EAP and Mental Health Compliance in Australia | Supporting Employee Wellbeing
Last Updated 20/2/26 By Vanessa Cortez
EAP Programs @ Mindway EAP
There has been a big change in how mental health and comfort are dealt with at work in Australia over the past few years. For the purpose of dealing with psychological risks, WorkSafe Victoria and Safe Work Australia have put in place new rules. Businesses are now forced by these rules to deal with threats to mental health in the same way they deal with threats to physical safety. Because of this change, more weight should be given to useful help for well-being. One way to solve this problem is through Employee Assistance Programs, or EAPs.

Employee assistance programs (EAPs) aren't just a nice-to-have for your health; they're also becoming more and more seen as an important tool for making sure safety, managing risks, and boosting cultural wellbeing. These programs also show that a company cares about creating a mentally healthy workplace, which is required by law and is the right thing to do. This dedication is shown by the fact that the business provides individual counseling.

What You’ll Learn in This Article:
  • How EAP services help meet compliance obligations
  • The role of EAPs under Fair Work and WorkSafe regulations
  • Real workplace scenarios where EAPs support compliance
  • A relatable conversation between employer and employee
  • A short story showing how EAPs prevent workplace risks
  • Key takeaways for HR and business leaders

Understanding EAPs in the Context of Compliance

By providing employees with confidential counseling for a short time period and other forms of assistance relating to their well-being, an Employee Assistance Program, often known as an EAP, is intended to assist workers in coping with personal or professional challenges. This is accomplished by providing the workers with assistance. In point of fact, this support is included as part of an employer's duty of care in accordance with the regulations that govern Work Health and Safety (WHS), which specify that businesses are expected to deal with psychological dangers. In other words, this aid is a fundamental component of an employer's duty of care. Early intervention programs, also known as EAPs, make it possible for businesses to offer support to their employees at an earlier stage. As a result, the possibility of psychological hazards in the workplace, such as stress, burnout, and conflicts, is reduced.

Employee:
I’ve been feeling overwhelmed lately, and I’m worried it’s starting to affect my work. I don’t want to seem incapable, but I need some support.
You:
Thank you for sharing that. You’re not alone, many people have felt the same way, especially with recent workload changes. We actually have a confidential EAP service you can reach out to anytime. It’s completely private and can help you talk through what’s been causing stress.

The Connection Between EAP and Fair Work Australia

According to the legislation that Fair Work Australia has in place, businesses are obligated to provide their employees with a working environment that is not only secure but also encouraging. Employee assistance programs (EAPs) make a contribution to the accomplishment of these objectives by providing employees with well-organized services for mental health, which in turn enhances the employees' general health and well-being. To add insult to injury, they also provide companies the opportunity to show that they care about their employees by taking "reasonable steps." This is a significant benefit for corporations. Providing workers with the opportunity to participate in individual treatment not only helps them become more resilient, but it also helps them reduce the amount of absences they take from work and proves that they are actually carrying out the obligations that are assigned to them at work.

EAP and WorkSafe Victoria’s Psychosocial Requirements

According to WorkSafe Victoria, managing psychological risks such as bullying, excessive workloads, and inadequate help falls under the purview of managers. Managers are responsible for identifying, evaluating, and managing these hazards. When it comes to reducing stress, one of the most effective ways is to provide employees with a safe and confidential atmosphere in which they may share concerns connected to their mental health. firms who implement employee assistance programs (EAP) into their overall wellness plan are able to demonstrate that they are complying with the new Occupational Health and Safety Amendment (Psychological Health) laws 2022. This allows the firms to successfully demonstrate that they are in accordance with the laws.

“Mental health needs to be seen as a human right, not a privilege.”
- UN Secretary-General António Guterres

The Practical Side of EAP: Prevention and Protection

The employee assistance programs (EAPs) not only have the ability to offer aid in the event that something goes wrong, but they also have the ability to assist in the prevention of problems from arising in the first place. Workers who have the ability to instantly get professional treatment and other tools for their well-being are significantly less likely to experience events that are associated with stress, issues in the workplace, or formal complaints. This is because these events are significantly less likely to occur. This is a strong proof of the necessity of conducting due diligence from the point of view of fulfilling compliance requirements. Having this data reveals that the firm has implemented measures to guarantee that employees have a sense of safety, which is becoming an increasingly significant component of investigations and reports nowadays.

The employees of a construction firm in Melbourne that was of a medium size were expressing their displeasure with rising levels of stress and burnout, and the company was seeing an increasing amount of absences. WorkSafe carried out a routine evaluation, and as a result, management was given the directive to reinforce the mental health procedures that were already in place. Through the Employee Assistance Program that was formed by the corporation, employees were given the opportunity to get counseling and training on how to deal with stress.

Employees reported that they had experienced an increase in both their self-assurance and their capacity to communicate over the course of time. As a result of the program, not only was there a reduction in the number of workers who quit their positions, but it also helped to protect individuals during following compliance inspections. The Employee Assistance Program (EAP) of the company was a means of dealing with psychological risk that was both proactive and successful, which was a strong indication of leadership accountability, according to the officers who conducted the inspections.

Building a Culture of Compliance and Compassion

Enhanced employee assistance programs (EAPs) not only have the capacity to fulfill official criteria, but they also successfully link policy to persons. It is more likely that individuals will continue to be engaged, loyal, and productive when they have the perception that they are supported. As a consequence, this leads to a reduction in the risk that businesses face, a decrease in the number of claims that they get, and an improvement in their position with regard to compliance. Through the implementation of employee assistance programs (EAPs) inside their health policies and the combination of kindness and rigor, companies have the ability to create an atmosphere in which adherence to the rules is not merely a question of checking off a list of requirements. This demonstrates, in a natural way, both what they believe in and how honest they are as leaders. It displays both of these things.

Key Takeaways
  • EAPs Support Compliance Efforts
    Implementing an EAP helps employers meet their legal obligations under Fair Work and WorkSafe regulations by providing accessible mental health resources.
  • Prevention is Better Than Reaction
    EAPs act as preventive tools, reducing psychosocial risks before they escalate into formal complaints or compliance issues.
  • Transparency Builds Trust
    Encouraging open conversations between employees and management fosters a culture of psychological safety and demonstrates leadership accountability.
  • Compliance and Care Go Hand in Hand
    By integrating EAP services, organisations create workplaces that are not only compliant but genuinely supportive, where mental health is valued as a core part of success.
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