Compliance in the context of Australia involves a wide variety of requirements, ranging from the accuracy of payroll to the health and safety of the workplace. Compliance is a broad concept. In recent years, both the Fair Work legislation and the WorkSafe standards have been amended, which has led to the extension of compliance to include psychological safety. Furthermore, the Fair Work legislation has been modified. In light of this, it is now expected of employers that they will take preventative actions to protect their employees from the harm that can be caused by psychological hazards such as excessive workloads, poor management practices, and bullying. Employee assistance programs (EAPs) offer a technique that is not only easily accessible but also cost-effective for satisfying a portion of this duty. This demonstrates to regulators that the firm is concerned about the wellbeing of its employees.

It is not necessary for employees to participate in employee assistance programs in Australia because of the legislation that is now in effect. On the other hand, the authorities require firms to implement safeguards that are "reasonably practicable" in order to protect their employees from being subjected to both physical and psychological harassment. Many companies, particularly those that are bigger organizations or those that are in high-stress industries such as healthcare, education, or construction correspondingly, are increasingly considering an employee assistance program (EAP) to be a fair and anticipated measure. This is especially especially true for businesses that are in the construction industry. There is a possibility that an employee assistance program (EAP) will make it more challenging to demonstrate that the organization has successfully implemented necessary measures to protect the mental health of its workforce.

There is a policy in existence in Australia called Fair Work Australia that requires companies to ensure that their workplaces are just and safe. The provision of equal access to assistance and resources, the management of workloads and rosters in a responsible manner, and the avoidance of bullying and harassment are all included in these tasks. Even while an employee assistance program (EAP) does not replace these requirements, it does augment them by providing workers with a confidential way of bringing up issues and addressing them before they become official claims. This is done in order to prevent the problems from becoming official claims. The provision of access to counselling and other wellness choices is one way in which employers express their support for equitable Work's criteria for safe and equitable treatment. This is done in order to demonstrate that they are actively supporting these needs.

WorkSafe regulators all around Australia, including WorkSafe Victoria, have implemented specific rules for the management of psychosocial hazards. This implies that inspectors are now able to determine whether or not workplaces are taking adequate measures to prevent dangers to mental health. Although having an employee assistance program (EAP) is not the only action that businesses are required to take, it is a measure that is both visible and believable. In the event that a workplace is experiencing significant levels of stress or trauma, for instance, an inspector might enquire, "What kinds of supports have you made available to your employees?" Having an Employee Assistance Program (EAP) demonstrates that the organisation has a professional and well-structured system in place.

Companies who fail to manage psychosocial hazards may be subject to investigations by Fair Work or WorkSafe, the possibility of incurring fines or legal claims, an increase in the expenses of workers' compensation, and an increase in the number of employees who leave their jobs or are absent from work. By providing a confidential channel for employees to seek support and by proving that companies are taking proactive steps to comply with workplace safety and wellbeing obligations, employee assistance programs (EAPs) contribute to the reduction of these hazards.

In light of the rapid pace at which mental health legislation is changing, it is highly probable that regulators will continue to intensify the requirements that employers must fulfil. Despite the fact that EAPs are not required at this time, compliance frameworks are increasingly beginning to anticipate their presence. Businesses that implement employee assistance programs (EAPs) at an earlier stage are in a better position to control risk, safeguard their brand, and stay ahead of future regulations.