EAP and Workplace Compliance in Australia | Supporting Duty of Care & Employee Wellbeing
Last Updated 20/2/26 By Vanessa Cortez
EAP Programs @ Mindway EAP
The concept of adhering to working regulations in Australia has expanded to encompass a great deal more than simply adhering to contracts, receiving payment, and wearing protective gear. According to laws such as the Work Health and Safety (WHS) Act and Fair Work Australia, compliance should place a significant amount of attention on mental health, employee well-being, and the responsibility of corporations against misconduct. This is due to the fact that these regulations are designed to ensure the safety of individuals. Not only are businesses responsible for ensuring the physical safety of their employees while they are on the job, but they must also address psychological hazards such as stress, bullying, and burnout.

Finding a way to care for their employees while yet adhering to the rules is one of the most challenging challenges that many businesses face. In this particular scenario, an Employee Assistance Program (also known as an EAP) is all that is required. Using the Employee Assistance Program (EAP), which also offers crisis support, health resources, and one-on-one therapy to employees, businesses are able to demonstrate that they are adhering to the guidelines. By incorporating employee assistance programs (EAP) into their legal procedures, businesses are able to reduce their risks, ensure the safety of their employees, and develop a culture that is both robust and committed.

What You’ll Learn in This Article
  • Why workplace compliance includes mental health and psychosocial safety
  • How EAP services support duty of care requirements under WHS
  • The role of EAP in reducing legal and reputational risks for organisations
  • How confidential counselling helps staff feel safe to raise concerns
  • Real-world examples of EAP supporting compliance in practice
  • Key takeaways for employers building stronger compliance strategies

The Expanding Scope of Workplace Compliance

The growth of compliance in Australia, which had previously placed a narrow emphasis on contracts and physical security, has resulted in the emergence of a comprehensive perspective on well-being. Protection against psychological hazards, such as a lack of work-life balance, unfair job expectations, and bullying, is becoming an increasingly essential need for organisations. As a result, organisations are being forced to provide this protection. If these risks are not handled, there is a possibility that penalties, legal action, or violations of compliance will occur. These outcomes are all possible. Through the implementation of an employee assistance program (EAP), businesses are able to fulfil these promises by ensuring that their staff members have access to support that is well-organised and skilled in the event that difficulties emerge.

Duty of Care and Mental Health

Under the Workplace Health and Safety Act, employers are required to take reasonable precautions to ensure the mental and physical health of their staff members. This obligation applies to both the employees and the employers. This requirement must be satisfied in order to be in compliance; it is not something that can be done on a voluntary basis. By providing its employees with an employee assistance program (also known as an EAP), organisations are able to demonstrate that they are actively carrying out their commitment. By demonstrating their commitment to decreasing both apparent and invisible dangers that may be present in the workplace, the employer proves their commitment by providing wellness services and counselling that is kept confidential.

Employee:
I’m worried about the stress levels in my team. It feels like no one’s really listening, and I don’t want this to become a bigger issue.
You:
I understand your concern. We’ve introduced an EAP so you and your colleagues have access to confidential support. It’s part of our compliance obligations, but more importantly, it’s here to make sure you’re supported in managing stress.

Reducing Legal and Financial Risks

You lose money when you don't follow the rules. Businesses who don't help their employees could lose money, face fines, have staff leave, and lose trust. The Employee Assistance Program (EAP) services help keep problems from getting worse by lowering the chances that confrontations, written reports, or workers' compensation claims will reach the highest levels of government. If an employer can show that they have support systems in place, they are less likely to be sued. This will also lead to a more stable workforce.

Supporting HR and Compliance Leaders

In many cases, compliance is the responsibility of managers of human resources and workplace health duties. These managers are also needed to deal with a wide variety of legal obligations. The services that are offered by EAPs are advantageous to these leaders because they supply them with information and tools that are in compliance with the standards that are prevalent in the legal system. In addition to bolstering the culture of the workplace, employee assistance programs (EAP) help human resources demonstrate compliance in audits and reviews. These programs are responsible for a variety of activities, including the provision of therapy and wellness classes, as well as the response to catastrophic situations.

"Compliance is not just about ticking boxes; it’s about creating workplaces where people can thrive without fear or harm." – Safe Work Australia

Confidential Counselling Builds Safety and Trust

When individuals have faith that their privacy will be protected, they are more likely to discuss the challenges they are facing or to seek support when they are in need of it. The Employee Assistance Program (EAP) offers workers a safe and confidential setting in which they are able to address difficulties without the worry of being judged or having their careers suffered as a result of their discussions. The risk that the problems will become more serious or that they will result in safety violations is decreased as a result of this. Trust is not only helpful to your health, but it also works to lower the risk that you would break the law. Trust provides both of these benefits.

In the case of a large manufacturing company, dealing with the stress-related absenteeism and human turnover that they were experiencing was a challenging endeavour. When a number of workers filed workers' compensation claims, alleging stress at work as the basis of their claims, authorities expressed concern that the company might not be following to the WHS psychological safety rules. This concerned the authorities since it was possible that the company was not adhering to the criteria. An Employee Assistance Program (EAP) was formed by the company in response to this inquiry. This program provides employees with counselling, workshops on how to deal with stress, and training on how to be resilient. Over the course of one year, there was a reduction in the number of absences, there was an increase in the percentage of employees who remained with the company, and there were reports from other sources that proved that the organisation had met its commitment to provide adequate care.

Key Takeaways
  • Compliance Now Includes Mental Health
    Workplace compliance in Australia covers psychosocial safety, making EAP a valuable tool for employers.
  • EAP Supports Duty of Care
    Offering EAP services demonstrates that organisations are fulfilling their WHS duty of care obligations.
  • Prevention Reduces Legal Risk
    EAP reduces the likelihood of disputes, compensation claims, and compliance breaches by addressing issues early.
  • Trust Strengthens Culture and Compliance
    Confidential counselling builds trust, which in turn supports compliance and creates healthier workplace environments.
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