Your how-to: Establishing a compliance officer role for mental health initiatives

Category
Process and Procedures
Sub-category
Compliance and Legal Requirements
Level
Maturity Matrix Level 2

Establishing a compliance officer role for mental health initiatives within your organisation essentially involves the creation of a distinct position within your HR team, whose primary responsibility is to ensure compliance with laws and guidelines relating to employees' mental wellbeing. 

An individual in this role serves as a point of contact for all matters relating to mental health and assures compliance with mandated policies and best practices. They oversee the implementation of mental health policies, provide guidance on their application, and monitor the ongoing effectiveness of these strategies. 

In the Australian context, this would include adherence to legislation like the 'Model Work Health and Safety Act 2011', 'Fair Work Act 2009' and the 'Disability Discrimination Act 1992,' which address the duty of care employers have towards their employees' health, including mental health. Additionally, they would supervise the execution of initiatives aligned with the National Mental Health Commission's recommendations for workplace mental health. 

By investing resources into such an officer role, a business can potentially improve its overall employee wellbeing, bolster its reputation as an employer, and may even help mitigate legal risk associated with non-compliance of mental health legislation.

Step by step instructions

Step 1

Understand and Identify the Need: Evaluate the current mental health policies and initiatives in your organisation. Are they adequate and fully compliant with all relevant Australian legislation and guidelines? Identify any gaps or areas for improvement. This process would help to reinforce the need for a mental health compliance officer.

Step 3

Get Approval and Budget: Present the proposal to senior management. Highlight the benefits such as potential improvements in employee wellbeing, enhancement of the organisation's reputation, and mitigation of legal risks. Discuss about the necessary budget that may include the officer’s salary, and resources needed to carry out policies and initiatives.

Step 5

Train and Empower: Once the right candidate is hired, ensure they are fully trained and familiar with the organisation's current mental health initiatives and compliance requirements. Allow them the autonomy to inspect, update and implement policies as necessary.

Step 7

Regularly Review and Update the Role: As mental health awareness and legislation change over time, it is important that the compliance officer's role is regularly reviewed and updated. This will ensure it is always relevant and adding value to your organisation's mental wellbeing strategy.

Step 2

Define the Role and Responsibilities: Draft a comprehensive job description for the compliance officer role. This should include overseeing the organisation's adherence to relevant laws such as the Fair Work Act 2009 and the Disability Discrimination Act 1992, updating policies, guiding employees and management, and regularly reviewing the effectiveness of mental health initiatives.

Step 4

Recruit the Right Candidate: Once approval and budget have been acquired, initiate recruitment. Look for candidates who have a strong understanding of mental health issues, Australian health regulations, and HR policies and procedures, combined with excellent communication and leadership skills.

Step 6

Integrate the Role in the Organisation: Make sure all managers and employees understand the role of the compliance officer and how it affects their work. Create a culture that supports open communication about mental health issues and encourages everyone to co-operate with the compliance officer in their role.

Step 8

Reflect and Breathe: This step can be challenging, so it's important to take a moment to breathe and reflect. Pause to consider the progress made, the obstacles encountered, and the lessons learned. This reflection will not only help in gaining clarity but also in maintaining a balanced perspective, allowing for thoughtful and deliberate decision-making moving forward.

Use this template to implement

To ensure you can execute seamlessly, download the implementation template.

Pitfalls to avoid

Ignorance of Relevant Legislation

Your compliance officer must have a thorough understanding of relevant legislation pertaining to mental health in Australia such as the Disability Discrimination Act 1992 and the Workplace Health and Safety Act 2011. Failure to comply with these laws may lead to significant legal and financial ramifications.

Absence of Regular Communication

Your compliance officer needs to have regular communication with employees as well as management. Limited communication may mean potential issues remain unaddressed, or staff may feel unsupported, heightening feelings of isolation or distress.

Lack of a Robust Workplace Mental Health Strategy

The role of the compliance officer should be part of a larger, comprehensive strategy for addressing mental health concerns within your organisation. Without an overarching strategy, the role may fall short of making significant positive impacts.

Lack of Adequate Training

A mental health compliance officer requires adequate training in handling sensitive mental health matters and must be adept at recognising potential mental health concerns. Lack of necessary training could inadvertently exacerbate an employee's issues or lead to incorrect advice being given.

Neglecting Employee Confidentiality

Confidentiality is a major part of any role dealing with personal health information. Ignoring this could lead to a breach of trust, aggravate mental health issues, or even result in legal problems under laws such as the Australian Privacy Act 1988.

Not Regularly Reviewing Procedures

It’s important for the compliance officer to regularly review and update the procedures to ensure they're effective and appropriate for the current circumstances of the organisation. Inadequate evaluation and adjustment of procedures could result in ineffective management of mental health matters.