According to Australian legislation, the utilization of EAPs is not mandated. Or, to put it another way, a corporation will not be in difficulty just because it does not have one. Nevertheless, according to the Work Health and Safety Act of 2011, businesses are obligated to ensure that their workplaces are risk-free and do not present any health hazards, including those that might affect mental health. In the realm of mental health, regulators consider dangers such as anxiety, harassment, and trauma to be risks that require attention and management. In the event that there is an inquiry at work and the supervisor is unable to demonstrate that they took reasonable actions to address the issues, the absence of an employee assistance program (EAP) may be interpreted as a violation of compliance. Even though employee assistance programs (EAPs) are not mandated by law, they are frequently required in order to demonstrate that a firm is adhering to the law.

"If it's not required, why bother?" is a question that an increasing number of firms continue to raise. The solution lies in the subtle distinction that exists between doing the bare minimum and doing things in the appropriate manner. Compliance at the bare minimum ensures that there is no risk of incurring a fine, but optimal practices foster trust, tenacity, and efficiency. By providing an Employee Assistance Program (EAP), employers demonstrate that they care about their employees beyond simply adhering to the regulations. They are taking measures to address the psychological hazards that workers face and to make it easier for workers to receive assistance. It is possible that this will be of great significance during audits, legal disputes, or when dealing with private issues at work. Even more seriously, best practices improve the culture of an organization and can be a factor in determining whether or not employees remain with that organization.

When it comes to dealing with threats in the workplace, employers are compelled to do so under WHS law. In terms of the protection of one's body, this may refer to the use of safety equipment or devices. When it comes to the mental health of workers, this involves providing them with access to support systems that may assist them in coping with issues such as anxiety, conflict, or trauma. Employment assistance programs (EAPs) provide workers with an organized solution by providing them with individual counseling, instruments for early support, and expert resources. In addition to this, they assist managers in dealing with severe situations, such as accidents that occur on the job, clients who are irate, or despair following the loss of a coworker. All of these situations provide a psychological risk, and if a firm does not have an employee assistance program (EAP), it may be difficult to demonstrate that they did all in their power to assist their staff members. Therefore, an employee assistance program (EAP) serves as a safety net for employees as well as a means for businesses to ensure that their employees are adhering to the regulations.

According to Fair Work Australia, businesses have a responsibility to protect their employees from being subjected to discrimination, abuse, and poor working conditions. Even while employee assistance programs (EAPs) are not specifically listed in the framework of Fair Work, they are a helpful approach to satisfy these demands. If an employee files a complaint, a firm that provides employee assistance programs (EAP) can demonstrate that they took measures to improve the person's health and prevent any damage from occurring. Additionally, it provides employees who might not feel comfortable speaking with HR or supervisors directly with an opportunity to do so in a private setting. This proof of preventative care can significantly reduce the legal and reputational risks that are associated with businesses in the event that a dispute or a claim arises concerning the company.

Despite the fact that EAPs are not mandated by law, a significant number of enterprises in Australia consider them to be essential. In high-stress industries such as healthcare, emergency services, mining, transportation, and education, employee assistance programs (EAPs) often play a significant role in the management of hazards. Employees in these areas frequently have to cope with stressful situations, such as working long hours or doing intellectually difficult activities. There is a high potential for personnel turnover and requests for salary to skyrocket in the absence of structured assistance. In spite of the fact that EAPs are not mandated by law, regulators and groups operating in these areas frequently anticipate the existence of such programs. Companies who do not provide employee assistance programs (EAP) may be perceived as slipping behind their competitors since this has been the industry norm over the course of time.

Despite the fact that it is not officially required, businesses that do not provide employee assistance programs (EAP) may be putting themselves in a precarious position. Companies may see an increase in the number of employees who do not show up for work, employees who are present at work but are not doing any duties, and disputes that occur in the workplace if they do not have an employee assistance program (EAP). The failure to get enough assistance can occasionally result in workers' compensation claims or WorkSafe investigations, both of which cost a great deal more than the cost of an employee assistance program (EAP). People who are employed in today's society are also more aware of their rights and anticipate that their managers would watch out for their mental health. A firm that does not have an employee assistance program (EAP) may have a difficult time recruiting or retaining qualified individuals in highly competitive employment markets. Not only does this pose a threat to individual safety, but it also poses a threat to the long-term expansion of the company.