business days of them receiving each claim. From 1 January 2022, penalties of more than $54,000 can apply if this requirement is not met.    To stay compliant, Victorian schools should:  - update formally their claim management process, as reflected in their internal policy and procedure documents, to ensure that the new requirement is met and that all claims processed are well-documented - seek to make relevant staff aware of, and prepared for, the changes - use the latest Work Safe Vic [Worker's injury claim form](https://www.worksafe.vic.gov.au/resources/workers-injury-claim-form) and employer injury [Employer injury claim report](https://www.worksafe.vic.gov.au/resources/employer-injury-claim-report)   - display the mandatory [If you are injured at work posters](https://www.worksafe.vic.gov.au/if-you-are-injured-work-posters) in the workplace  - dispose of any outdated forms or posters.   Schools in other states and territories should similarly review their OHS/WHS/OSH policies and procedures, to check that they meet current legal requirements and to support better outcomes for their staff. The number of days in which employers must forward mental injury claims varies slightly between jurisdictions. For example, in NSW it is within [seven days](https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-086#sec.69) while in Tasmania it is [three days](https://www.legislation.tas.gov.au/view/html/inforce/current/act-1988-004#GS143A@EN).    ### **Supporting Staff Mental Health** The work of an organisation is only as good as its workers. As such, schools should help look after their staff’s mental health so that both the school and its staff can perform well. By helping staff stay mentally healthy, schools can [benefit](https://www.safeworkaustralia.gov.au/doc/work-related-psychological-health-and-safety-systematic-approach-meeting-your-duties) from less disruption, reduced staff absences, fewer costs from workplace mental injury, higher staff satisfaction and productivity, and an improved reputation as an employer of choice. To do this, schools should first identify risk factors that may negatively impact staff mental health, before creating controls to combat them.    Safe Work Australia, the national policy body jointly funded by federal, state and territory governments, provides a key resource for employers entitled [Work-related psychological health and safety: A systematic approach to meeting your duties guide. ](https://www.safeworkaustralia.gov.au/doc/work-related-psychological-health-and-safety-systematic-approach-meeting-your-duties)The systematic approach it outlines is a comprehensive way of looking after mental health and safety. It includes three main stages, which the Guide explains in greater detail:  - Preventing mental harm – this involves identifying risks, assessing them, and creating safer ways of working in consultation with workers. - Intervening early to support staff most at risk of injury – this often involves regularly reviewing and improving controls, fostering a people-oriented organisational culture, encouraging disclosure of difficulties, adjusting work duties for those showing early signs of work-related stress, and providing early assistance to vulnerable workers in accessing appropriate mental health services. - Supporting recovery for those injured – this involves helping workers receive relevant treatment and rehabilitation services from the time that a claim is lodged, as well as supporting timely and sustainable recovery at or return to work (RAW/RTW) in consultation with the injured individual. Central to the systematic approach is also the “inner circle”. This includes activities that should be undertaken continually throughout all three stages, such as equipping workers with the training, information, and supervision to do their jobs safely, as well as ensuring workplace management commits to following OHS/WHS/OSH laws and demonstrating due diligence.    In addition to the systematic approach, Safe Work Australia notes that a general health promotion strategy can be very helpful to enhance staff wellbeing and mental health. This can include a greater workplace focus on physically and mentally healthy lifestyles, personal development and learning, and non-work-related factors generally. However, it should never be used entirely in place of actual OHS/WHS/OSH risk assessment and management. Indeed, doing so would be a failure to meet legal requirements for organisations and undermine the effectiveness of any health promotion initiatives.    Safe Work Australia has provided another helpful resource for supporting staff mental health with a free online [People at Work](https://www.peopleatwork.gov.au/) tool to help organisations monitor mental health in the workplace. In line with nationwide OHS/WHS/OSH requirements of worker consultation, it guides organisations in quickly setting up an engaging and confidential survey to gain staff feedback on mental health and safety in the workplace. Once employers close the survey, it then provides both a detailed and an overview report of results, as well as information on how they can organise focus groups to gain deeper insights and discuss solutions. Finally, it helps employers create an action plan to implement and document activities undertaken to control risks and improve work-related mental health outcomes. To maximise its effectiveness, Safe Work Australia advises that the process be repeated every 12 to 18 months, to ensure organisations’ OHS/WHS/OSH policies and programs consistently address their staff’s needs over time.   Another useful resource is the [Code of Practice: Managing psychosocial hazards at work](https://www.safework.nsw.gov.au/resource-library/list-of-all-codes-of-practice/codes-of-practice/managing-psychosocial-hazards-at-work) developed by SafeWork NSW. Finally, during the tumultuous and trying time of a global pandemic, it is especially important that schools provide empathetic leadership. Some critical ways of supporting staff include:    - considering flexible working arrangements such as flexible work hours, and how [good work design](https://www.safeworkaustralia.gov.au/doc/handbook-principles-good-work-design) such as job rotation can help staff manage their work and caring duties - regularly communicating with staff, reminding them that it’s okay to not be okay - encouraging staff to use school support services to stay mentally healthy, such as an Employee Assistance Program (EAP) if it is available, with a central point of contact for staff to approach if they have any concerns - sharing free services such as:                  - telephone support from [Beyond Blue](https://www.beyondblue.org.au/get-support/get-immediate-support), [Lifeline](https://www.lifelinewa.org.au/) and [Mensline Australia](https://mensline.org.au/)                  - mental health coaching support program [NewAccess](https://www.beyondblue.org.au/get-support/newaccess)                  - mindfulness and meditation apps [Headspace](https://www.headspace.com/headspace-meditation-app) and [Smiling Mind](https://www.smilingmind.com.au/thrive-inside)                  - personalised self-help tools [myCompass](https://www.mycompass.org.au/) and [Moodgym](https://moodgym.com.au/).   ### **What Can Your School Do?** The new Victorian requirement highlights the urgency and importance of addressing mental health issues in schools for staff. To stay compliant, schools should ideally update their policies and procedures to ensure that they report all workplace mental injury claims to insurers in no more than three business days. Further, it is in their interests to proactively protect staff mental health by implementing Safe Work Australia’s systematic approach to managing mental health safety, health promotion initiatives and empathetic leadership. This will help to ensure better wellbeing at work and minimise potential claims for workplace mental injuries.    ###### Share this [mailto:?subject=Check%20out%20https://www.schoolgovernance.net.au/news/the-importance-of-staff-mental-health-support-and-a-new-law-in-victoria%20&body=Check%20out%20https://www.schoolgovernance.net.au/news/the-importance-of-staff-mental-health-support-and-a-new-law-in-victoria](mailto:?subject=Check%20out%20https://www.schoolgovernance.net.au/news/the-importance-of-staff-mental-health-support-and-a-new-law-in-victoria%20&body=Check%20out%20https://www.schoolgovernance.net.au/news/the-importance-of-staff-mental-health-support-and-a-new-law-in-victoria) ##### About the Author ![](https://www.schoolgovernance.net.au/hubfs/lg_yHT8DjN7VA5j3_small_1567998299.png) **Jaclyn Ling** Jaclyn is a Legal Content Associate at Ideagen CompliSpace. A recent graduate from Macquarie University in Sydney, she holds a double Bachelor's degree in Commerce and Law (Honours). ## Resources you may like ###### Article ##### Setting your boarding staff up for success: why policy clarity matters Boarding governance touches on child safety, complaints handling, student health, and much more.... 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