Employee Assistance Programs (EAP) and Legal Requirements in Australia
Last Updated 08/12/25 By Vanessa Cortez
EAP Programs @ Mindway EAP
While talking to HR about workplace safety, many Australian companies ask, "Are Employee Assistance Programs (EAPs) required in Australia?" and the answer is yes. In a nutshell, that is the case. In Australia, EAPs are not required by law. But they help businesses meet their health and safety, legal, and regulatory obligations in the workplace.

Safe Work Australia, WorkSafe Victoria, and the Fair Work Ombudsman are just a few of the powerful organizations that have recently made employee mental and physical health a top priority. Employers could help their employees, reduce dangers, and handle psychological hazards to show they care about their workers. An EAP can be of great assistance in this case.

What You’ll Learn in This Article
  • Whether EAPs are mandatory under Australian law
  • How EAPs support compliance with WHS legislation
  • The role of EAPs in Fair Work obligations
  • Why regulators expect proactive mental health measures
  • How offering an EAP reduces legal and reputational risks
  • Practical benefits for employees and employers

Are EAPs Legally Mandatory in Australia?

People are not compelled by law to use EAPs. There is no mandate under Australian law requiring companies to provide EAPs. Businesses, however, are obligated to ensure the emotional and physical well-being of their employees per the WHS Act of 2011. If a corporation does nothing to address a worker's mental health risks, it could be viewed as not obeying the rules. Use of an EAP is one of the most practical and straightforward ways to demonstrate compliance with your duty of care. address psychosocial hazards, reduce risks, and assist workers. A workplace assistance program (EAP) can be quite helpful here.

EAPs and WHS Compliance

People are not compelled by law to use EAPs. There is no mandate under Australian law requiring companies to provide EAPs. Businesses, however, are obligated to ensure the emotional and physical well-being of their employees per the WHS Act of 2011. If a corporation does nothing to address a worker's mental health risks, it could be viewed as not obeying the rules. Use of an EAP is one of the most practical and straightforward ways to demonstrate compliance with your duty of care. address psychosocial hazards, reduce risks, and assist workers. A workplace assistance program (EAP) can be quite helpful here.

Employee:
We don’t legally have to provide an EAP, but I’m worried about compliance with Fair Work and WHS laws.
You:
Exactly. While it’s not mandatory, regulators expect us to manage psychosocial risks. Having an EAP shows we’re proactive and can protect us from potential legal or reputational risks.

EAPs and Fair Work Requirements

The Australian government's Fair Work Act does not mandate EAPs, but it does safeguard employee rights related to psychological health and wellness on the job. For example, employees have the right to an environment free from harassment, assault, and any other form of unnecessary stress or discrimination. Offering an EAP is a great way for companies to show their employees how much they care by going above and beyond to assist them. Disputes, complaints, and claims under the Fair Work Act can decrease as a result.

Reducing Risk and Liability for Employers

If employers don't take care of mental health risks, they could face lawsuits, fines, and damage to their image. More and more cases brought to the attention of workplace officials show that employers have a duty to ensure psychological safety. Even though it's not required, having an EAP can be used as proof to show officials that you took care of your employees' well-being and were responsible.

"Taking care of employees’ mental health is not only a moral obligation but also a legal responsibility. An EAP is a bridge between compliance and compassion." – Workplace Wellbeing Expert

How Regulators View Proactive Mental Health Support

Employers are encouraged by groups like WorkSafe Victoria to take proactive steps to protect their workers' mental health. Along with training, open policies, and mental health awareness programs, EAPs are often named as examples of best practices. They are not required, but in many fields they are seen as the norm. If you don't give one, your business might fall behind in terms of compliance and what employees expect.

Benefits Beyond Compliance

EAPs offer a multitude of benefits, one of which is a reduction in the risk of legal repercussions. By providing employees with the opportunity to receive private counseling and assistance, firms are able to achieve higher levels of productivity, less absenteeism, and improved retention rates. By striking a balance between their legal obligations and genuine concern for their workforce, businesses have the ability to create workplaces that are both healthier and more stable.

A medium-sized building company in Sydney was having trouble with site workers getting more stressed out because of tight project deadlines. The HR team set up an EAP to offer counseling and other health and wellness services, even though it wasn't required by law. Within six months, 20% fewer employees missed work, and comments from employees showed that morale had gone up. When the company was audited for WHS compliance, the regulator noticed that the EAP was a proactive step that made the company more compliant.

Key Takeaways
  • EAPs Are Not Legally Mandatory
    No Australian law requires EAPs, but they strongly support compliance with WHS and Fair Work duties.
  • EAPs Help Meet WHS Obligations
    By addressing psychosocial hazards, EAPs demonstrate that employers are fulfilling their duty of care.
  • Compliance and Culture Go Hand in Hand
    EAPs reduce risks of legal claims while building trust and wellbeing in the workplace.
  • Proactive Support Is Best Practice
    Even if not required, regulators view EAPs as a leading example of responsible workplace management.
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