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Mental health in the workplace

Last updated February 2022

This chapter explains your legal obligations and risks in relation to mental health in the workplace.

A number of laws apply when you manage workplace issues that relate to an employee’s mental health.

Definition: Mental Health

Mental health is the state or condition of a person’s psychological and emotional wellbeing.

Laws require you to take certain steps to provide a safe workplace for your employees that is free from risk to their health and safety, including risks to mental health. These laws include:

  • health and safety legislation; and
  • common law.
Important: You are also required to provide a safe place of work and safe system of work under contract law, which recognises an implied term in an employment contract that obliges you to take reasonable care for the health and safety of your employees.
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