Within the context of Australia, compliance encompasses a wide range of obligations, ranging from the accuracy of payroll to the health and safety of the workplace. Both the Fair Work legislation and the WorkSafe standards have been updated in recent years, which has resulted in the expansion of compliance to include psychological safety. Because of this, it is now anticipated of employers that they will take proactive measures to prevent harm caused by psychosocial hazards such as high workloads, bad management practices, and bullying. EAPs provide a method that is both easily accessible and economical for meeting a portion of this responsibility, thereby demonstrating to regulators that the company is serious about the welfare of its employees.

Under the legislation that are now in place in Australia, employee assistance programs are not required. On the other hand, authorities mandate that businesses adopt measures that are "reasonably practicable" in order to safeguard their employees against both physical and psychological harassment. An employee assistance program (EAP) is becoming increasingly considered a reasonable and expected measure for many workplaces, particularly those that are larger organisations or those that are in high-stress industries such as healthcare, education, or construction respectively. An employee assistance program (EAP) may make it more difficult to demonstrate that the company has taken adequate measures to safeguard the mental health of its employees.

Fair Work Australia mandates that employers must ensure that their workplaces are safe and equitable. This obligations include the prevention of bullying and harassment, the responsible management of workloads and rosters, and the provision of equitable access to support and resources. Even though an employee assistance program (EAP) does not take the place of these obligations, it does supplement them by providing workers with a confidential means of bringing up and addressing concerns before they become official claims. In order to demonstrate that they are actively supporting Fair Work's requirements for safe and fair treatment, employers demonstrate their support by providing access to counselling and wellbeing options.

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.